IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This matter concerns an application by the Federated Liquor and Allied Industries Employees Union of Australia, Tasmanian Branch (F.L.A.I.E.U) to vary the Hotel and Motel Keepers Award in relation to a 4% second tier increase; traineeship provisions; allowances and conditions up-date; and introduction of termination, change and redundancy provisions.

All claims were presented as an update of the award, which simply mirrors Federal courterpart awards in respect of both pay rates and conditions. And in this regard it is acknowledged that. the State award covers only a very small minority of hotels and motels in Tasmania, and because of this situation there has been a historical flow on of properly arbitrated matters dealt with earlier by the Australian Industrial Relations Commission in relation to hotels and motels covered by Federal awards.

It is never-the-less proper and appropriate that this Commission be satisfied on the evidence that to accede to the variations sought would be consistent with the requirements of both the Wage Fixation Principles and Section 36 of the Act i.e. public interest.

Whilst the matter of maternity leave was mentioned, the FLAIEU indicated that it did not intend proceeding with that matter at this time.

Furthermore the applicant organisation sought and was granted leave to withdraw its claim in relation to "traineeships". However, leave is granted to pursue each of these items at a later date.

Cost offset items in relation to the claim for a 4% wage increase were listed and presented as an exhibit and these are matters which are similar to those items already accepted by the Commission in the Restaurant Keepers' Award matter¹ and. the Licensed Clubs Award matter² relating to the 4% Second Tier Principle.

Given the fact that all matters other than "termination, change and redundancy" are consented to, and have been virtually twice tested by two tribunals, and having proper regard for the history and basis of this award, those consent items going to 4% Second Tier, allowances and conditions update are granted.

The matter of Termination, Change and Redundancy (including extended periods of notice) is refused.

My reasons for doing so follow the reasons for decision issued by the Full Bench of this Commission in the Retail Trades Termination, Change and Redundancy Case³

Whilst the Hotels and Motels Award is acknowledged as a "mirror" award of counterpart Federal awards, allowance needs to be made for the fact that Federal and State legislation is significantly different. And in particular Section 31 of the State Act provides in (2) (b) that, inter alia:

"A Commissioner shall not make an order under this Section (i.e. to settle an industrial dispute)

(b) that makes an award or that varies or creates a provision of an award."

Thus to introduce an award provision as sought would effectively prevent a member of the Commission settling an industrial dispute of a particular kind on merit.

The applicant also sought that the name of the Award be changed to "Hotels, Resorts, Hospitality and Motels Award" to more properly reflect the changed nature of the industry and this is also granted.

OPERATIVE DATE

Those matters granted shall come into effect as from the beginning of the first full pay period to commence on or after 6 September 1989

The order detailing award changes will follow.

A Robinson
DEPUTY PRESIDENT

1 T.1571 of 1989
2 T.1570 of 1989
3 T.125 of 1985