Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers & Ors [2000] QIRC 135 (2000) 165 QGIG 12

12 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1 September, 2000 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 319 – representation of parties Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others (No. B466 of 2000) COMMISSIONER BROWN 1 August 2000 REPORT ON DECISION (as edited) In giving his decision from the Bench on 1 August 2000, Commissioner Brown stated:– “The application before the Commission seeks to establish a new award, Wine Industry Award. The employers have consented to the making of that Award. The union that has made the application has the right to do so, and it is not contested that the employees to be covered by the proposed Award are currently award free. Mr D’Arcy for the Australian Workers’ Union has advised that there are currently two matters before the Australian Industrial Relations Commission with respect to the wine industry in Queensland. Firstly, an application to rope in entities in the winery industry in Queensland to this federal Award. This application is to be heard tomorrow. And secondly, an application to vary the coverage scope of the federal Award so that it might cover small wineries of the type that, without exception, exist in Queensland. There is no date of hearing set for this matter that I am aware of. Mr D’Arcy opposes the application as amended, and further, his organisation has lodged an application for the making of a state Award to cover wineries. That application is not before the Commission today. However, Mr D’Arcy has informed us that the reason for the application is two fold: 1. A genuine desire by the Australian Workers’ Union to establish a state Award; and 2. A belief that some of the provisions of the Award sought by the ALHMWU do not meet community standards as envisaged by both the objects and s. 126 of the state Act. Mr D’Arcy correctly asserts, and indeed it’s not contested, that his union is a significant organisation nationally in the wine industry, and as such should have the right to argue their case on the various conditions which they claim are inferior. I agree. Mr D’Arcy has named week-end penalties, wages and classification structures, rates of pay on public holidays, hours of work with respect to days of the week and spread of hours as the conditions which his organisation sees as requiring improvement. He also, in a broad sense, suggests that some further differences to be found between the AWU application for a state Award and the ALHMWU application may be relevant. Having regard to the agreement between the applicant and the respondents, together with the provisions of the Act, I have decided to order that the Award be made in the terms sought from today, with the exception of those issues raised by Mr D’Arcy on behalf of the AWU mentioned earlier. Having considered all the material presented, and the arguments advanced, I have decided that the AWU should indeed be given the opportunity to present their arguments regarding their areas of concern. I direct that the parties enter into discussion in an attempt to solve the issues by agreement. In any event we will resume at 9 a.m. on Friday, 1 September to either finalise this matter or to set dates for hearing and inspections as may be requested by the Australian Workers’ Union or indeed other parties.”. Order accordingly. Dated this first day of August, 2000. By the Commission, [L.S.] E. EWALD, Industrial Registrar. Released: 23 August 2000 Appearances:– Mr J. Martin for the Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees. Mr D. D’Arcy for The Australian Workers’ Union of Employees, Queensland. Ms A. Tunjic for The National Union of Workers Industrial Union of Employees Queensland. Mr S. Pawlowski for Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers. -- 1 of 1 --