TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing of an industrial dispute

Australian Liquor, Hospitality and Miscellaneous Workers Union -
Tasmanian Branch
(T.4637 of 1993)

and

Orford Golf Club

Industrial dispute - alleged failure to pay award wages and conditions

REASONS FOR DECISION

This matter concerns an application by the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch for a hearing to settle an industrial dispute pursuant to Section 29 of the Industrial Relations Act 1984.

The dispute was with the Orford Golf Club and concerned the status of an agreement entered into between the club and Mrs Helen Higgs who has cleaned the premises daily for the past 10 to 12 years for a fixed payment. When the agreement was signed on 20 May 1987 it provided as follows:-

"It is hereby agreed that the Club pay Helen Higgs at the rate of $60.00 weekly for cleaning duties, this rate to be reviewed annually".

Since that time the rate has been increased periodically, but in due course a dispute arose concerning the frequency and adequacy of the amount set.

Argument was put to the Commission as to a range of associated issues including:-

• Was the contract freely entered into and was it a valid contract for service?

• Was there any control exercised or exercisable over Mrs Higgs as an employee?

• Alternatively, was she covered by the terms and conditions of the Licensed Clubs Award?

• If she was covered by the award, was she paid in accordance with the provisions of that award?

Advocates for each side provided expanded arguments going to these and associated issues but no good purpose would be served by canvassing them here.

Suffice is to say the Commission as presently constituted held a series of off-record discussions to encourage settlement of the dispute through the conciliatory process.

However, following an adjournment there was still no agreed settlement and the parties were invited to state their final positions to enable the dispute to be settled by arbitration.

Decision

Having conducted a hearing in accordance with the requirements of Section 29 of the Act, and after having regard for the views expressed by each of the parties, I have decided that this particular industrial dispute be settled on the following terms:-

1.  That the Orford Golf Club and Mrs Higgs and/or her union revise their present arrangement for cleaning the club premises, and if any future arrangement is reached, such arrangement clarify that it is either:-

(a)  a contract of service and that the terms and conditions of the Licensed Clubs Award legally apply, or

(b)  a registered agreement which has been entered into and ratified pursuant to the requirements of the Industrial Relations Act 1984, or

(c)  a legally enforceable contract of another kind.

2.  That if both parties are unable or unwilling to negotiate any future arrangement and therefore decide to part company, that the Orford Golf Club give to Mrs Higgs a minimum of two (2) weeks notice of termination.

3.  That as part of the settlement of this particular dispute the Orford Golf Club pay to Mrs Higgs the sum of six (6) hundred dollars. Such sum to be paid within two (2) weeks from this date.

This file is now closed.

Dated at Hobart this 9 day of December 1993.

A Robinson
DEPUTY PRESIDENT

Appearances:
Mr G Burgess for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch.
Mr Forbes Ireland for the Orford Golf Club.

Date and Place of Hearing:
1993.
Hobart:
December 9