TASMANIAN INDUSTRIAL COMMISSION

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

Australian Liquor, Hospitality and Miscellaneous Workers Union -
Tasmanian Branch
(T6351 of 1996)

HEALTH AND FITNESS CENTRES AWARD

Award variation - third $8 arbitrated safety net adjustment - consent matter - application granted - operative date ffpp 2.8.96 - Clause 17 - Parental Leave - correction of cross reference - consent matter - application granted

REASONS FOR DECISION

The applicant in these proceedings is the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch. The union seeks to vary the Health and Fitness Centres Award to reflect the third $8 Safety Net Adjustment, recently confirmed by the State Wage Case decision of 24 July 1996. The application does not concern itself with allowances.

During the hearing I amended the application by consent to include a minor variation to Clause 17 - Parental Leave, correcting a cross-reference error.

The applicant union is the sole employee organisation that has an award interest in this matter.

The application proceeded by way of consent, ALHMWU submitting and TCCI agreeing that, at award level:

· the award incorporates variations reflecting the first and second $8 Arbitrated Safety Net Adjustments, both operative from the first full pay period to commence on or after 21 June 1995;

· the agreed operative date for the increase now sought, the first full pay period to commence on or after 2 August 1996, reflects a time period between the second and third $8 Arbitrated Safety Net Adjustments that is greater than twelve months;

· there are no offsets arising from previous wage increases reached at an enterprise level since 1 November 1991; and

· the application complies generally with the public interest requirements of s.36 of the Act.

Paragraph 7.3.2.3 of the Wage Fixing Principles, as determined by the recent State Wage Case Full Bench decision, requires that:

" ... the parties commit to review the award in the context of:

(i) consistent award formatting;

(ii) removal of discriminatory provisions;

(iii) removal of obsolete or amendment of inaccurate award provisions;

(iv) updating Clause 6 - Parties and Persons Bound;

(v) re-writing of the award in plain English;

(vi) the appropriate use of facilitative provisions;

(vii) the inclusion of an appropriate enterprise flexibility clause."

In the case of the award now before me, ALHMWU specifically commits itself to undertaking the required review.

I believe the submissions and expressions of agreement put to me and recorded above fully satisfy the requirements of the current Wage Fixing Principles. Accordingly, I will vary the award in the manner sought by the applicant, with effect from the first full pay period to commence on or after 2 August 1996. My order, in that form, accompanies this decision.

B.R. Johnson
DEPUTY PRESIDENT

Appearances:
Mr K. O'Brien for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch.
Mr S. Gates with Mr T. Edwards and Ms J. Thomas for the Tasmanian Chamber of Commerce and Industry Limited.

Date and Place of Hearing:
1996
August 5
Hobart