2009aircfb640 [2009] AIRCFB 640 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION 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 Award Modernisation (AM2008/4, AM2009/10) JUSTICE GIUDICE, PRESIDENT VICE PRESIDENT LAWLER VICE PRESIDENT WATSON SENIOR DEPUTY PRESIDENT WATSON SENIOR DEPUTY PRESIDENT HARRISON SENIOR DEPUTY PRESIDENT ACTON COMMISSIONER SMITH MELBOURNE, 26 JUNE 2009 PROPOSED RESTAURANT AND CATERING INDUSTRY AWARD [1] On 5�June 2009 we issued a statement concerning the variation to the award modernisation request made by the Minister for Employment and Workplace Relations (the Minister) on 28�May 2009 and the proposed restaurant and catering industry award. 1 [2] The matter was listed for mention and directions on 22�June 2009. We have considered the proposals which were advanced at the mention and reached some conclusions. [3] We shall deal with the proposed new award in Stage 4 of award modernisation. Given the history and nature of the matter, however, some modifications to the process may be necessary. In the first instance we require that interested parties lodge written submissions, drafts and all proposals concerning the scope, content and transitional arrangements for the proposed award and any consequential alterations to the Hospitality Industry (General) Award 2010 2 by 24�July 2009. We shall give consideration to the steps necessary to determine the issues once we have had an opportunity to consider what has been filed. These steps might include an exposure draft and further consultations. [4] At the mention on 22�June 2009 a number of parties foreshadowed arguments concerning the scope of the proposed award and its terms. Given the circumstances which have led to our consideration of the proposed award, we would be assisted by any indications on behalf of the Minister of the scope and terms of the proposed award, including terms relating to hours of work, penalty rates and overtime. [5] The Australian Industrial Registry has prepared revised schedules of wages and conditions relevant to this matter which are available on the award modernisation research folder on the Commission homepage: www.airc.gov.au . BY THE COMMISSION: PRESIDENT 1 [2009] AIRCFB 555 . 2 MA000009 . Printed by authority of the Commonwealth Government Printer <Price code A, PR162009>