C2001/2131, Transcript of Proceedings [2001] AIRCTrans 1154 (18 June 2001)

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TRANSCRIPT OF PROCEEDINGS


O\N 7586

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

C2001/2131

NATIONAL FAST FOOD RETAIL AWARD 2000

Application by Shop, Distributive and Allied
Employees Association to vary re safety net review
wages May 2001

MELBOURNE

10.20 AM, WEDNESDAY, 23 MAY 2001

PN1

THE SENIOR DEPUTY PRESIDENT: Good morning, could I have the appearances in the matter, please?

PN2

MR A. BURKE: If the Commission pleases, I appear on behalf on behalf on the Shop Distributive and Allied Employees Association.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Burke. There does not appear to be any other appearance in the matter. You go ahead.

PN4

MR BURKE: Thank you, Senior Deputy President. In relation to this award, an application has been made to vary it in relation to the Safety Net Review Wages May 2001 in the decision PR002001. As I understand it, respondents have been notified by mail of today's hearing. That has been sent out by our national office. In relation to the matter, I have with me a Draft Order that we would seek agreement from in relation to the figures. And it does contain some allowances that need to be increased which are based in New South Wales and we do need to confirm that those are correct with New South Wales employers. The Draft Order is in accordance with the decision and I can provide a copy of that to you.

PN5

THE SENIOR DEPUTY PRESIDENT: I will mark the Draft Order as SDA1.

EXHIBIT #SDA1 DRAFT ORDER

PN6

THE SENIOR DEPUTY PRESIDENT: What do you propose to do in relation to those allowances?

PN7

MR BURKE: As I understand it, they are increased in accordance with the relevant principles.

PN8

THE SENIOR DEPUTY PRESIDENT: Would you suggest that there may have to be some confirmation from your - - -

PN9

MR BURKE: As I understand it, from Mr Ryan who is not able to be here today. He needed - he wanted to confirm those rates with, I think, the ARA in New South Wales. They relate back to the rates that are paid in the retail industry in New South Wales. I do not believe that the New South Wales Retail Award has been varied at this stage, so, it is a case of checking that when that does occur that they match those. I think that is the position.

PN10

THE SENIOR DEPUTY PRESIDENT: And what, were you intending to confirm that to me at some stage?

PN11

MR BURKE: We can do that, yes, Senior Deputy President.

PN12

THE SENIOR DEPUTY PRESIDENT: But I should not make this order until I receive that confirmation.

PN13

MR BURKE: Yes, Senior Deputy President.

PN14

THE SENIOR DEPUTY PRESIDENT: And I take it item 5 there is the variation to the normal clause?

PN15

MR BURKE: Under which we claim it is.

PN16

THE SENIOR DEPUTY PRESIDENT: Yes. Well, subject to the Commission checking the figures in the order itself and confirmation being received from the SDA in writing that the figures contained in item 4 of the Draft Order are correct, the order in the terms of the Draft Order which is now SDA will be made. If there is any concern in relation to what is contained in the draft, I will contact the union - - -

PN17

MR BURKE: Yes.

PN18

THE SENIOR DEPUTY PRESIDENT: - - - to clarify those matters.

PN19

MR BURKE: Thank you.

PN20

THE SENIOR DEPUTY PRESIDENT: The matter is adjourned on that basis.

PN21

MR BURKE: If the Commission pleases.

PN22

THE SENIOR DEPUTY PRESIDENT: The Commission itself is adjourned till 10.30.

ADJOURNED INDEFINITELY [10.25am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #SDA1 DRAFT ORDER PN6