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Tasmanian Industrial Commission

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T4837, T4838 and T4839

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or award variation

Tasmanian Chamber of Commerce and Industry Limited

LICENSED CLUBS AWARD
(T.4837 of 1994)

HOTELS, RESORTS, HOSPITALITY AND MOTELS AWARD
(T.4838 of 1994)

RESTAURANT KEEPERS AWARD
(T.4839 of 1994)

 

COMMISSIONER P A IMLACH

10 November 1994

Award variation - shift loadings and penalty rates

REASONS FOR DECISION

These three applications by the Tasmanian Chamber of Commerce and Industry Limited (the Chamber), which were joined at the outset, were for amendments to be made to the clauses providing for penalty rates and shift allowances in the Licensed Clubs Award (T.4837 of 1994), the Hotels, Resorts, Hospitality and Motels Award (T.4838 of 1994) and the Restaurant Keepers Award (T.4839 of 1994) (the three awards).

The three applications followed and relied upon similar amendments made to the Australian Industrial Relations Commission (AIRC) Hotels, Resorts and Hospitality Industry Award 1992 (the 1992 Award) on 6 May 1993 following an extensive review of the industry based upon the Structural Efficiency Principle of the AIRC which was adopted also by this Commission.

There has been a nexus established between the 1992 Award (and its antecedents) and the three Awards and the Chamber sought to maintain the nexus in the three applications.

The three applications were lodged with the Commission in January this year, but by mutual agreement, a full hearing was adjourned and discussions between the parties continued from time to time until 4 October 1994, when the Chamber sought to have its applications finalised, but the matters were further adjourned for continuing discussions (including other additional matters raised by the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch)(the ALHMWU).

Resolution was not reached, however, and a final hearing on these three applications took place on 13 October 1994.

The Chamber produced draft orders reflecting the details of the three applications.

I am satisfied that the amendments sought ought to be made. I accept the submissions of the Chamber and no real reason was given against the proposed amendments. There is also no doubt in my mind that the parties have long expected the changes to take place.

The orders in these matters will be made prospective so as to enable the employers to make the necessary changes in advance and to avoid confusion as far as possible.

The three awards will be amended, as requested, from 1 December 1994.

Orders are attached.

 

P A Imlach
COMMISSIONER

Appearances:
S. Gates and S. Clues for the Tasmanian Chamber of Commerce and Industry Limited.
D. Cross with M. Johnson for the Registered Clubs Association.
H. Hudson and C. Huxtable with D. Mathewson for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch.

Dates and place of hearing:
1994.
Hobart:
May 23.
October 4, 13.