Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Edmund Stuart Groves of ABC Learning Developmental Centres Pty Ltd and Ors [1997] QIRC 631 (1998) 157 QGIG 206

206 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 20 March, 1998 ########################################################## QIJEESSLA:-.CD l:\Dl}STRJAL RELATIONS C0;\1 MISSIO!'< WorAplace Relations Act 1997 .�. 127 - Conunis:-:ion a�ting of it� own ml)tion Australian Liquor. Ho.spitality and Mi.<cdl;,neous Worker , l!nion. Queensland Branch. Unio n of Employ ee .< (Nos. R 2 7 -3 of/99/, 8463 c,f 199.l and R56/ uf /994) Edmund S1uan Groves of ABC Learning D�wlopme n1a[ Centre.< Pry I.id (No. 8395 of /994) �1 anin Kemp of Car" Beax ( ·hild Care Ct'.ntr.: (No. 85 /9 of /994) A\D Queensland Chamher of Commerce and Industry Limited, ! nduslr ial Organisauon of Employer, (No. 8543 of /994) Local Gov ernment Association of Q11censland lncnrponi1ed •nrl Other s CHILD CARE l'\°DL'STRY A WARD- STATE COM>.11SSI01'iERS Nu1112R AND BLOOMFIELD 19 Decembcr 1997 REPORT 01' STATEMENT (a.• dited) In making a .statement from the B ench on hehalf 0f the Full Bench at Brisbane on 19 De cemher 19!)7, Com mis,iona Bloomfield said:- "COMMISSIONER BLOOMFIELD: II is neees.,ary for me 10 indicate how these proce..-,dings today came a hou1 and why they ar e fott.d at thi.� particular time with me sinmg alone. The Commission received a facsimile from Livings1ones Australia on 5 Docemh,,r I997 under the signa tu re of Ms Daniels. That facsinule asked the Commission to issue some advice on which of two scenarios would apply from I January 1998 in relation to the wage ra1e.s payahle 10 teach ers. The fax was addressed to Commissioners \°uuer and myself and we arrange d 10 discuss th e facsimile betw<:en us. Thal discussion led us to a gre.e that neith er of the contentions or .scenar ios advanced hy Ms Daniels was correct. Sul)sequcnt 10 the discussion with Conunis.sioner !\uue r, I arranged for my associate to inform Ms Dan iels that neither of the two scenarios set out in her fax of 5 De.ccmb er wa., correct. I must say th at was the first time that eithe r Commissioner Nut1er or myself knew that the parties ha d apparemly taken a partkular approach towards the Conunission's decision, is.sued some time earlier. tha t teacher s move. from 37 and a-half hour.< 10 38 hours a week from I January 1998 and we .11art ed to look at the mana with some conce rn. That rnncern appears to have been shared t,y Mr Moloney of Livingstone., w ho also sent a facsimile to the Commission addressed 10 Commission-,rs Nutter and myself on 16 Decemher 1997. His facsimile referred to the earlier decision of the Commi.s.sion an d the. variations which had been mad� by the p anies to give e ffect 10 the decision as the panies saw it. His facsimile mdic;ited that the panics had a djusted the wage rate s for leadier s 10 reflect the additional half hour that was to be worke d from I January I998. Mr Molone y .<ought for there 10 be a hearing. or an urgent conference hclWe<!n the parties, to allow the matte r 10 he addres.sed in order that the panies would have cenainty as to the wage rates which would apply from I January 1998. L:pon receipt of that facsimile, I spoke lo Commissioner !'\utter t,y te lephone in Cant>erra on Wednesday evening and it wa.s agreed lx,.twccn us that I shou ld act of m y own mo11on to re<:onvene the hearing in order 1ha1 I might express the vie w.< th.;1 each of Commi.<sioner :S:uuer and I have ahout the mailer.< which were. rai.,ed in the facsimiks of 5 De<.:emher 1997 and of 16 l)ec e mhcr 1997. re spectively. The vie w which"'" each have i.s th at the partie.s. in giving effect 10 what they thought was our decision, have incorrectly adjusted the wage ra tes for tea chers. Our inlcn1100 - and we did nOI sugge st an )1hing I<) 1hc contrary- wa.< that teacher., would start 10 work a 38 hour week from I January 1998 with no adjustment lo th eir pay rate , no1with,1Mding that theft' wa� an increase in the. hour� chat they w�re working. Thal position b currently nor reflected in the gai.ctte., which have hcen issued. Acc()rdingly. th e purpose of today's hear ing is to merely inform the . parties that the Commissi<>n pwpo.<<!S 10 act a.< a maner of urgency 10 issu e new gaz..:n e variation., to corre ct the error whic h has be en pr eviously made by the panies in giving effect to our deC1$10n. This hearing is not 10 p rovide a forum for the parties 10 debate the issue because the Commis.sion '.s original decision did nm de<·ide 10 do what the parties have done. I would a.sk th e parties 10 confer, a., a mailer of urgen cy, 10 draft a correr.:ting variati,m t<l give proper efft,1 to the earlier decision of 1he Commi.ssion. The panies are 10 hai.« with my associa te in the preparntion of that gaa,lle and he will arrange for the corre�1tng variation t o he gnclled as a mailer of urgenc y . As I in dicated, the pu rpose o f 1h� hearing toda y i.< rnerdy to dar ify, for the panie.s. the original decision of the Cornm.i.<.<ion. Th� Commission may he adjourned.". Dated this nineteenth day of Decemt>er, 1997. 20 March, t 998 BY the Commission . 11:.s.J E. EWALD. [nctustrial Regi.strar. QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE Operative Date: NiA Report on Statement - Wag es rates - feacher s Rdea.< ed: 11 �•larch 1998 ######11################################################### 207 -- 1 of 1 --