MEMORANDUM OF UNDERSTANDING

Transcription

1 MEMORANDUM OF UNDERSTANDING Between The Australian Hotels Association (SA) And The Australian Liquor, Hospitality and Miscellaneous Workers Union (SA) 1. Preamble The Australian Hotels Association (SA) ( the AHA ) and the Australian Liquor, Hospitality and Miscellaneous Workers Union (SA) ( the LHMU ) have enjoyed a long industrial relationship representing workers and employers in the hotels industry in South Australia. That relationship has seen the industry grow and thrive to become one of the largest employers of South Australians and a source of much of their entertainment. The parties to this Memorandum ( MOU ) are committed to continuing to build upon our historical relationship in a way which is of benefit to the industry, its employees and patrons. The aims of this MOU are: (a) to commit the parties to mutual support on issues which impact on the viability and dynamism of the industry and its jobs; (b) to recognise the health and safety of hotel workers as a paramount concern of the industry;

2 (c) to commit the parties to the protection of the hotels industry as an economically sustainable industry which continues to provide jobs growth for South Australia. (d) to provide recognition of the role which each is able to play in promoting the industry; (e) to provide recognition of the role which the AHA(SA) and the LHMU play in representing the interests of hotel industry employers and employees respectively, both within the industry and in the broader community; (f) to improve and streamline mechanisms for the early resolution of issues arising between members of the parties; (g) to provide for a peak-level forum within which the parties are able to maintain dialogue about industry matters. 2. The Hotel Industry Forum: The parties agree to establish the Hotel Industry Forum ( the HIF ). This Forum is intended to provide a regular, informal environment for the parties to discuss issues of industry-wide relevance. The Forum will include up to five representatives nominated by each party and will be chaired on a six month rotating basis. The Forum will meet at least quarterly and, otherwise, as often as its members think appropriate. The agenda of such meetings shall be agreed between the Chair and a nominated member of the other party. Such meetings are intended, however, to operate informally and to take decisions only on the basis of consensus. 3. Promotion of the Industry (a) The parties recognise that an industry as large and dynamic as the hotel industry attracts a great deal of interest and attention from Governments and other community or interest groups. (b) In the recent past, some such issues have gone to the very heart of the current operations of the industry, including issues such as the regulation of gaming and smoking within hotels.

3 (c) The LHMU is committed to providing the AHA with all possible support in dealing with those issues provided only that a particular issue is not shown to be contrary to the interests of the LHMU or its members in the industry. Such support can be both in the form of joint representations by the parties and by the LHMU seeking to exercise influence alone in forums of which it is separately a member. (d) It is intended by the parties that issues coming within the scope of this clause will primarily be dealt with by the parties within the Hotel Industry Forum or, if agreed, by the senior officers of each party. 4. Streamlining Members Grievances; (a) This provision is intended to provide a process whereby the parties are able to assist their respective members in resolving disputes or grievances between them in a manner which is timely, effective and uncomplicated. (b) This provision is not intended to apply to disputes or grievances where time is of the essence (eg, dismissals) or to workers compensation disputes. (c) The parties recognise that their members have legal rights to pursue grievances outside this process. This provision is not intended to derogate from those rights, but both parties will seek to encourage their respective members to utilise this process. (d) The process agreed between the parties is as follows: a. Where a member of one of the parties has a work related grievance, they will attempt to resolve it at a local level between the worker(s) and a relevant manager/supervisor. The worker(s) is entitled to representation by a union delegate or official at this stage. b. If the grievance is not resolved at stage (a) either party is entitled to have the grievance referred to the AHA/LHMU Grievance Panel. Such a reference can only occur by consent of all members concerned, but both parties undertake to encourage their members not to refuse such a reference unreasonably. c. The AHA/LHMU Grievance Panel comprises two (2) nominees from each party: i. The Panel will meet fortnightly/monthly to deal with all matters referred to it.

4 ii. The Panel can be convened ad hoc by agreement of its members to deal with an urgent grievance(s). iii. The aim of the Panel is to provide an informal, balanced forum within which all avenues for resolving a grievance by negotiation can be explored. iv. The Panel is a negotiating forum which operates informally and by consensus. d. Should a grievance not be resolved through this process, the dispute settlement procedure applies; in particular, rights to refer matters to the Industrial Commission or Court, or to other relevant Tribunals are preserved. 5. Training Issues: (a) The parties commit to continued and active participation in and support of the Hospitality Group Training scheme. (b) The parties recognise industry training as a critical element of the continuing expansion of a high quality hotel industry. The parties commit to exploring further opportunities in this area through the HIF and on training bodies where the parties are represented. (c) The parties acknowledge the benefits of training to the industry and will actively support the provision of relevant and appropriate training delivered by recognised and accredited training providers. The parties will however, recognise the training conducted by their respective organisations. An individual party may declare their support to a particular training provider without that support being binding on the other agreement party. 6. Superannuation Matters: (a) The parties remain committed to the national industry superannuation fund, HOST-PLUS. (b) The parties agree to devote part of the agenda of each HIF meeting to a discussion of the operations of HOST-PLUS. The SA Co-ordinator of the Fund will be invited to address the Forum on such occasions.

5 7. Membership Commitments: (a) The parties agree that high levels of membership of each party is a critical element of implementing this MOU and of advancing the interests of the industry and its employees generally. (b) Members of the AHA will, upon an employee s commencement, provide the employee with an application form to join the union and an authority for direct bank debit or payroll deduction of union fees along with an introductory pamphlet supplied by the LHMU. (c) Members of the AHA will, upon the signing of this MOU, provide their existing employees with an application form to join the union and an authority for direct bank debit or payroll deduction of union fees along with an introductory pamphlet supplied by the LHMU. (d) The parties agree that the implementation of this clause will be monitored on a quarterly basis by the General Manager of the AHA and the State Secretary of the LHMU or their nominees. The HIF will consider a report on such implementation at each of its meetings. 8. Industrial Relations and Award Matters: (a) The parties recognise that a successful implementation of this MOU depends upon open and timely communication at a peak, industry level, but also between parties at a local level (b) The parties agree that they will discuss within the HIF ways of promoting meaningful and effective communication between parties at a local level. Those discussions will include: (i) (ii) (iii) the right of the LHMU to credential delegates at hotels in accordance with relevant provisions of the Hotels and Clubs Etc Award. The provision of certain rights to those delegates in order for them to be able to perform their role effectively. The recognition in any event of the mutual benefits of there being a person recognised as the LHMU contact at each hotel for the purposes of disseminating information. (c) The parties recognise that, from time to time, a party will seek to raise substantial matters in connection with employee conditions of employment,

6 especially those contained within the Award. The parties agree that those matters should be the subject of discussion within the HIF and undertake to approach such discussions in a spirit of good faith. SIGNING CLAUSES LHMU Secretary LHMU President AHA General Manager AHA President Mb:AHA-MOU1.DOC