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Tasmanian Industrial Commission

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T11032

 

TASMANIAN INDUSTRIAL COMMISSION

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

Australian Liquor, Hospitality and Miscellaneous Workers Union,
Tasmanian Branch

(T11032 of 2003)

AERATED WATERS AWARD
AUTOMOTIVE INDUSTRIES AWARD
INDEPENDENT SCHOOLS (NON TEACHING STAFF) AWARD
CLEANING AND PROPERTY SERVICES AWARD
FIBREGLASS AND PLASTICS AWARD
HOTELS, RESORTS, HOSPITALITY AND MOTELS AWARD
ICE CREAM MAKERS AWARD
LAUNDRY AND DRY CLEANING AWARD
LICENSED CLUBS AWARD
RESTAURANT KEEPERS AWARD
SECURITY INDUSTRY AWARD
SHIPPING AWARD
VETERINARY SERVICES AWARD
MISCELLANEOUS WORKERS AWARD
CHILD CARE AND CHILDREN'S SERVICES AWARD
LEATHER, CANVAS AND SHEET PLASTIC FABRICATION AWARD
HEALTH AND FITNESS CENTRES AWARD
WHOLESALE PLANT BAKERIES AWARD
NATIONAL TRAINING WAGE (TASMANIAN PRIVATE SECTOR) AWARD
BAKING INDUSTRY AWARD

 

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

HOBART, 14 November 2003

Award variation - reasonable hours provision - application approved - operative date 14 November 2003

REASONS FOR DECISION

[1] On 27 August 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 Aerated Waters Award, the Automotive Industries Award, the Independent Schools (Non Teaching Staff) Award, the Cleaning and Property Services Award, the Fibreglass and Plastics Award, the Hotels, Resorts, Hospitality and Motels Award, the Ice Cream Makers Award, the Laundry and Dry Cleaning Award, the Licensed Clubs Award, the Restaurant Keepers Award, the Security Industry Award, the Shipping Award, the Veterinary Services Award, the Miscellaneous Workers Award, the Child Care and Children's Services Award, the Leather, Canvas and Sheet Plastic Fabrication Award, the Health and Fitness Centres Award, the Wholesale Plant Bakeries Award, the National Training Wage (Tasmanian Private Sector) Award and the Baking Industry Award.

[2] At the hearing Mr P Tullgren appeared for The Australian Liquor, Hospitality and Miscellaneous Workers Union, Tasmanian Branch (ALHMWU) and Ms J Thomas appeared on behalf of the Tasmanian Chamber of Commerce and Industry (TCCI). Mr T Kleyn appeared for the Health Services Union of Australia, Tasmania Number 1 Branch (HSUA) in respect of the National Training Wage, Private Sector Award only.

[3] The application sought to implement the decision of the Full Bench in matter T No. 10886 of 2003 which endorsed the agreed position of the parties to include in awards of the Commission the `model' clause, in respect to the working of `reasonable hours', found in the decision of the Australian Industrial Relations Commission in Print PR072002.

[4] Public notices advising of the date, time and place for hearing of the application were notified to each of the major newspapers in the State.

[5] At a hearing of the matter on 5 November 2003, the Full Bench endorsed the application and the agreed operative date of 14 November 2003.

[6] Accordingly each of the above named awards will be varied to insert the `model' clause, with appropriate changes where necessary, as determined by the Full Bench in Matter T. No. 10886 of 2003, effective from 14 November 2003.

 

P L Leary
PRESIDENT

Appearances:
Mr P Tullgren for The Australian Liquor, Hospitality and Miscellaneous Workers Union, Tasmanian Branch
Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited
Mr T Kleyn for the Health Services Union of Australia, Tasmania Number 1 Branch

Date and place of hearing:
2003
November 5
Hobart