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T10410

 

TASMANIAN INDUSTRIAL COMMISSION

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

Australian Liquor, Hospitality and Miscellaneous Workers Union
(T10410 of 2002)

AERATED WATERS AWARD
CHILD CARE AND CHILDREN'S SERVICES AWARD
CLEANING AND PROPERTY SERVICES AWARD
FIBREGLASS AND PLASTICS AWARD

HEALTH AND FITNESS CENTRES AWARD
ICE CREAM MAKERS AWARD
INDEPENDENT SCHOOLS (NON TEACHING STAFF) AWARD
LAUNDRY AND DRY CLEANING AWARD
LICENSED CLUBS AWARD
MISCELLANEOUS WORKERS AWARD
RESTAURANT KEEPERS AWARD
SECURITY INDUSTRY AWARD
SHIPPING AWARD

 

FULL BENCH:
PRESIDENT P L LEARY
DEPUTY PRESIDENT R J WATLING
COMMISSIONER T J ABEY

HOBART, 11 December 2002

Award variation - 9% superannuation - application approved - operative date ffpp 25 November 2002

REASONS FOR DECISION

[1] On 10 September 2002 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 Aerated Waters Award, the Child Care and Children's Services Award, the Cleaning and Property Services Award, the Fibreglass and Plastics Award, the Health and Fitness Centres Award, the Ice Cream Makers Award, the Independent Schools (Non Teaching Staff) Award, the Laundry and Dry Cleaning Award, the Licensed Clubs Award, the Miscellaneous Workers Award, the Restaurant Keepers Award, the Security Industry Award and the Shipping Award.

[2] Mr P Tullgren appeared for The Australian Liquor, Hospitality and Miscellaneous Workers Union, Tasmanian Branch (ALHMWU) and submitted that all of the awards for which a variation is sought are awards in which the ALHMWU has an interest.

[3] Mr M Watson appeared on behalf of the Tasmanian Chamber of Commerce and Industry (TCCI).

[4] He submitted that the TCCI consents to the application subject to agreement being reached in respect to appropriate orders.

[5] The application seeks to insert agreed clauses into the Aerated Waters Award and the Shipping Award in relation to superannuation.

[6] The application also seeks to vary the other 11 awards by deleting reference to the 3% superannuation provision, however it be expressed, and replacing it with a 9% superannuation provision or variation to the monetary figure where relevant.

[7] The application seeks to maintain the award provisions in respect to superannuation up to date and relevant. Accordingly we are satisfied that the application is consistent with the Wage Fixing Principles and the public interest requirements of the Act.

[8] The parties are required to provide agreed draft orders within 21 days giving effect to the terms of this decision which will take effect from the first pay period on or after 25 November, 2002.

 

P L Leary
PRESIDENT

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

Date and place of hearing:
2002
November 25
Hobart