TASMANIAN INDUSTRIAL COMMISSION

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

Liquor, Hospitality and Miscellaneous Union - Tasmanian Branch
(T12596 of 2006)

MISCELLANEOUS WORKERS AWARD

Award variation - amend Clause 37 Hours of Work, subclause (d) - consent matter - application granted - award varied - operative 21 March 2006

REASONS FOR DECISION

[1] On 7 March 2006, an application was lodged by the Liquor, Hospitality and Miscellaneous Union - Tasmanian Branch (LHMU) pursuant to s.23 of the Industrial Relations Act 1984, to vary the Miscellaneous Workers Award (the award) by the amending Clause 37 - Hours of Work, subclause (d).

[2] A hearing commenced at the Commonwealth Law Courts, 39-41 Davey Street, Hobart on Tuesday 21 March 2006 at 1.15 pm.

[3] At the hearing Mr P Tullgren appeared on behalf of the (LHMU) and Mr M Watson for the Tasmanian Chamber of Commerce and Industry Limited (TCCI).

[4] Having heard the submissions from the parties, I am satisfied that the award should be varied by deleting from Clause 37 - Hours of Work, subclause (d) and inserting in lieu thereof the following:

"(d) Where an employee does not receive two consecutive days off duty in each seven days by nature of the duty roster, the employee must be paid, for all time worked until they are given two consecutive days off, at the overtime rate set out in Clause 39(a)."

[5] In approving the application, I am satisfied it is consistent with both the Wage Fixing Principles and the public interest test required pursuant to s.36 of the Act.

[6] The application is granted. The Order  giving effect to this decision was issued on 24 March 2006, with an operative date on and from 21 March 2006.

James P McAlpine
COMMISSIONER

Appearances:
Mr P Tullgren for the Liquor, Hospitality and Miscellaneous Union - Tasmanian Branch
Mr M Watson for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2006
March 21
Hobart