Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Council of Unions & Ors [1999] QIRC 175 (1999) 161 QGIG 777

776 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 20 August, 1999 20 August, 1999 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 777 ########################################################################################################################### QUEENSLAND IJ\DUSTRJAL RELATIONS COMMISSION Industrial Relations Act 1999- s. 125 -application foc variation of award -s. 287- application for general ruling Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, L'nion of Employees (No. B501 of 1999) AND Queensland Council of UnioM (No. B 569 of 1999) AND The Australian Workers' Union of Employees, Queensland (No. B678 of 1999) AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others MISCELLANEOCS WORKERS' AWARD-STATE GENERALRULJNG TO F.STABLISH STANDARD CLAUSE RELATING TO YEAR 2000 COMPLlANCE COMMISSIONERS BECHLY, BLOOMf-lELD AND BALDWIN J 3 July 1999 Application for Ge.neral Ruling -Award Variations - Computer Stored Employee Records of Accrued Er1ti1Jernen1s -Year 2000 Employers' Computer Systems · Compliance - Applications for Cet1am Employers to Make Available Written Confirmation of Employees' Accumulated Entitl ements - AppJ1ca1ions Granted. DECISION l This ma.tier has been the subje<:t of detailed discussions between the panies and the Commission at several conferences cha1Ced by Commissioner ! Bloomfield. As a result of tho se conferences all parties, except Australian Industry Group, JnduStrial Organisation of Employers (Queen.slam!) (AIG), I have reached cortsensus and agr�ed that a General Ruling should issue. l We nOle the submission of Mr McPherson of the AIG as to possible dispu1a11011 which may arise following the is sue of the type of information sought to be made ac�-ess1ble 10 employees under the General Ruling. It is our view that such disputation is unlikely particularly with interpretation of informauon supplied. e.g. in h�ir.< oc dollars values, where such informauoo is nocmally supplied in r<>gular wage payment documentation at mdividual businesses. We also note the course of action proposed by AIG with respect to the issuing of a communique. We beheve that a General Ruling is a very powerful communique and will bnng to the attention of n o n -comphant employers the need to take appropriate action to so become. A General Ruling would appear to achieve the practice propos<:d by AIG in E1thibi( 3 where it strongly recommends to its m em bers that they provide evidence to their employees that computer systems are Y2K compliant or have available a printed copy of each employee' s records - OR DO BOTH. This goes beyond what the General Ruling proposes. It is worthwhile to co mment that Exhibit 3 relates to issues raised during discussions between various pat1ies in the Au�-rralian lndu.mial Relations Commission (AIRC) 10 resolve (hese problems. We oO!e that tl1e /\IRC does not have availabk to it the power to issue a General Ruling and that this Comrrussion is no( restncted, as is the AIRC, by allowable matters legislauon. The eJtemptions nego11ated between (he parties and now included m (he proposed General Ruling by way of the amendment to the application approved today have severely reduced the impact of the application and lim ited it to only those employers who maintain liR rccocds by way of systems that are not compliant. Prov1d<.d that employers take the necessary action to beco me compliant the General Ruling w,11 not provide any additional co.�t impost on industry. We do not consider that an exemption for AIG members 1s appropriate either generally or on an award by award ba.sis. ::ODMA\GRPWISE\QIRC-DOM.IRO-POJ .GE;'l'ERALJ :29314.J QGIG 2018199 -- 1 of 2 -- 778 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 20 August, 1999 The General Ruling which we now make will become effective from the date of publication in the Queensland Govemment Indusrrial Gazelle. The Applican1s are directed 10 prepare the necessary Orde rs to giv" effect to this Decision. R.E. BECHLY, Commissioner. A.L. BLOOMFIELD, Commissioner. D.B. BALDWIN, Commissioner. Appearances:- Mr C. Barrett for the Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees. Ms D. Ralston for the Queensland Council of Unions. • Ms T. Lane for The Aus1ralia11 Workers' Union of Employees, Queensland. • Ms A. Stubbs for the Queensland Chamber of Commerce and Industry Lunited, Industrial Organisation of Employers, the Queensland Cane Growers· Association Union of Employers, th.: Australian Sug ar Milling Association. Queensland, Union of Employers, and the Local Government Association of Queensland Inc. M r R. McPherson for Aust rahan Industry Group, Industrial Organisation of Employers (Queensland). • Mr W. Reedman for the State of Queensland. Mr A. Rowe for the Queensland Hotels Association, vnion of Employers. • Ms K . Browo for the National Meat Association of Australia (Queensland Division) Industrial Organisation of Employers. • Mr K. Law for The Restaurant and Caterers Employers Association of Queensland Industrial Organisation of Employers. • Mr K. Cuddihy for Brisbane Catholic Education Office. • Mr T. Byrne for the Retailers' A.5sociation of Queensland Limited, Union of Employe rs. • Mr B. Siebenhausen for the Queensland Motel Employers Association, Industrial O rganisation of Employers. • M.• T. Marsh for the Australian Mines and Metals Association (Incorporated) Queensland Branch. Released; 14 July 1999 #####################-###-########################################################-############-############################### 20 August, 1999 QUEENSLAND GOVERNMENT INVUSTK1AL UAZcl"l'E ff':) -- 2 of 2 --