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[Extract from Queensland Government Industrial Gazette,

dated 29 April, 2005, Vol. 178, No.18, pages 425-426]

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

Industrial Relations Act 1999 – s. 125 – application for amendment

Liquor Hospitality and Miscellaneous Union, Queensland Branch, Union of Employees AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others

(Nos. B792 of 2004, B869 of 2004, B870 of 2004 and B1857 of 2004)

HOTELS, RESORTS AND ACCOMMODATION INDUSTRY AWARD – SOUTH-EASTERN DIVISION 2002

HOSPITALITY INDUSTRY – RESTAURANT, CATERING AND ALLIED ESTABLISHMENTS AWARD

– SOUTH-EASTERN DIVISION 2002

CONTRACT CATERING AND INDUSTRIAL SERVICES AWARD – SOUTH-EASTERN DIVISION 2004

CLUBS ETC. EMPLOYEES’ AWARD – SOUTH EAST QUEENSLAND 2003

COMMISSIONER BECHLY 12 April 2005

DECISION

Applications have been filed by the Liquor Hospitality and Miscellaneous Union, Queensland Branch, Union of Employees (LHMU) to amend the above Awards by the inclusion of provisions:

·  requiring that an employee be given a letter of appointment in a prescribed form;

·  enabling a causal employee to convert to permanent employee; and

·  preventing the deduction from an employee’s wage of till shortages.

These matters have been before the Commission on a number of occasions following an earlier requirement that the parties confer with a view to reaching agreement on the new provisions sought.

On Friday 1 April 2005 an amended proposal was put to the Commission which reflected the outcome of discussions between the parties. The document put forward at that time required further amendment on the day both at commencement and later during the proceedings to reflect agreed changes and later changes proposed by some of the parties and the Commission.

Consensus has generally been achieved on the matter of till shortages and the letter of appointment. As to the matter of casual employees electing to seek permanent employment, while some differences remain between the parties with respect to three of the awards viz Hotels, Resorts and Accommodation Industry Award – South-Eastern Division 2002, Hospitality Industry – Restaurant, Catering and Allied Establishments Award – South-Eastern Division 2002, and Contract Catering and Industrial Services Award – South-Eastern Division 2004, they are not such as to prevent the Commission granting the applications. The differences relate to the employers preference to deal with a variety of hours of work limitations on various categories of employees which would seem to limit flexibility presently existing and thus inhibit agreement to transfer from casual to permanent employment, whether part-time or full-time.

It was proposed for the employer organisations that an ideal opportunity was presented to all the parties to negotiate some rationalisation on this issue but proposals put to the union had been rejected. For the LHMU it was put that such matters could reasonably be the subject of an application for a further award amendment at some future time.

It is apparent, from the information put to me, that these difficulties would, in certain circumstances, act as a deterrent either to an application by an employee or agreement by an employer to enable transfer from casual to permanent employment and may fall into the category of reasonable cause for rejection of an application to transfer.

On a consideration of the various submissions put by all of the parties I intend to amend the three abovementioned Awards subject to amendments raised during the hearing being agreed between the parties by Monday April 11. The amendments will have effect from 1 July 2005.

As to the Clubs Etc. Employees’ Award – South East Queensland 2003, it was apparent that there was sufficient lack of consensus to prevent the application being concluded without further submissions and arbitration. The parties to that Award have been directed to further confer on the issues in contention and inform the Commission at an early date of the precise differences between them which require arbitration.

An Order amending the Hotels, Resorts and Accommodation Industry Award – South-Eastern Division 2002, the Hospitality Industry – Restaurant, Catering and Allied Establishments Award – South-Eastern Division 2002, and the Contract Catering and Industrial Services Award – South-Eastern Division 2004 will be issued subsequent to the provision by the parties of an amended application in a form to be agreed between the parties by Monday 11 April 2005.

R.E. BECHLY, Commissioner.
Hearing Details:
2004 25 June
9 September
11 November
2005 27 January
22 February
1 April
Released: 13 April 2005 / Appearances:
Messes Krebs and Cruwys of the Liquor Hospitality and Miscellaneous Union, Queensland Branch, Union of Employees.
Mr S. Pawlowski of the Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers.
Mr K. Mitchell of the Queensland Hotels Association, Union of Employers.
Ms B. Seeto of the National Retail Association Limited, Union of Employers.
Mr M. Crimmins of The Restaurant and Caterers Employers Association of Queensland Industrial Organisation of Employers.
Ms C. McAuley of The Registered and Licensed Clubs Association of Queensland, Union of Employers.
Mr G. Muir of Employer Services on behalf of Royal Queensland Bowls Association.

Government Printer, Queensland

ÓThe State of Queensland 2005.