C2001/2939, Transcript of Proceedings [2001] AIRCTrans 1451 (11 July 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 2, 16 St George's Tce, PERTH WA 6000
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C2001/2939

WA PASSENGER BUS TRANSIT INDUSTRY AWARD 2000

Application by Transport Workers' Union of Australia
to vary re Safety Net Review - Wages May 2001

PERTH

3.13 PM, TUESDAY, 19 JUNE 2001

PN1

MR N.J. HODGSON: I appear on behalf of the Transport Workers' Union of Australia.

PN2

MR J. UPHILL: I appear on behalf of Path Transit and also Perth Bus.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you Mr Uphill. Yes, what is the position with this matter, Mr Hodgson?

PN4

MR HODGSON: Thank you, your Honour. This is an application by the TWU to vary the WA Passenger Bus Transit Industry Aware 2000, copies of the application, draft order and hearing notice was sent by registered post to the respondents prescribed in the award on 7 June 2001. I have handed up a statement of service.

EXHIBIT #H1 STATEMENT OF SERVICE

PN5

MR HODGSON: Thank you, your Honour. The draft order included in the application seeks the arbitrated Safety Net Adjustment arising from the Safety Net Review on May 2001. It seeks to adjust work-related allowances in accordance with Principle 5 of the Commission's Statement of Principles. Expense-related allowances have been adjusted in accordance with increases in the CPI and the draft order seeks to adjust the minimum supported wage payment in accordance with the Full Bench decision of 11 May 2001.

PN6

The union gives the necessary commitment required in Principle 8D as to the absorption of the Safety Net Adjustment. In terms of the operative dates we are seeking two operative dates, if it please the Commission, with respect to Transport Management Group, trading as Southern Coast Transit, the operative date we are seeking is from the beginning of the first pay period commencing on or after 16 August 2001, and with respect to all other respondents from the beginning of the first pay period commencing on or after 22 September 2001.

PN7

These operative dates are 12 months respectively since the variations were made to the award. If it please the Commission.

PN8

THE SENIOR DEPUTY PRESIDENT: Mr Hodgson, before I call on Mr Uphill I should advise you that we've had a communication from Southern Coast Transport, indicating that they haven't received a draft order. Now, I know the statement of service has a certified mail receipt attached to it, so I don't know what has happened?

PN9

MR HODGSON: I am not sure of the remedy, Commissioner, but they obviously were aware that the matter was listed today and had the opportunity to make submissions. The statement of service as you indicate has the address of 8 Sainsbury Road, O'Connor WA 6163 and my understanding is that's the address of the respondent.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes.

PN11

MR HODGSON: I can undertake to post a copy of the draft order is that may assist?

PN12

THE SENIOR DEPUTY PRESIDENT: Well, we might come back to it, I just thought I would put you on notice about it now and we will hear Mr Uphill. Thank you. Yes, Mr Uphill?

PN13

MR UPHILL: Your Honour, I would agree with the remarks made by Mr Hodgson in terms of the validity of the application before you. We consent to the variation in the award and we would indicate that in our assessment the draft order is accurate and does reflect the May 2001 National Wage Case decision. I might just also indicate, given the discussion that ensued a moment ago, that earlier today I had a call from Mr Chris Stanley who acts on behalf of Southern Coast Transit, who indicated that he wouldn't be attending these proceedings, but indicated to me they had no difficulty with the draft order that apparently he had seen, so I hope that assists your Honour.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Well, Mr Hodgson I think just to be on the safe side we might adopt this course - would you forward a copy of the draft order and indicate that unless I hear within 7 days I propose to issue it, following today's hearing, and I will announce formally why I am going to do that. If they do object they should advise me within 7 days.

PN15

MR HODGSON: Yes. Okay. I can undertake to do that, your Honour.

PN16

THE SENIOR DEPUTY PRESIDENT: Thank you. This is an application to vary the Western Australia Passenger Bus Transit Industry Award 2000 for the increases available as a result of the Safety Net Review decision of May 2001, Print PR002001 and to adjust the allowances in accordance with the principles set out in that decision.

PN17

In relation to two of the respondents, namely Path Transit Pty Limited and Perth Bush Pty Limited, Mr Uphill appears on their behalf and consents to the order as properly reflecting the increases available in the decision. In relation to Transport Management Group Limited, trading as Southern Coast Transport, my Associate received a communication that they had not received a copy of the draft order. However, Mr Uphill indicates that he has spoken with a representative of that company today and his understanding is that the order would not be objected to.

PN18

In the circumstances I have taken the course of directing Mr Hodgson to serve a further copy of the draft order on that company indicating that if there is any objection my Associate must be advised within 7 days. Subject to that reservation I propose to vary the Western Australia Passenger Bus Transit Award in the form of exhibit H2, the draft order which I now mark.

EXHIBIT #H2 DRAFT ORDER

PN19

THE SENIOR DEPUTY PRESIDENT: In relation to the Transport Management Group, trading as Southern Coast Transit, the order will come into effect from the first pay period to commence on or after 16 August 2001, subject to the reservation I have just made and it will have a nominal life of 6 months. In relation to the respondents represented by Mr Uphill the operative date will be the first pay period to commence on or after 22 September 2001 and again the order will have a nominal life of 6 months. I should have added that in each case I note that the Transport Workers' Union of Australia gives the necessary commitments as to absorption.

PN20

Is there anything further gentlemen? Well, subject to the reservation I have just made the matter will be adjourned on that basis and the formal orders issue in due course. If there is an objection that cannot be dealt with over the phone I will have to re-list the matter, but I would not anticipate that that will be necessary. We will adjourn on that basis.

ADJOURNED INDEFINITELY [3.21pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #H1 STATEMENT OF SERVICE PN5
EXHIBIT #H2 DRAFT ORDER PN19