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.3599 of 1991)

RESTAURANT KEEPERS AWARD

Second minimum rates adjustment

REASONS FOR DECISION

This matter concerns an application by the Federated Liquor and Allied Industries Employees' Union of Australia - Tasmanian Branch, to vary the Restaurant Keepers Award in respect of the second minimum rates "structural efficiency" adjustment.

That principle provides as follows:

"3.2  Minimum rates adjustment

Minimum rates adjustments for minimum rates awards in accordance with the October 1989 State Wage Case decision shall continue to be allowable under this decision and shall be in accordance with the following:

(a) the appropriate adjustments in any award will be applied in no less than four instalments which will become payable at six monthly intervals provided in appropriate cases longer or shorter phasing-in arrangements may be approved or awarded and/or parties may agree that part of a supplementary payment should be based on service;

(b) the second and subsequent instalments of these adjustments will not be automatic and an application to vary the relevant award will be necessary;

(c) supplementary payments will be prescribed in a separate column contained in wages clauses of awards. A separate clause shall also appear in awards which defines supplementary payments, making it clear that those payments represent, in effect, minimum rates in lieu of equivalent over award payments;

(d) where the existing minimum classification rate in an award exceeds the minimum rate for that classification assessed in accordance with this decision, the excess amount is to be prescribed in a separate clause: that amount will not be subject to adjustment;

(e) acceptance of absorption of these adjustments to the extent of equivalent over award payments is a prerequisite to their being applied in any award."

The parties have negotiated the proposed new pay rates by using the classification of "Hospitality Service Grade 5" (as defined) as the benchmark figure, being the equivalent of a base tradesman rate of pay. Other classifications are to maintain their relativity.

Since the matter is one of consent; meets the requirements of current wage fixation principles; and is consistent with public interest, the application is granted.

Accordingly the award will be varied in a manner consistent with such application.

Operative Date

The foregoing variation to the award shall have effect from the beginning of the first full pay period to commence on or after 1 January 1992.

A. Robinson
DEPUTY PRESIDENT

Appearances:
Mr G. Burgess for the Federated Liquor and Allied Industries Employees' Union of Australia - Tasmanian Branch.
Mr S. Clues with Mr R. Murray for the Tasmanian Confederation of Industries.

Date and Place of Hearing:
1991:
Hobart
December 16