Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Brisbane Market Trust [1995] QIRC 356 (1995) 150 QGIG 64

64 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ I September, 1995 ####################################################### QUEENSLAND INDUSTRIAL RELAT IONS COMMISSION Jnduslrial Re/a/ions Ac/ 1990 s. 147 - application for varia ti on Australian Liquor, Hospi ta lity and Miscellaneous Workers Union. Queensland Branch. Union of Emp loyees AND Brisbane Market Trust (No 81550 of I 994) BRISBA NE MARKET TR UST - MARKET OFF ICERS .INDU STRI AL AGREEMENT CHIEF INDUSTRIAL COMMISSIONER HALL COMM ISSIONERS BECIILY. BLOOMFIELD 15 August 1995 Hours of Work - 38 I lour Week - Reduced Working Hours - Cost Offsets - Method of Implementation - Application Granted with exception of Allowance. DECISION This is an application by the Australian Liquor. Hospita lity and Miscellaneous Workers Union, Queensland Branch, Union of Employees (ALHMWU) for a variation of the Brisbane Market Trust - Market Officers - Industrial Agreement to reduce ord inary working hours from the 40 presently prescribed to 38 per week. The matter was lirst heard on 9 March 1995 by way of a preliminary hearing when the parties were directed to confer with a view to dctennining whether a negotiated arrangement could be en tered into. Hearings on the matter continued in April, June and July 19 95 and on 18 July the panies advised the Commission that an agreement had been reached as to the offsets suitable for the introduction of reduced hours and the method by which such new s tandard sho uld be implemented. In detennining the method of implementation of reduced hours the employer, the Brisbane Market Trust tum ed to the Brisbane Market Award, a new Award arising from a decision ofa Full Bench (Commissioners Ledlie, fisher and Swan 137 QGIG 49 1) and in pan icular to Pan 4 - Hours of Work, Ovenime of that Award. Although that Award is not cons idered as a "Parent Award ", as far as this Industrial Agreement is concerned, it applies to employers of fruit and vegetable agents working at the Markets controlled by the Trust. Part 4 of th at Award provides for Yarious methods of working ordinary hours which suit the requirements of different work areas at the markets. One of the arrangements provides for a loading of 5% for some staff by way of recompense for working a 40 hour week. 16223_1.00C I September, 19951 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE The employer proposed that this option is one which should be made available under the terms of this Industrial Agreement as one of the agreed methods of working a 38 hour week. The ALHMWU haYe acknowledged the allowance but left the matter for the Commission to decide. The ALHMWU sought to ha Ye this allowance, if approved, to be paid by way of contribution to a superannuation fund where agreement cou ld be reached hctween the employer and any employee. The employer indicated however that. unless all employees so agreed, administrative and software constraints would prevent the implementation of the proposal. This being the case we do not intend to insert this as an Award requirement but understand that should all employees so agree then the facility will be made available to them. The package of negotiated cos t offsets would appear to be adequate to meet the Commission's requirements for a reduction in working hours from 40 to 38. With the exception of the allowance re ferred to herein the methods of implementation of a 38 hour week confonn wi th standard requirements of the Commission. With regard to the proposed allowance it wou ld seem that the peculiar work environment existing at the si te is such as to have previous ly gained approval from a Full Bench of this Commission as a method of implementation of reduced hours for other emp loyees. There appears to be similarity in the nature of the hours of employees covered by this Agreement. In the light of the contiguous nature of the employment the app lication is approved. The va riation to implement this decis ion will have effect as from 4 September 1995. The parties are to provide the necessary draft variation for consideration by the Commission. D.R . HALL, Chieflndustrial Commissioner. R.E . IlECHLY, Commissioner. A.L. BLOOMFIELD. Commissione r. Appearances :- Mr J. Martin for the Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees. Mr J. Patti and Mr R. Tredenick for the Brisbane Market Trust. OperatiYe Date: 4 September 1995 Decision - 38 Hour Week Released: 15 August 1995 ####################################################### 155224-5 65 l 6223_ l. DOC -- 1 of 1 --