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Tasmanian Industrial Commission

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T4807, T4808 and T4809

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application to vary an award

Australian Liquor, Hospitality and Miscellaneous Workers Union -
Tasmanian Branch

LICENSED CLUBS AWARD
(T.4807 of 1993)

RESTAURANT KEEPERS AWARD
(T.4808 of 1993)

HOTELS, RESORTS, HOSPITALITY AND MOTELS AWARD
(T.4809 of 1993)

 

COMMISSIONER P A IMLACH

31 January 1994

Wage rates - State Wage Case December 1993 - $8 increase

REASONS FOR DECISION

These three matters were joined for hearing: they were applications by the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (the Union) for the $8 arbitrated safety net adjustment, determined by a full bench of the Commission in the State Wage decision dated 24 December 19931 to be applied to the Hotels, Resorts, Hospitality and Motels Award, the Restaurant Keepers Award and the Licensed Clubs Award (the Awards).

The Union sought the increase for the awards and advised that they had all been the subject of restructuring; there had been discussions between the parties as to enterprise agreements, but to date nothing had eventuated.

The Union requested that the amendments sought should operate from the first full pay period to commence on or after the date of the hearing.

The Tasmanian Chamber of Commerce and Industry Limited (the Chamber) sought an adjournment of the hearing of these applications for the reason that it claimed the restructuring of the Awards had not been properly completed: in particular certain shift rates had not been reduced as agreed; such reductions had already taken place in the Federal area it was confirmed.

The Chamber had recently lodged claims seeking the reductions it referred to in the Awards and it submitted they should be heard and settled before the $8.00 increases were granted under these applications.

Whilst there is much to commend in the Chamber's submissions and I am not unsympathetic to them, I am satisfied that the $8.00 Safety Net Adjustment increase was intended to be applied in minimum rates awards even though the

Structural Efficiency process had not been completed (or even commenced for that matter) in any particular award. For this reason I am not prepared to take up the Chamber's submissions and adjourn these applications.

The applications are not against the public interest and are granted operative from the date of this decision.

Orders will be issued in due course.

 

P A Imlach
COMMISSIONER

Appearances:
K. O'Brien for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch.
S. Clues for the Tasmanian Chamber of Commerce and Industry Limited.

Date and place of hearing:
1994.
Hobart:
January 25.