C2001/2598, Transcript of Proceedings [2001] AIRCTrans 1446 (11 July 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C2001/2598

ALINTAGAS - ASU and CEPU AWARD 1999

Application by Australian Municipal Administrative,
Clerical and Services Union to vary re Safety Net
Review - Wages May 2001

PERTH

10.40 AM, TUESDAY, 19 JUNE 2001

PN1

MR S. BIBBY: I appear on behalf of the Australian Services Union in regard to this matter.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Bibby. I don't see anybody else so you proceed.

PN3

MR BIBBY: Sir, this is an application pursuant to section 113 to seek to have apply to this particular award the safety net adjustment as outlined in the Safety Net Review of wages handed down by the Full Bench of this Commission this year in May 2001. Sir, just to advise the Commission, I don't have a final order before me, the reason for that is that at this stage we have had no response from the employer. I would like just the opportunity if it be possible to get in contact with them once again and just confirm that we are happy with the final order and then if possible to submit a copy of the proposed final order to the Commission by the close of business at the end of this week.

PN4

So what I was going to do, sir, was to give the commitments pursuant to principle 8 of the wage fixing principles and then seek your guidance as to a way forward to progress the matter.

PN5

THE SENIOR DEPUTY PRESIDENT: What's the position with the CPSU?

PN6

MR BIBBY: The CEPU, sir?

PN7

THE SENIOR DEPUTY PRESIDENT: CEPU, sorry.

PN8

MR BIBBY: Sir, what has happened in recent months, sir, is this. The business has been restructured, I" not sure whether the CEPU have - this award covers any of their blue collar employees. I really cannot answer for them. They've had no discussions with me.

PN9

THE SENIOR DEPUTY PRESIDENT: But they have been served with the application?

PN10

MR BIBBY: I would imagine that they would have been, yes, sir.

PN11

THE SENIOR DEPUTY PRESIDENT: Well, is the best course that I ask you to again contact AlintaGas with the draft order and seek their approval.

PN12

MR BIBBY: Yes.

PN13

THE SENIOR DEPUTY PRESIDENT: And if you would advise me if it's approved I can do it without a further hearing, if it's not I will have to call it back on again. I don't' see any other option.

PN14

MR BIBBY: Yes, that would be a sensible way forward. I am certain that the rates will not affect the rates of pay of any employee in the organisation given that they have had a series of enterprise bargaining agreements which give them rights well ahead of this award. So my submission sir, would be that I will - sir, would you like me to go on the record in regard to giving the commitment pursuant to principle 8?

PN15

THE SENIOR DEPUTY PRESIDENT: Well, I think I can note that you've already done that.

PN16

MR BIBBY: Thank you.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes. What I'd like you to do is write, indicating that this matter has been on this morning, that your union has given the commitments and enclosing the draft order and asking whether they have any objection to the award being varied and if they do to advise you by close of business Friday. I'd be grateful if you would also send the same letter to the CPSU - CPEU.

PN18

MR BIBBY: Thank you, sir.

PN19

THE SENIOR DEPUTY PRESIDENT: And if you would let my associate know by close of business Friday what the position is or perhaps next Monday morning what the position is. Assuming there's consent or no objection then the award can be varied. If there is to be objection if you let me know I will arrange to have it called on as expeditiously as possible so that the matter can be finalised.

PN20

MR BIBBY: Thank you, sir.

PN21

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Bibby. Well, the matter will be adjourned sine die but on the basis I've just indicated.

ADJOURNED INDEFINITELY [10.45am]