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T11185 - 19 November 2004

 

TASMANIAN INDUSTRIAL COMMISSION

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

Liquor, Hospitality and Miscellaneous Union - Tasmanian Branch
(T11185 of 2003)

RESTAURANT KEEPERS AWARD

 

COMMISSIONER T J ABEY

HOBART, 19 November 2004

Award variation - definitions - tour guides - approved - operative date 1 March 2004

REASONS FOR DECISION

[1] On 2 December 2003 an application was lodged by the Liquor, Hospitality and Miscellaneous Union - Tasmanian Branch (LHMU), pursuant to Section 23 of the Industrial Relations Act 1984, to vary the Restaurant Keepers Award.

[2] This matter was listed for hearing at the Commonwealth Law Courts, 39-41 Davey Street, Hobart on 18 December 2003, 13 February 2004 and 12 November 2004. Mr P Tullgren appeared for the LHMU. Mr P Mazengarb appeared for the Tasmanian Chamber of Commerce and Industry Limited, with Mr N Buchanan (18/12/03, 13/2/04) and Mr J Sandel (13/2/04).

[3] This application seeks to insert appropriate classification definitions and wage rates for tour guides engaged at the Cadbury plant at Claremont.

[4] On 19 January 2004 the Commission issued a preliminary decision in relation to this application. This decision granted the application in principle, but allowed for consideration in relation to Scope, Definitions and Wage Rates.

[5] Following private negotiations between the parties, the amended application is now one of consent. During the hearing Mr Tullgren recorded on transcript certain understandings in relation to the implementation of the new structure.

[6] Mr Mazengarb supported the submissions of Mr Tullgren.

[7] I am satisfied that the agreement is consistent with both the Wage Fixing Principles and the public interest requirements of the Act.

[8] The application is approved operative from 1 March 2004.

[9] An order reflecting this decision follows.

 

Tim Abey
COMMISSIONER

Appearances:
Mr P Tullgren for the Liquor, Hospitality and Miscellaneous Union - Tasmanian Branch
Mr P Mazengarb for the Tasmanian Chamber of Commerce and Industry Limited, with Mr N Buchanan (18/12/03, 13/2/04) and Mr J Sandel (13/2/04)

Date and Place of Hearing:
2003
December 18
2004
February 13
November 12
Hobart