C3033/698, Transcript of Proceedings [2001] AIRCTrans 1118 (6 June 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

C No 30336 of 1998
C No 00649 of 1998

APPLICATION PURSUANT TO SECTION 33 OF
THE ACT RE ACTION ON THE COMMISSION'S
OWN MOTION RE MOBILE CRANE HIRING AWARD
1996 - BUILDING, METAL AND CIVIL
CONSTRUCTION INDUSTRIES RE CONDITIONS
OF EMPLOYMENT - AWARD SIMPLIFICATION

APPLICATION FOR A REVIEW PURSUANT TO
ITEM 51 SCHEDULE 5 TRANSITIONAL WROLA
ACT 1996 OF THE MOBILE CRANE HIRING
AWARD 1996 - BUILDING, METAL AND CIVIL
CONSTRUCTION INDUSTRIES RE CONDITIONS
OF EMPLOYMENT - AWARD SIMPLIFICATION

SYDNEY

11.08 AM, MONDAY, 21 MAY 2001

Continued from 28.3.01

Hearing continuing

PN17

THE SENIOR DEPUTY PRESIDENT: Any change in appearances in the matter please?

PN18

MR G. THOMAS: I appear for the Masters Builders Association of New South Wales, all other federally registered MBAs and Employers First of New South Wales in these proceedings.

PN19

MR S. SHERMAN: Your Honour, if it pleases, I am from the Australian Industry Group. Also appearing on behalf of Brambles Australia and the Crane Industry Council of Australia.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Maxwell, what's the position at the moment?

PN21

MR MAXWELL: Thank you, your Honour, since the last mention of these matters on 28 March unfortunately not a great deal has occurred and we should apologise to the Commission for that. However, a meeting did take place last Friday between the parties to discuss how we could program this matter with looking to a speedy outcome. During those discussions, I should point out that I did raise with the other parties that at the moment I'm also dealing with two Northern Territory awards in terms of simplification before Commissioner Eames and they're set down for 7 June in Darwin to finally determine what matters need arbitration and so those two awards are taking some of my time at the moment.

PN22

In terms of the Mobile Crane Hire Award and this also applies in regard to some of the other matters before you today. In terms of the Mobile Crane Hiring Award, the parties subject to the position of the Commission, next agreement on meeting on 10 July and then again on 24 July to seek to reach an agreed position in those matters and to any amount that needs arbitrating and then we're suggesting that we possibly have a report back some time in the week beginning 30 July. I should point out that prior to 10 July we are seeking to deal with Roof Slaters and Tilers Award so that's why I suppose of the long lead-in.

PN23

I should also point out that some of the parties have received the draft that was prepared by the ..... of the Commission and whilst we don't seek to be critical of the work that they've done, one of the problems that we do have is that where they just deleted matters at the end of the day it means you have to then reread the whole award side by side to find out exactly has been deleted and that tends to take some period of time whereas the parties are preferable to having a redraft of the award with the bits to be deleted struck through and the bits that are added underlined so it's easier for the parties to follow.

PN24

The union has indicated to the parties that we will prepare a revised draft the week before the meeting on 10 July so the parties do have a time to discuss the draft internally. That's why we're seeking to have the two meetings on 10 July and 24 July the position should be outlined to the various parties for the report back on 30 July and whether any arbitration is needed or not. We're also mindful that should we deal with the Roof Slaters and Tilers Award first that there are any matters arbitrated in that award then that would help determine the position of the parties in regard to the other two awards - this award and another award that's before you today.

PN25

So, your Honour, at this stage that's the position of the parties. I again apologise to the Commission for what some may see as the tardiness of the parties however given the safety net review decision coming down and the applications to vary the awards for those increases that appears to be taking priority of the parties at this stage. If the Commission pleases.

PN26

THE SENIOR DEPUTY PRESIDENT: Mr Sherman, do you want to make a comment?

PN27

MR SHERMAN: Your Honour, only to say that we concur with the program put forward by Mr Maxwell.

PN28

THE SENIOR DEPUTY PRESIDENT: Mr Thomas:

PN29

MR THOMAS: Indeed, your Honour, we too agree with the proposal put by Mr Maxwell.

PN30

THE SENIOR DEPUTY PRESIDENT: I'll just go off the record for the moment.

OFF THE RECORD

PN31

THE SENIOR DEPUTY PRESIDENT: This matter will now be adjourned until 10.30 am in Sydney on 1 August of this year for report and quite possibly there may need to be some programming done at that stage of hearings should the parties need any arbitration to be done in respect of the matter.

ADJOURNED UNTIL 1 AUGUST 2001 [11.15am]