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T11518

 

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

(T11518 of 2004)

CHILD CARE AND CHILDRENS SERVICES AWARD

 

COMMISSIONER JP McALPINE HOBART, 8 June 2004

Award variation - superannuation - eligible employee - application amended - consent matter - application granted - award varied - operative date ffpp 15 May 2004.

REASONS FOR DECISION

[1] This (amended) application was made pursuant to s.23 of the Industrial Relations Act 1984, by the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch and lodged on 26 May 2004.

[2] The amended application and draft order, sought to vary the Child Care and Childrens Services Award and, in particular, to insert in Part III - Wage Rates and Related Matters, Clause 4 - Superannuation, an amendment to subclause (d) pertaining to "eligible employee".

[3] A hearing was convened at the Commonwealth Law Courts, 39-41 Davey Street, Hobart, Tasmania on Tuesday 8 June 2004 at 11.30 am.

[4] Mr P Tullgren appeared for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch; and Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited.

[5] Having heard the submissions from the parties, I am satisfied that the award should be varied in the manner set out in the draft order presented by the applicant.

[6] The parties also presented submissions to the Commission in relation to the operative date. The final position of the parties was an agreed operative date from the first full pay period to commence on or after 15 May 2004

[7] In approving the application, I am satisfied it is not contrary to the public interest test required pursuant to s.36 of the Act.

[8] The Order giving effect to this decision is attached and will be operative from the first full pay period to commence on or after 15 May 2004.

 

James P McAlpine
COMMISSIONER

Appearances:
Mr P Tullgren for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch
Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2004
June 8
Hobart