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Tasmanian Industrial Commission

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T6523, T6524, T6525 and T6526

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for award or variation of award

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

HOTELS, RESORTS, HOSPITALITY AND MOTELS AWARD
(T6523 of 1996)

RESTAURANT KEEPERS AWARD
(T6524 of 1996)

LICENSED CLUBS AWARD
(T6525 of 1996)

Shop, Distributive and Allied Employees Association,
Tasmanian Branch

RESTAURANT KEEPERS AWARD
(T6536 of 1996)

 

COMMISSIONER P A IMLACH

5 November 1996

Award variation - third SNA - consent matter - application granted - operative ffpp 1 Nov 96

REASONS FOR DECISION

These four applications which were joined at the outset were made by the Australian Liquor, Hospitality and Miscellaneous Workers Union (Tasmanian Branch) (the ALHMWU) and the Shop, Distributive and Allied Employees Association, Tasmanian Branch (the SDAEA) and sought the implementation of the third $8 Safety Net Adjustment (SNA) as described in the July 1996 State Wage Case decision of the Commission (the Guidelines) in the Hotels, Resorts, Hospitality and Motels Award, the Restaurant Keepers Award and the Licensed Clubs Award (the three awards).

The ALHMWU produced three separate draft orders and advised the Commission that Agreement to the applications and the draft orders had been reached between the parties. The ALHMWU also advised the Commission that more than 12 months had elapsed since the second SNA1 2 3 had been implemented in each of the three awards.

The ALHMWU gave a commitment to take part in a review of each of the three awards as required in paragraph 7.3.2.3 of the Guidelines.

The ALHMWU requested that the amendments commence to operate from the first full pay period to commence on or after 1 November 1996.

In the case of the Restaurant Keepers Award, the SDAEA also submitted that the requirements had been met and sought the granting of the applications for that award. The SDAEA also gave a commitment to take part in a review of the Restaurant Keepers Award as required in paragraph 7.3.2.3 of the Guidelines.

The Chamber advised that subject to an appropriate commitment being received from the Australian Municipal, Administrative, Clerical and Services Union (the AMACSU) the requirements of the Guidelines had been met for these applications. The Chamber endorsed the submissions of the unions and confirmed its agreement to the proposed amendments including the date of operation.

The Commission has since received an appropriate written commitment from the AMACSU.

In relation also to the Licensed Clubs Award the Registered Clubs of Tasmania Co-operative Society Limited advised the Commission that it agreed to the granting of the application for that Award.

I am satisfied that the requirements of the Guidelines and the Act have been met in these matters; the applications are granted and orders operative from first full pay period to commence on or after 1 November 1996 for the Licensed Clubs Award is No.3 of 1996 and for the Restaurant Keepers Award and the Hotels, Resorts, Hospitality and Motels Award orders will be issued in due course.

 

P A Imlach
COMMISSIONER

Appearances:
Mr D Mathewson for Australian Liquor, Hospitality and Miscellaneous Workers Union (Tasmanian Branch)
Mr S Gates for Tasmanian Chamber of Commerce and Industry
Mr P Noonan with Miss M Tosic for Shop, Distributive and Allied Employees Association, Tasmanian Branch
Mr D Crossin for The Registered Clubs of Tasmania Co-operative Society Limited

Date and place of hearing:
1996
October 15
Hobart

1 Hotels, Resorts, Hospitality and Motels Award T5867 and T5868 of 1995, 1 November 1995
2 Restaurant Keepers Award T5871 and T5872 of 1995, 1 November 1995
3 Licensed Clubs Award T5869 and T5870 of 1995, 1 November 1995