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T6171

 

TASMANIAN INDUSTRIAL COMMISSION

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

Australian Liquor, Hospitality and
Miscellaneous Workers Union (Tasmanian Branch)
(T6171 of 1996)

HOTELS, RESORTS, HOSPITALITY AND MOTELS AWARD
LICENSED CLUBS AWARD [Correction Order 25.11.99] [Correction Order 15.12.99]
RESTAURANT KEEPERS AWARD

 

COMMISSIONER P A IMLACH

16 May 1996

Award variation - wage rates - 3rd MRA - not against public interest - application granted - operative ffpp 1 May 1996

REASONS FOR DECISION

This was an application by the Australian Liquor, Hospitality and Miscellaneous Workers Union (Tasmanian Branch) (the Union) for variations to be made to the Hotels, Resorts, Hospitality and Motels Award, the Licensed Clubs Award and the Restaurant Keepers Award (the three Awards) implementing the third Minimum Rates Adjustment (MRA).

The MRA process was commenced in the three Awards through matters T5188, T5189 and T5190 of 1994. This application reflects a continuation of the process begun in that previous matter.

In its submissions in support of the application the Union advised the Commission that agreement had been reached between the parties and draft orders were produced reflecting that agreement.

The Commission was advised also that:

  • Division A only of the Hotels, Resorts, Hospitality and Motels Award was sought to be varied as, by agreement, the MRA process for Division B had been separate from the start.

  • This third MRA was the final MRA for the Hotels, Resorts, Hospitality and Motels Award and the Restaurant Keepers Award.

  • There was still a fourth MRA due for the Licensed Clubs Award, again, by agreement between the parties originally.

  • The draft orders produced were consistent with the original MRA schedules provided in matters T5188, T5189 and T5190 of 1994.

The Union requested that the variations be made to commence from the first full pay period on or after 1 May 1996.

The Tasmanian Chamber of Commerce and Industry Limited (the Chamber) confirmed its consent to the application and the draft orders produced and submitted that the application was in accordance with the Guidelines of the Commission and the public interest.

The Chamber was opposed, however, to the operative date sought by the Union saying there was no special need for retrospectivity.

I am satisfied that this application is in accordance with the Guidelines of the Commission and its approval is not against the public interest. I am also satisfied that, in view of the Union's early application and the spirit of the MRA process, the operative date should be from the first full pay period to commence on or after 1 May 1996 and I will so order.

Orders in a consolidated form will be issued in the near future.

 

P A Imlach
COMMISSIONER

Appearances:
Mr D Mathewson for Australian Liquor, Hospitality and Miscellaneous Workers Union (Tasmanian Branch)
Mr S J Gates for Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
1996
May 6
1996