Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T8151, T8157 and T8158

 

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

(T8151 of 1998)
(T8157 of 1998)
(T8158 of 1998)

CLEANING AND PROPERTY SERVICES AWARD
SECURITY INDUSTRY AWARD
VETERINARY SERVICES AWARD

 

DEPUTY PRESIDENT B R JOHNSON

HOBART, 16 February 1999

Award variation - insertion of carer's leave clause - consequential amendments - annual leave - hours - overtime - part-time and casual employees - consent matter - application approved - operative date 4 February 1999

REASONS FOR DECISION

On 21 December 1998 the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch applied to vary the above-mentioned awards for the purpose of inserting a new clause in each to make provision for Carer's Leave.

When the matters came on for hearing at Hobart on Thursday, 4 February 1999 Ms P Shelley appeared for the applicant organisation and Mr R Brown appeared for the Tasmanian Chamber of Commerce and Industry Limited. With the parties' agreement I heard the matters together.

Ms Shelley took me through the draft orders for the purpose of clarifying machinery amendments discussed by the parties before the hearing. Ms Shelley submitted that the proposed amendments, which include provisions for part-time and casual employees, complied with the Model Clause approved by the Full Bench in the Carer's Leave test case (T6296 and T6441 of 1996)-subject only to minor variations of an industry specific nature-and met all the requirements of the Wage Fixing Principles and Section 36 of the Act. Ms Shelley asked me to vary each award according to the amended draft orders, the variations to become effective from beginning of the first full pay period to commence on or after 4 February 1999.

Mr Brown said there was no employer objection to either the proposed variations, as amended, or the suggested operative date. He, too, submitted that the variations complied with the Wage Fixing Principles and the Commission's test case standard for Carer's Leave.

The parties' submissions and explanations satisfy me that the proposed variations comply with the Full Bench test case standard for Carer's Leave, the Wage Fixing Principles and Section 36 of the Act. In the circumstances, I grant the applications and vary each award accordingly. My Orders to that effect, which will take effect from beginning of the first full pay period that commenced on or after 4 February 1999, accompany these Reasons for Decision.

 

B R Johnson
DEPUTY PRESIDENT

Appearances:
Ms P Shelley for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch.
Mr R Brown for the Tasmanian Chamber of Commerce and Industry Limited.

Date and Place of Hearing:
1999
February 4
Hobart