C2001/2346, Transcript of Proceedings [2001] AIRCTrans 1248 (21 June 2001)

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TRANSCRIPT OF PROCEEDINGS


AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER JONES

C2001/2346
C2001/2341

SECURITY EMPLOYEES (ACT) AWARD 1998

PARKING STATIONS ETC.
EMPLOYEES (ACT) AWARD 1983

Application by Australian Liquor, Hospitality
and Miscellaneous Workers Union to vary
re Safety Net Review - Wages May 2001

CANBERRA

12.05 PM, WEDNESDAY, 31 MAY 2001

PN1

THE COMMISSIONER: May I have appearances please?

PN2

MR G. ANDERSON: If the Commission pleases, I appear on behalf of the Australian Liquor, Hospitality and Miscellaneous Workers Union.

PN3

THE COMMISSIONER: Thank you, Mr Anderson.

PN4

MR M. LONG: If the Commission pleases, I appear on behalf of the Confederation of ACT Industry.

PN5

THE COMMISSIONER: Thank you, Mr Long. Mr Anderson.

PN6

MR ANDERSON: Thanks, Commissioner. Commissioner, the applications before you are in respect of the Security Employees (ACT) Award 1998, and the purpose of the application is to vary that award to reflect the Safety Net Review Wages decision of May this year, print PR002001. Commissioner, I have here a draft order, I will hand that up.

PN7

THE COMMISSIONER: Thank you.

PN8

MR ANDERSON: The draft order, Commissioner, varies the wage rates which appear in the award at schedule A. It is simply a matter of adding the $13 to the weekly rates - to the existing weekly rates. At subclause (b) in schedule A there is a subclause which has the appropriate wording as regards absorption. And then at point 2 and 3 - well, sorry, from point 2 through to point 9 of the draft order we are seeking to vary the various allowances, Commissioner.

PN9

Allowance variations at paras 2, 3 and 4 are related to work related allowances and attached to your draft order is the calculation which has been done as per the Glassmakers' decision. Also we seek to vary the reimbursement allowances. Now, Commissioner, these - for the most part, these go back to March 1996, since they were last varied and we use the appropriate ABS subgroup indices to do that, and again there is an attachment showing our calculations.

PN10

Commissioner, there is one allowance which we have not varied and that is the allowance at subclause 5.5.7 of the award, and that is the Space Tracking Stations allowance. Commissioner, this allowance is a bit different from the other expense or reimbursement related allowances in that the award provides that the rate of the Tidbinbilla Space Tracking Station allowance at all times shall accord with those in the Space Tracking Industry Award. Commissioner, that allowance will be the subject of the - of another application and we do not seek to vary it today because we will be seeking in that application, some retrospectivity, so we would not be seeking to vary that allowance today.

PN11

As regards these allowances that we are seeking to vary today, Commissioner, along with the wage increase as per the Safety Net Review decision, we would seek that these come into effect from the first pay period commencing on or after 7 June this year, if the Commission pleases.

PN12

THE COMMISSIONER: Okay, thank you. Mr Long.

PN13

MR LONG: Thank you, Commissioner. Yes, we consent to the application as sought, Commissioner. We have checked the rates and also the allowances and we have the calculations do in fact correspond to the principles set down by the Commission. As for date of effect, we also concur that it be effective from the first pay period on or after 7 June 2001. If the Commission pleases.

PN14

THE COMMISSIONER: Okay. Thank you, Mr Long. I will vary it then by an order the Security Employees (ACT) Award 1998 to reflect the changes as agreed to in the draft order. They will come into effect from the first pay period to commence on or after 7 June 2001 running of course for a period up to six months. Close this matter.

PN15

MR ANDERSON: Thanks Commissioner. This next application seeks to vary the Parking Stations Etc. Employees (ACT) Award 1983. Commissioner, I have the draft order. Again, this draft order seeks to vary the current wage rates, at clause 4, and at clause 4(b)(ii) there is the appropriate wording which takes - which lays down the absorption - the provisions for absorption in the - as per the wage case decision. Again, we seek to vary the allowances in this award.

PN16

In this case, there is one work related allowance and that is at para 2 of the draft order and relates to the first aid allowance and again we have applied the Glassmakers' decision, and there is an attachment which gives the details of our calculation. The remaining allowances we seek to vary are reimbursement allowances and there is an attachment to the draft order and we have used, we believe, the appropriate Australian Bureau of Statistics indices to do that.

PN17

Once again, the last time these were varied was in March 1996. Commissioner, we seek the variation to take effect from the first full pay period commencing on or after 7 June. If the Commission please.

PN18

THE COMMISSIONER: Thank you. Mr Long.

PN19

MR LONG: Thank you, Commissioner. Yes, Commissioner, we have seen the documentation and draft order from the union. We have also checked the calculations of the work related expense relating to allowances and also the increase to the wages. We are satisfied they are consistent with the Safety Net Review decision, print number PR002001 and we also concur that the date of effect should be the first pay period commencing on or after 7 June 2001. In summary, we do not oppose the application.

PN20

THE COMMISSIONER: Thank you, Mr Long. I will vary it then, the Parking Stations Etc. Employees (ACT) Award 1983 with effect from the first pay period on or after 7 June 2001. It will remain in force until - a period of six months. If there is nothing further on it, I will close this matter as well. This Commission stands adjourned.

ADJOURNED INDEFINITELY [12.14pm]