C2001/2179, Transcript of Proceedings [2001] AIRCTrans 1311 (28 June 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 7800

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C2001/2179

ADI LIMITED (MIDDLE MANAGEMENT AND
PROFESSION) AWARD 1998

Application to vary award re Safety Net
Review - Wages May 2001

MELBOURNE

10.37 AM, WEDNESDAY, 6 JUNE 2001

PN1

MR M. BUTLER: I appear for the Association of Professional Engineers, Scientists and Managers Australia.

PN2

MR G. WHITEHEAD: I appear for the Australian Manufacturing Workers Union in this matter.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Yes, Mr Butler.

PN4

MR BUTLER: If the Commission please, if first I can advise the Commission that the time, date, place of hearing and draft order was served on the parties and there should be a statement of that effect - to that effect on the Commission's file.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes.

PN6

MR BUTLER: The other thing that I have to do at this stage, Commissioner, is to advise the Commission that it is to seek leave to amend the application. The application before the Commission is for the safety net review 2001 increase. Upon research, it was discovered that the award had not been varied for the safety net 2000 increase. So if I could seek leave to amend the application to vary the award in respect of both increases and I can advise the Commission that this matter is being discussed with the employer, who I believe has sent correspondence to the Commission.

PN7

THE SENIOR DEPUTY PRESIDENT: Well, there is certainly correspondence which indicates that ADI will not object to a draft order, which APESMA will submit. So I presume that relates to this amended document, Mr Butler.

PN8

MR BUTLER: Perhaps at this stage, then, your Honour, if I table the draft order.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, by all means.

EXHIBIT #B1 DRAFT ORDER

PN10

MR BUTLER: Your Honour, clause A(1) of the first page, which contains the rates of pay. As I indicated, the award rates are being varied in respect to both increases, which for all classifications except professional level B results in an increase of $32 for each classification and for professional level B and increase of $30.

PN11

THE SENIOR DEPUTY PRESIDENT: These employees are all covered by agreement, is that correct?

PN12

MR BUTLER: Yes, your Honour, they are all covered by enterprise agreements.

PN13

THE SENIOR DEPUTY PRESIDENT: And while there are increases in the rates, they are not, in fact, effective increases.

PN14

MR BUTLER: There shall be no increases in actual salary.

PN15

THE SENIOR DEPUTY PRESIDENT: So I am just checking that it comes within principle 8 so that I can do both adjustments together, Mr Butler.

PN16

MR BUTLER: Yes, I was planning to address the Commission on principle 8. I would like to answer that question now.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes.

PN18

MR BUTLER: That all the employees are covered by enterprise agreements and a decision to grant the application will not result in any increase in actual rates. On page 2 of the draft order, your Honour, clause 2, contains the absorption clause with a reference to both safety net review decisions. The May 2000 decision and the May 2001 decision.

PN19

THE SENIOR DEPUTY PRESIDENT: Yes.

PN20

MR BUTLER: Clause 3 allows for an adjustment to the first aid allowance that is in the award and that has been done in accordance with the furnishing trades case and required under the principles. The key rate used for calculation of this type of allowance in this award is the CT rate as contained in the paid rates award and the adjustments have been made in accordance with the furnishing trades decision. And on that basis, Commissioner, I have not anything further to add.

PN21

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Mr Whitehead.

PN22

MR WHITEHEAD: Yes, your Honour. The AMWU supports the amended draft application before the Commission and we also give the commitment required under - pursuant to principle 8(d) and ask the Commission to make the order in terms of the draft application before you.

PN23

THE SENIOR DEPUTY PRESIDENT: Thank you. The Commission has before it as a result of an amendment, which the Commission grants, an application to vary the ADI Middle Management and Professional Award 1998 for the safety net increases available under the decisions of May 2000 and May 2001. All employees covered by this award have the benefit of certified agreements and, therefore, the increases available will - the increases in the award proposed will not have any practical cost effect up on the employer. In those circumstances, principle 8 is satisfied that it is appropriate to deal with the safety net review of 2000 and 2001 together.

PN24

I am satisfied that the increased contained in the draft order, exhibit B1, are consistent with amounts available under those safety net decisions and that both the AMWU and APESMA have given the necessary absorption commitments. Accordingly, the award will be varied in accordance with the draft order, B1, which is consented to by ADI Limited. A formal variation order will issue in due course together with these reasons for decision. The Commission will adjourn to a later hour this morning.

ADJOURNED INDEFINITELY [10.45am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #B1 DRAFT ORDER PN10