C2001/2175, Transcript of Proceedings [2001] AIRCTrans 1323 (29 June 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 7824

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HINGLEY

C2001/2175

LAND SURVEYORS GENERAL AWARD 1998

Application by The Association of Professional
Engineers, Scientists and Managers, Australia to
vary the above award re Safety New Review - Wages
May 2001

MELBOURNE

10.04 AM, THURSDAY, 7 JUNE 2001

PN1

MR B. NADENBOUSCH: I appear on behalf of the applicant, APESMA.

PN2

MR G. WHITEHEAD: I appear on behalf of the Australian Manufacturing Workers Union.

PN3

MR T. MAWSON: I appear on behalf of the Association of Consulting Surveyors Victoria.

PN4

THE COMMISSIONER: Mr Nadenbousch, are you going to address me first?

PN5

MR NADENBOUSCH: Yes; yes, Commissioner. This is an application which seeks to bring in the safety net review decision of May 2001. The parties to the award have been properly advised as required under the Act and procedures of the Commission of today's hearing. We have a draft order which we would like to tender and that has been exchanged with the other parties and I understand is in agreed terms.

EXHIBIT #N1 DRAFT ORDER

PN6

MR NADENBOUSCH: The impact of the draft order is, of course, to vary rates of pay by $13, $15 and $17 where appropriate. That is, of course, the first and most important point. The second is that we have included an absorption clause and you will find that under variation item 3 on page 2 of the draft order and that is in terms of absorption clause prescribed by the 2001 safety net decision.

PN7

Thirdly, there have been adjustments to allowances and they appear in variation items 4 to 9. And finally, the proposed operative date is the first full pay period to commence on or after 21 July 2001, to remain in force -that is, the variation to remain in force for a period of six months. Now, I think that is all I need to address you on, Commissioner, unless you desire - - -

PN8

THE COMMISSIONER: No. Do you say that the terms of the decision have been met in all respects?

PN9

MR NADENBOUSCH: Yes, we do, Commissioner, yes.

PN10

THE COMMISSIONER: Thank you. Mr Whitehead.

PN11

MR WHITEHEAD: Yes, Commissioner. The AMWU supports the application before the Commission and we support the submission made to you by Mr Nadenbousch and we ask the Commission to approve the application in the terms of the order handed up to you this morning. If the Commission pleases.

PN12

THE COMMISSIONER: Thank you.

PN13

MR WHITEHEAD: Incidentally, Commissioner, I should say that the AMWU does give the commitment in relation to the absorption pursuant to principle 8D I think it is. If the Commission pleases.

PN14

THE COMMISSIONER: Thank you. Yes. Please, Mr Mawson.

PN15

MR MAWSON: Thank you, Commissioner. ACSV has seen the draft order and is comfortable and acceptant of all its content. I think that is probably all I need to say, sir.

PN16

THE COMMISSIONER: Yes. Are you satisfied that it meets all the requirements of the principles of the Commission?

PN17

MR MAWSON: Yes.

PN18

THE COMMISSIONER: Yes, thank you. Mr Nadenbousch, the allowances; how were they adjusted or what -

PN19

MR NADENBOUSCH: Yes. I think they have been adjusted in accordance with - you will have to forgive me, Commissioner - I think they have been adjusted in accordance with the relevant CPI indices and in accordance with the principle for adjustment of allowances under the wage fixation principles. I took it that you were answering those questions when you said that it satisfied all the principles of this Commission - - -

PN20

MR NADENBOUSCH: Yes, yes.

PN21

THE COMMISSIONER: - - - but I was just recapping on that, that is all.

PN22

MR NADENBOUSCH: Right. I hope I have adequately answered your question.

PN23

THE COMMISSIONER: Yes, I see. Thank you.

PN24

This is a consent matter and all parties advised the Commission that the variations as sought are consistent with all of the principles of the Commission, and on the materials before me and the submissions made to me at this hearing this morning, I intend to issue the order to vary the award. It will commence beginning the first full pay period commencing on or after 21 July 2001 and shall remain in force for a period of six months. This matter is adjourned.

ADJOURNED INDEFINITELY [10.10am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #N1 DRAFT ORDER PN6