[2009] AIRCFB 934 |
|
STATEMENT |
Workplace Relations Act 1996
s.576E—Procedure for carrying out award modernisation process
Request from the Minister for Employment and Workplace Relations—28 March 2008
JUSTICE GIUDICE, PRESIDENT |
MELBOURNE, 25 NOVEMBER 2009 |
AWARD MODERNISATION
[1] This statement concerns transitional provisions for the Hospitality Industry (General) Award 2010 1 (HIA). In our decision concerning transitional provisions to be included in the priority and Stage 2 modern awards, we deferred consideration of the HIA:
“[71] We deal first with the Hospitality Industry (General) Award 2010 (modern Hospitality Award). On 28 May 2009, the Minister varied the consolidated request so as to provide for a separate restaurant and catering industry award. On 26 June 2009 we published a statement including a program of further proceedings in relation to the proposed restaurant and catering industry award. In light of these developments it would be premature to finalise transitional provisions for the modern Hospitality Award. We will give further consideration to transitional provisions for that award and any other modern award or awards which might be made as a result of the proceedings at an appropriate time. We should indicate, however, that the model transitional provisions established by this decision will be the starting point.” 2
[2] We now set down a program for submissions in relation to transitional provisions for the HIA.
[3] The program is as follows:
(a) primary submissions must be filed by 9 December 2009; and
(b) any reply submissions must be filed by 15 December 2009.
[4] Submissions will be posted to the AIRC award modernisation website in accordance with the practice adopted to date.
[5] We note that three variation applications have been made concerning transitional provisions for the HIA. There are two applications in the same terms by the Australian Hotels Association (AHA) (SA) and the Australian Municipal, Administrative, Clerical and Services Union; and the AHA (SA) and the Liquor, Hospitality and Miscellaneous Union (SA branch) for special transitional provisions to apply in South Australia – AM2009/49 and AM2009/80. There is also an application by AHA (WA) for special transitional provisions to apply in Western Australia – AM2009/84.
[6] Those variation applications will be dealt with in accordance with the program previously published for them.
[7] When all of the submissions have been received we shall consider whether to deal with all of the matters together or separately.
BY THE COMMISSION:
PRESIDENT
1 MA000009.
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