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T11262

 

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

(T11262 of 2003)

RESTAURANT KEEPERS AWARD

 

COMMISSIONER T J ABEY

HOBART, 12 February 2004

Award variation - Clause 9 - Annual Leave - remove an unintentional anomaly - consent application - application approved - operative date 11 February 2004

REASONS FOR DECISION

[1] On 24 December 2003 an application was lodged by the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch, pursuant to Section 23 of the Industrial Relations Act 1984, to vary the Restaurant Keepers Award.

[2] When this matter came on for hearing on 11 February 2004, Mr P Tullgren appeared for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch. Mr P Mazengarb appeared for the Tasmanian Chamber of Commerce and Industry Limited (TCCI).

[3] Mr Tullgren explained that the purpose of this application was to remedy an anomaly which was an unintended consequence when the award was varied to replace the Minimum Wage prescription in the Annual Leave clause with a loading of 17.5%. The anomaly relates to part-time employees.

[4] Mr Mazengarb advised that the TCCI supported the application.

[5] Correspondence had been received from the Australian Municipal, Administrative, Clerical and Services Union indicating support for the application.

[6] I am satisfied the application is consistent with both the Wage Fixing Principles and the public interest requirements of the Act.

[7] The application is granted operative from 11 February 2004.

[8] The Order reflecting this variation is attached.

 

Tim Abey
COMMISSIONER

Appearances:
Mr P Tullgren for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch
Mr P Mazengarb for the Tasmanian Chamber of Commerce and Industry Limited

Date and Place of Hearing:
2004
February 11
Hobart