C2002/5297, Transcript of Proceedings [2002] AIRCTrans 5051 (13 December 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER ROBERTS

C2002/5297

AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION SUPPORTED EMPLOYMENT (BUSINESS ENTERPRISES) AWARD 2001

Application under section 113 of the Act
by the Australian Liquor, Hospitality
and Miscellaneous Workers Union to vary
re reasonable hours

SYDNEY

10.03 AM, MONDAY, 2 DECEMBER 2002

PN1

THE COMMISSIONER: Good morning, appearances, please?

PN2

MS S. BENNETT: If the Commission pleases, I appear on behalf of the Australian Liquor, Hospitality and Miscellaneous Workers Union.

PN3

THE COMMISSIONER: Thank you. Ms Bennett?

PN4

MS BENNETT: Thank you, Commissioner. This is an application to vary the Supported Employment Business Enterprises Award to make provision for the new test case standard on reasonable overtime, as determined by the Full Bench on 23 July 2002 and set out in Print Number 072002. Copies of the application, the draft order and the notice of today's hearing have been served on the employers, as directed by the Commission.

PN5

The statement of service attesting to the election in compliance with the rules has been filed in the registry. The draft order supplied conforms in all respects to the test case and the union seeks that the variation be made from today's date.

PN6

THE COMMISSIONER: Yes, thank you. How many employer respondents are there?

PN7

MS BENNETT: There is a total of eight, Commissioner.

PN8

THE COMMISSIONER: I have a letter from one of them from Access Industries agreement to the variation. What about the other seven?

PN9

MS BENNETT: Commissioner, I haven't received any correspondence from any of the other parties to the award.

PN10

THE COMMISSIONER: They have been properly served with notice of today's hearing?

PN11

MS BENNETT: They have been and a statement of service has been filed to that effect.

PN12

THE COMMISSIONER: Good, thank you. Given that I have agreement from one party and the other parties have been properly served and properly advised of the hearing and of the variations sought and given the nature of the application, on the basis of what is filed and submitted the award will be varied, as sought by the union, the operative date will be the first pay period commencing on or after today. That completes the matter.

ADJOURNED INDEFINITELY [10.05am]