ALHMWU AND GEMA CATERING VENDORS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian Liquor,
Hospitality and Miscellaneous Workers Union New South Wales Branch, industrial
organisations of employers.
(No. IRC 2486 of 2001)
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Before the Honourable Justice Marks
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8 May 2001
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AWARD
1. Title
This Award shall be known as ALHMWU and Gema Catering
Vendors (State) Award.
2. Arrangement
Clause No. Subject Matter
1. TITLE
2. ARRANGEMENTS
3. DEFINITIONS
4. REMUNERATION
5. POSTPONEMENT
6. AREA,
INCIDENCE AND DURATION
3. Definitions
A. "Employer"
shall mean Gema Professional Caterers Pty Limited, ACN 001 272 000;
B. "Union"
shall mean the Liquor and Hospitality Division of the Australian Liquor, Hospitality
and Miscellaneous Workers Union, New South Wales Branch ("the
Union");
C. ranch
("the Union);
D. "Vendor"
shall mean an employee who carries a tray of goods such as confectionary items,
drinks or snacks and who moves around the venue selling these goods to
clients. Employees who sell from
stationary outlets are not to be regarded as vendors for the purposes of this
Award and shall be paid in accordance with the appropriate rate as prescribed
by the Caterers’, &c., Employees (State) Award.
4. Remuneration
A. Vendors shall
be remunerated in accordance with all aspects of the Caterers’, & c.,
Employees (State) Award unless they have agreed in writing to be remunerated as
follows:
1. No vendor
will be required to work more than three hours in any one shift unless the
vendor agrees to extend work beyond the minimum three hours. The extension will be agreed in writing
between the parties and the vendor shall advise the employer of the extension
with the maximum possible notice.
2. All vendors
will receive a minimum of $30.00 for the minimum engagement of three hours.
3. All vendors
will receive 10 per centum of all gross sales or the minimum payment referred
to in Clause 4.1.2 whichever is the greater.
4.2 For the
purposes of the superannuation contribution made by the employer, all
remuneration (including remuneration paid in accordance with Clause 4.1.3)
received by the vendor shall be regarded as "ordinary time earnings".
5. Postponement
5.1 Where a vendor
is engaged to attend and attends a function which is postponed or cancelled
prior to the vendors nominated starting time, the vendor shall be paid the
minimum as prescribed by Clause 4.1.2.
6. Area,
Incidence and Duration
6.1 This Award
shall be read in conjunction with the Caterers’ & c., Employees (State)
Award.
6.2 This award
applies to all employees who perform work described in the Clause 3.3 of this
award employed by the employer, whether catering by contract, by charge for
admission, or otherwise, carrying on the business within the State, excluding
the County of Yancowinna, within the jurisdiction of the Restaurant, &c.,
Employees (State) Industrial Committee.
6.3 It shall take
effect from 5 April 2001 and remain in force for a period of one year.
F. MARKS J.
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Printed by the authority of the Industrial Registrar.