Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others [1997] QIRC 78 (1997) 154 QGIG 951

21 March, 1997 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 951 ########################################################## QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 s. 144 - application for variation Australian Liquor. Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others (No. B2 l/6 of 1995) CLUBS ETC. EMPLOYEES' A WARD - SOUTH EAST QUEENSLAND CHIEF COMMISSIONER HALL, COMMISSIONERS BOU GOU RE AND NUTTER 11 March 1997 Application for 38 hour week Cost Minimisation Achieved - Employer Organisations Consent to Variation Application granted from 7 April 1997. DECISION The panics have been negotiating for some months in relation to the restructunng of this Award. The parties have reached agreement and have proouced a draft conr;ent Award before Commissioner Bougoure of this Commiss10n. The proposed new Award includes provision for a 38 hour week, which 1s consented to by the relevant employer organisations Commiss10ner Bougoure has referred the issue of a 38 hour week to this Full Bench for determination. This decision is in relation to the 38 hour week issue only. The record reveals that the issues relied upon to achieve cost minimisation are m, follows:-- 1. Phased reduction of casual loading from 50% to 25% Monday to Saturday and double time Sunday for existing employees and immediate reduction for new employees 2. Enlargement from 5 hours to 6 hours of the period before a meal break need be taken. 3. Reduction of the Saturday penalty rate from time and a-half to time and one-quarter and reduction of the Sunday penalty rate from double time to time and three-quarters. 4. Greater flexibility of hour~ of work for part-time and full-time employees. 5. Removal in certain circumstances of the I 0% loading payable to part-time employees. The employer organisations who were represented, namely the Royal Queensland Bowls Association, the Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and The Registered and Licensed Clubs Association of Queensland, Union of Employers have, through their representatives, acknowledged that in this particular case sufficient cost minimisation had been achieved to grant a 38 hour week. Each representative of such employer organisation has consented to the granting of a 38 hour week as a pait of the restructuring of this A ward. Upon the material hefore us, and in the absence of any submission to the contrary, we are satisfied that cost minimisation has been achieved in terms of the Wage Principles. We approve the granting of a 38 hour week for this Award from a date to be determined by Commissioner Bougoure. We order accordingly. D.R. HALL, Chief Commissioner. R.W. BOUGOURE, Commissioner. BJ. NUTTER, Commissioner. Appearances. - Ms S. Bellino for the Australian Liquor, Hospitality and Miscellaneous Workers Cnion. Queensland Branch. Union of Employees. Mr A.O. Grant for the Royal Queensland Bowls Association. Mr S. Pawlowski for the Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers. Ms P. Wilson for The Registered and Licensed Clubs Associat10n ot Queensland, Union of Employers. Operative Date: 7 April 1997 Decision 38 Hour Week Released· 11 March 1997 22664 I.DOC -- 1 of 1 --