Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers [1996] QIRC 860 (1997) 154 QGIG 50

I 50 QUEENSLAND GOVERl\TMENT INDUSTRIAL GAZETTE 10 January, l 997 QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 ,;, !44 -- application for variation s. 144 - application for rescission and new award Australian Liquor, Hospitality and Miscellaneous Workers Union, Queenslwid Branch, Union of Employees Qu.:ensland Chamber of Commerce and Industry Limited, industnai Orgruusation of Employers (No B2 l07 of !995) BISCUIT MAKERS' AW ARD - SOUTH-EASTER.1'! AND CENTRAL DIVISIONS COMMISSIONERS EDWARDS, HECHLY AND DEMPSEY 17 December 1996 Hours of Work - 38 Hour Week - Amended Application - New Award -- Consent - Cost Mimm1sation -Increase in Spread of Hour, - 38 Hour \Veek Approved - Rescission of Bi~cuit Makers' Award - South-Eastern 'Ul<l C~ntr:tl Divisions - Appro·,ed New Aw,u-d ''Biscuit Manufacturing Industry Award - Stme" As From 17 December 1996 DECISION The AuMr.Jian Liquor. Hosp11ali1y il!ld M15cdlane0us Worker; Limon, Queensland Branch, Union of Emp!oyeies (ALHMWUl by the above app!icntion S!'eks !he intr'.X:hictkn of a 38 !>our week for the Biscuit M:iken:' AWilfd - South «E;istem aml Central Divisions. The appiicauon was referred to me Chief lndu~trial t:ornmis,ioner for h~aring befvre a Full Benc!i. The Full Bench delegated the m:iner to Commis~iooer Edwlifd,. Hearing~ were hdd befvn, Cornmissioner Edwards on 30 April, 22 August, 7 October and 29 November 1996. A' the heilring nn 7 October 1996, ',1r Mmin on behalf of the ALBMWC amended the apphcatiun by \Ubminmg a new Award including a 38 hour week to be known as the ·'Biscuit Manufactunng Industry Award - S•~te" Mr Martin maintained that a 38 hnLtr week has been introduced tC' !h~ industry ~e;1erally, He also made reference to s, 150 of the Industrial Rt!u1i,ms Ac1 19(;0 in that the 38 hour week 1s con,1stent with ihe aim;, and objectives of the Ac1 In relation to the 38 hour week Mr Martin stated there wa~ sufficient tlexihility the new Award including the increase in the spread of hours from 6.00 am to 6,00 pm Monday to Friday. l:!oth 1he ALHMWIJ and the Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers (QCCI) concurred that the three key employers covered by the new Award are - Amott' s Biscwts Limited, Weston Baked Food, and Paradise Food Industries Pry Ltd. It was also agreed by both parties these three companies have been working a 38 hour week for a considerable time now and have undertaken exercises within their own industries to satisfy the cost minimisation requi remellls. Ba~ed upon the consent of the parties and the material placed before Commissioner Edwards, we are satisfied that !he C05! minimisation proposals relating IO the reduction in working hours to 38 per w.eek are appropriate. Commissioner Edwards will now give consideration to the application for r.hc new award, Mr Martin stated that the new Award is a State wide award whereas the exhting Award only hllS application in the South-Eastern and Central Divisions of the State. He also made reference to s. 45 of the Industrial Re/arums Art 1990 - rationalisation of industrial organisations ! 51 QG!G l 537-l 539 wherein the Chief Industrial Commissioner ordered:- ·· 1 That the Australian Liquor, Hospitality and Mi,cellaneous Workers Union, Queensland Branch, Union of Employees IALHMWU) shall have the right to the exclusion of The Australian Workers' Union of Employees, Queensland (The Australian Workers' Union of Employees, Queensland) to represent the industrial interests under the industrial Relations Au 1990 of the following persoM: (b) All persons employed in or in connection with baking, bread, pastry ood biscuits throughout Queen~land, excepting where this activity takes place in the Northern Division of Queensland in enterprises where the sole or principal activity of the enterprise is in an industry other 1han bakifig, bread, pastry and biscuits, The QCCI suppom !he submissmns of the ALHM W IJ. The Commission approves the rescission (]f the Biscuit Makers' Award - South-Eastern and Central Divi:;iom, and the makmg of a new Award to be known as the Hiscuit Manufaccuring industry Award - State including the 38 hour week with date of operation as from I7 December I 996, The Commission orders accordingly. KL EDWARDS, Commissioner. R.E. BECHL Y, Commissioner. H, DEMPSEY, Commis,ioner, Appearance_-r::--- Mr J. Manin 011 behalf of Australian Liquor. Hospitality and M1sce.llaneous Workers Union, Queensland Branch, Union of Employees. Ms K. O'Donnell of Queiln,laml Chamber of Commerce and Industry Limited. Industrial Organisation of Employers and with her Mr P Jaager on behalf of Amott' s Biscuits Lim,ited. Operative Date· 17 December 1996 Decision - 38 Hour Week, Rescission .rnd New Awa:d Released: 18 December 1996 22220_LDOC -- 1 of 1 --