Broken Hill Legion Club Ltd
[2010] FWA 2327
•22 MARCH 2010
[2010] FWA 2327 |
|
DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 10 - Application to vary transitional instrument to remove ambiguity
Broken Hill Legion Club Ltd
(AG2010/6659)
Licensed and registered clubs industry | |
COMMISSIONER MCKENNA | SYDNEY, 22 MARCH 2010 |
Variation to Broken Hill Legion Club Ltd Employee Collective Agreement (095890807).
[1] Broken Hill Legion Club Ltd (“the applicant”) has made an application, pursuant to Sch.3, item 10, para 1(b) of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, seeking to vary the Broken Hill Legion Club Ltd Employee Collective Agreement (agreement no 095890807) (“the Agreement”).
[2] The grounds in support of the application are as follows:
(1) The employer seeks to employ an apprentice Cook.
(2) At the time of the making of the Collective Agreement the employer did not have any apprentices.
(3) The Collective Agreement does not contain a payment scale for apprentices.
(4) The Collective Agreement is based on all inclusive rates which are in excess of the [Registered and Licensed Clubs Modern Award 2010].
(5) The apprentice rate will be a percentage of the Cook level 2 rate in the Collective Agreement i.e. $20.00 and will be [better off overall] in comparison to the Modern Award.
[3] The variation proposed is the insertion in Schedule 1 of the Agreement of the following percentage scale for apprentices from the Registered and Licensed Clubs Modern Award 2010:
“Apprentice
An employee apprenticed in the cooking or maintenance and horticulture trades will be paid the percentage of the all inclusive rate, as follows:
Year %
First 55
Second 65
Third 80
Fourth 95”
[4] Mr P Edwards, agent, noted in his submissions that apprenticeships are now comparatively uncommon “west of Dubbo”, and that the applicant considered it desirable, in the interests of industrial conformity, that the pay and conditions for all its employees should be determined under the same instrument. The Agreement in its current form, with an all-inclusive rate, has previously been found to have passed the no-disadvantage test. Accepting that is the case, and given the application seeks to do no more than apply the percentage scales that otherwise apply to apprentices under cl.17.4 of the Registered and Licensed Clubs Modern Award 2010, it seems appropriate to give effect from today to the application in the terms proposed.
COMMISSIONER
Appearances:
P. Edwards and S. Edgecombe for the Broken Hill Legion Club Ltd.
Hearing details:
2010
Sydney
March 22.
Printed by authority of the Commonwealth Government Printer
<Price code A, AC320966 PR995339 >
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