Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Wormald Security Australia Pty Ltd [1994] QIRC 547 (1994) 147 QGIG 921

920 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [28 October, 1994 28 October, l 994] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 921 ################################### #################### Q UEEN SLAND IND USTRIAL RELATIONS COMMISSION lndus1rial Rela1ions ,1ct 1990 s. 147 - appl ication to rescind an Industrial Agreement s. 144- app li cation for new Award Au stralian Liquor. Hosp itality and Miscellaneous Workers Un ion. Queensland Branch, Union of Emp loyees AND Wormald Security Australia Pty l.. td (t-;o B 827 of /994) BORALLO "I PRI VATE CORRE CTIO NAL FACILITY EMPLOYEES INDUS TRI AL AGREEM EN T COMMISS IONER F ISHER 6 October I 994 Rescission of Industr ia l Agreement - New Award - Consent Matter - Co mmi ssion reservations - App li cation Gran ted . REPORT ON DECISION (AS EDITED) In givi ng her decisi on from the Bench, Commissioner Fisher said the l'o ll owing :- .. 1 have h ad the opportunity to examine the amended app lication and also to give some fu rt her consideration to th e submissions that have been made by the parties, both today and the last timt: the matter was before th e Commission. The application seeks to rescind the l:lorallon Private Correctional Facility Emp loyees Industrial Agreement and. in its place, Lo make an award for the Borallon Pr iv a tt! Correctional r-acility. The proposed Award reflects 1he same terms and conditions of employment as provided by the Agreement with the exception of the application clause and some minor "tidying up .. of existing wording. The applicat ion has its genesis in the renewal of the management contract of th e facility. It is the belief of the union and Wormald Security, as the current supplier of labour, that an award would en sure potential tendercrs tender on the basis of a level playing field. at least as far as labour costs are concerned. 111c un ion believes that the app lication. if gran te d, will maintain stable industrial relations which have been a feature of Borallon since i ts establishment. The matter is one of consent be t ween t he union and the current employer. The Queensland Co rrective Services Comm ission. although being served with t he application, has no t sought to appear in these proceedings. The Commission has been made aware, through correspondence tendered as Exhibi t I , that th e Co rrective Services Comm ission is aware of the application but have expressed no interest in it. In the circumstances, and with so me reservation. t he Com mis si on is prepared to grant the amended application. Some reservations over the desirability of making an award binding un known prospective employers to an enterprise award were expressed previous ly by the Commission but. in a ll of the relevant circumstances, I am prepared to grant the amended application. The industrial agreement will be rescinded as of today, 6 October 1994. and the new award. as made by the Commissio n. reflecting the amended application presented thi s morning. wi ll also operate from today' s date, 6 October 1994. The Commission orders accordingly. ". Datt:<l this six th day ofOctohcr. 1994 . By t he Commission [LS .] R.H . BL UMSO M, As sistant Industr ia l Registrar. A1,mearances: Mr J. Martin fo r the Australian Liquor. Hospitality a11d Miscellaneous Workers Union. Queensland l:lranch, Union of E mployees. Mr G. Muir and J\fr L French of t he Queensland Confederation of Industry Limited. Union of Employe rs on behalf of Wonnald Sec uri ty Austral ia Ply Ltd and with them Mrs B. Kuhl. Operative Da te: 6 Oc to ber 1994 Decision - New Award - Borallon Private Correctional Facility Released: 17 Octo be r 1994 -- 1 of 1 --