TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Federated Liquor and Allied Industries Employees' Union of Australia
Tasmanian Branch
(T.2840 of 1990)

and

Tasmanian Confederation of Industries

LICENSED CLUBS AWARD 

State wage case - structural efficiency principle - second stage

REASONS FOR DECISION

This matter concerns an application by the Federated Liquor and Allied Industries Employees' Union of Australia, Tasmanian Branch (FLAIEU), to vary the Licensed Clubs Award in a manner consistent with the requirements of the "structural efficiency principle", second tier. The question of minimum rates adjustments was part of the FLAIEU claim but was set aside for later hearing on 17 May 1991.

The remainder of the package of proposals have the support of employers and were brought to the Commission only after the completion of long and detailed negotiations between the parties.

In a fullsome address to the Commission Mr Sherry detailed to the Commission:

• the extent of negotiations to date

• actual award changes vis a vis the Wage Fixation Principles

• training and career issues

• wage increases

• issues still outstanding.

The more fundamental of those matters were made the subject of extensive exhibits, and are, in all essential aspects, the same as have been accepted by the Australian Industrial Relations Commission and are now contained in the Hotels, Resorts and Hospitality Industry Award 19881.

The award changes now agreed to complement and reflect the availability of enhanced training opportunities designed to allow employees to continually upgrade their skills and perform a far wider range of duties than was possible before. This better training will not only equip employees with ambition to improve their career prospects, but give to employers a more flexible workforce able to deliver a higher degree of customer service.

The Award will now contain a far more detailed list of definitions in relation to classifications and the list of duties within each classification are also detailed.

Because training modules have a weighted value employees will be able to "mix and match" such training modules in an almost infinite way.

In the result the industries covered by this award will undoubtedly achieve revolutionary upgrading in quality performance with mutual economic benefit in areas where it had not previously existed.

Accompanying those benefits associated with enhanced career opportunities are benefits associated with changed conditions of employment to allow greater flexibility in working arrangements.

Those changed conditions include the following, inter alia:

1. Annual Leave - may be taken now within one year instead of 6 months.

2. Annual Salary - new provision to provide for payment of 25% in lieu of overtime and weekend work with proviso for difference to be paid if less than award entitlement received.

3. Holidays with Pay - can be substituted within 28 days or added to annual leave at penalty equivalent.

4. Hours of Work - flexible hours for full time employees, i.e. 152 or 160 in a 4 week period and between 6 and 12 hours per day. Part-ime workers to also have more flexible hours of work.

5. Meal Periods/Rest Periods - provision for a 20 minute paid break for a person working in excess of 10 hours; no half hour unpaid meal break where agreed.

6. Overtime/Penalty Rates/Shifts - time may be taken off in lieu of payment.

7. Penalty Rate - Sunday penalty reduced to time and three quarters.

8. Rates - three weeks notice, where practicable for employees working new flexible hours.

9. Sick Leave - clarification that when sick on a RDO sick leave is not payable.

The abovementioned changes are not exhaustive of the list presented. However they are illustrative of the nature and significance of the changes made which can only be described as revolutionary. And they give the lie to those self appointed and ill informed critics of the so called rigidity of the centralised system of wage fixation in this country.

The packages of items presented also included an "Award Modernisation" clause which the parties said followed the wording of similar clauses accepted by the Commission since I rejected a particular proposal in relation to the Marine Boards Award for reasons issued at that time.

I agree that the present proposal in respect of this award largely follows that which the Commission finally found acceptable in the Marine Boards Award but it differs in certain areas of detail. More particularly I have therefore substituted the word "shall" for "may" so that the final paragraph now reads as follows -

"Any agreement which affects a provision of this award shall be subject to approval by the Tasmanian Industrial Commission."

My reasoning follows that given in the Marine Boards Award case. Except where otherwise provided an award can only be made or varied by due process and the Commission has the responsibility of exercising proper discretion in determining award matters.

I am satisfied that proposals, as amended, meet the requirement of the Wage Fixation Principles and public interest considerations. Therefore the award will be amended to include the second structural efficiency wage increase and those conditions of employment specified by way of exhibit.

Operative Date

All award variations shall, as agreed, be operative from the first pay period to commence on or after 10 April 1991.

Orders - the parties are requested to submit draft Orders. Order [Correction Order]

A Robinson
DEPUTY PRESIDENT

Appearances:
Mr N J Sherry and Ms C Huxtable for the Federated Liquor and Allied Industries Employees' Association of Australia, Tasmanian Branch.
Mr S Clues for the Tasmanian Confederation of Industries.
Mr F J E Johnson for The Registered Clubs of Tasmania Co-operative Society Limited.

Date and Place of Hearing:
Hobart
1991
March 1

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