C2001/4507, Transcript of Proceedings [2001] AIRCTrans 3067 (14 November 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER GRAINGER

C2001/4507

LIQUOR AND ACCOMMODATION INDUSTRY
- RESTAURANTS - VICTORIA - AWARD 1998

Application by the Australian Liquor,
Hospitality and Miscellaneous Workers
Union pursuant to section 113
of the Act to vary re wages and conditions

SYDNEY

11.04 AM, MONDAY, 29 OCTOBER 2001

PN1

HIS HONOUR: Yes, Ms Bennett?

PN2

MS BENNETT: Thank you, Commissioner. This is an application to vary the Liquor and Accommodation Industry Restaurants Victoria Award 1998 to insert the recently determined test case standard extending parental leave to eligible casuals and to update the minimum wage paid under the supported wage provision of the award. The application is justified in that it seeks to provide equitable provision of parental leave to casual employees and in relation to the minimum wage paid under the supportive employment clause to bring that minimum wage in line with the income test free area attached to the disability support pension. The application provides for flexibility and efficiency in the operation of the award; is consistent with the principle object to the Workplace Relations Act and seeks to maintain the award at a relevant level pursuant to section 88B of the Workplace Relations Act.

PN3

If the Commission pleases I'll hand up the formal orders sought by the union in the matter.

PN4

HIS HONOUR: Yes. I'll mark that Exhibit A.

EXHIBIT #A FORMAL ORDERS SOUGHT BY THE UNION

PN5

HIS HONOUR: I might note to the transcript taker that that will apply to the earlier matters as well. Thanks.

PN6

MS BENNETT: Again, Commissioner, the only change to that order from the order that was faxed through originally is the change of our date of application which is in the preamble to being 29 October 2001.

PN7

HIS HONOUR: Yes. Look, I'm sorry, I meant to get my associate to just also flag to you, Ms Bennett, that I think you'll note in this one that clause, it's not clause 19.9.3 in this one, it's clause 19.8.3 of the Award. The minimum amount payable to the employee during the trial period should be no less than $45 per week. The $45 is to be amended to $53. Thanks.

PN8

MS BENNETT: I'll change that on the orders and email through correct orders.

PN9

HIS HONOUR: Yes, when you email it to my associate. Thanks very much. Yes.

PN10

MS BENNETT: And the union seeks that the orders be made in accordance with the orders you have before you with an operative date of today's date.

PN11

HIS HONOUR: And the allowable matters that these relate to, Ms Bennett?

PN12

MS BENNETT: AUC2C in relation to leave, being the allowable matter and in relation to rates of pay the section being A2H.

PN13

HIS HONOUR: Yes, thank you very much. I note that while there is no-one appearing on behalf of employer organisations today, that I've had correspondence from Mr Eberhard of Vecci concurring with the proposed variation, subject to its commencing date not being earlier than 29 October 2001 and also that I've had correspondence from the TWU concurring a consent into the proposed variation as well. Yes, then. In respect of this application under section 113 of the Workplace Relations Act to vary the Liquor and Accommodation Industry Restaurants Victoria Award, 1998 I note the information provided by Ms Bennett for LHMU. I note that the provisions of section 89A and section 106 appear to be complied with. I do intend to reserve my decision. I will however hand down orders as quickly as possible and I note that any orders will take effect subject to, by not pre-empting the orders I'm going to make but if I'm going to consent to the application then the orders will apply from 29 October 2001 and I now adjourn these proceedings. Thanks very much, Ms Bennett.

ADJOURNED INDEFINITELY [11.09am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A FORMAL ORDERS SOUGHT BY THE UNION PN5