100318029

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION, WESTERN AUSTRALIAN BRANCH

APPLICANT

 -v-

 BURSWOOD RESORT (MANAGEMENT) LTD

RESPONDENT

CORAM COMMISSIONER J L HARRISON

DATE OF ORDER  MONDAY, 4 AUGUST 2003

FILE NO/S C 101 OF 2003

CITATION NO. 2003 WAIRC 08920

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Result Order issued

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Order

WHEREAS on 26 May 2003 the applicant applied to the Commission for a conference pursuant to Section 44 of the Industrial Relations Act 1979 (“the Act”); and

WHEREAS on 10 June 2003 the Commission convened a conference for the purpose of conciliating between the parties in relation to Mr  Kieran Neal, a member of the applicant union, and the parties undertook to negotiate about the issues; and

WHEREAS a report back conference was held on 16 July 2003 and the Commission was advised that the issues in dispute remained unresolved and the parties undertook to hold further discussions; and

WHEREAS a report back conference was held on 31 July 2003 and the Commission was informed that the applicant and the respondent remained in dispute in relation to the terms and conditions of employment being offered to Mr Neal and back pay owing to Mr Neal, and at the conference Mr Neal was advised that if he did not accept the respondent’s offer of alternative employment that he would be terminated; and

WHEREAS a further conference was convened for 1 August 2003 to hear from the parties in relation to whether or not the issues in dispute should be set down for hearing and determination and having heard from the parties the Commission formed the view that in the circumstances the issues in dispute should be set down for hearing and determination and that Mr Neal should be redeployed to the position of Electronic Gaming Assistant;

NOW THEREFORE, the Commission, pursuant to the powers conferred on it under the Act, and in particular s.44(6)(ba)(ii), hereby orders:

1. THAT Burswood Resort (Management) Ltd redeploy Mr Kieran Neal forthwith to the full-time position of Electronic Gaming Assistant under the terms and conditions as detailed in correspondence from Ms Kathleen Drimatis to the applicant dated 23 June 2003. 

2. THAT Mr Neal shall remain employed in this position under these terms and conditions whilst the Commission hears and determines the following:

a) Whether or not Mr Neal is owed wages for the hours that he has been fit to work but has not been offered work by the respondent.

b) The terms and conditions of employment that should apply to the work that Mr Neal is undertaking in his role as an Electronic Gaming Assistant.

COMMISSIONER J L HARRISON