IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This application by the Federated Liquor and Allied Industries Employees' Union of Australia (Tasmanian Branch) (FLAIEU) was heard in conjunction with matter T. 15711 and seeks to vary the Licenced Clubs Award in such a way as to increase all wage rates by 4%, together with incorporation of cost offset items, consistent with the requirements of the Second Tier Principle of the Wage Fixation Principles of this Commission.

All such variations as proposed are consent matters, save for one (mixed function clause) which is to be arbitrated.

The extensive list of variations to clauses also includes several items which may be categorised simply as tidying up the award by modification or removal of redundant or outdated provisions.

Agreed cost offset items include the following:

1. Update of Board and Lodging by 100%.

2. Update of casual provision.

3. 38 hour week update of clause.

4. Greater flexibility for taking of meal periods by reducing work time for taking break from one and half hours to 30 minutes.

5. Greater flexibility of part-time hours by reducing the minimum hours to be worked from 4 to 3 per day and 12 to 9 per week.

6. Greater flexibility for payment of wages.

7. Greater onus placed on employees to comply with appropriate early notice in respect of sick leave.

8. Update of Time and Wage Provisions.

9. Restriction of travelling time to overtime.

10. New requirements for return of uniforms to reduce loss.

The feasibility of employing such a person on a changed basis has been made possible by virtue of more flexible award provisions which are contained in the proposed package advanced by the parties.

The parties also placed on record their intention to hold further discussions relating to identifying further ways in which the industry can become more efficient, and then report back to the Commission prior to implementation if necessary.

Whilst it was generally acknowledged that costing of the items agreed to was difficult on an industry wide basis because of the diversity of the type and operation of various licensed clubs, one item was used to illustrate the level of savings which can be achieved in a given circumstance. And exhibit S5 was put forward to show that in the case of the classification of "Other Steward" being previously employed as a casual for 3 hours, Thursday and Friday and 4 hours on Saturday.

In the future if the total package is accepted, he could be employed as a part-time employee, and working the same hours as before be paid 5.8% less, notwithstanding the making of allowance for annual leave and maximum sick leave entitlements.

In addressing the Wage Fixation Principles the parties relied upon the Restructuring and Efficiency Principle.

It was stated that the proposals advanced were also sustainable on the basis of the fact that:

1. Discussions between the parties were lengthy and detailed and constituted genuine attempts to achieve a result based upon proper criteria.

2. There was a complete absence of industrial action.

3. Cost savings negotiated are real.

4. The consultative process was difficult given the high degree of casualisation of employees and the lack of uniformity of hours worked in the industry.

5. Whilst costings are approximate, employers can achieve significant savings if they manage clubs efficiently.

6. The approach taken by the parties in this matter is similar to those elements of the Retail Trades Case matter2 which were accepted by a Full Bench of this Commission.

7. Similar changes to the Motels Award3 were accepted by the Australian Conciliation and Arbitration Commission.

The parties could not agree to a variation to the "Mixed Functions" provisions already contained in the award.

However, it was a matter of common ground that problems which have occurred in the past relate to the failure of the award to clearly define the duties and responsibilities of persons differently classified.

Both parties are committed to addressing this part of the problem as soon as possible, together with an examination of the possible review and perhaps amalgamation of some classifications.

For my part I really only need to address myself to the question as to whether or not the package presented is sufficient to justify the granting of a 4% wage increase in the terms of the Principles, or whether other items need to be found.

On the evidence and material placed before me I am satisfied that the improvements in pay sought will not result in increased costs exceeding 4% of wages and salaries. I am also satisfied that to grant the claim would be consistent with Section 31 of the Act.

The claim is therefore granted.

I do believe it is in the best interests of all parties concerned to address the problems associated with lack of clarity or other deficiencies of the award. And leave is reserved for either party to raise such issues at a later time.

OPERATIVE DATE

As from the first pay period to commence on or after 1 November 1988.

Order is attached.

A. Robinson
DEPUTY PRESIDENT

1 Restaurant Keepers Award
2 MT No 1165 of 1988
3 C No 2808 of 1988