C2001/2933, Transcript of Proceedings [2001] AIRCTrans 1507 (13 July 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 8033

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C2001/2933

TRANSPORT WORKERS (STATE GOVERNMENT
DEPARTMENTS AND INSTRUMENTALITIES)
AWARD 1982

Application by the Transport Workers Union
of Australia to vary the above award re
safety net review

MELBOURNE

9.48 AM, THURSDAY, 21 JUNE 2001

PN1

MS J. TISDALE: I appear for the Transport Workers' Union.

PN2

MR T. McCONVILLE: I appear on behalf of the State Government of Victoria.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you. Ms Tisdale, what is the position with this application?

PN4

MS TISDALE: We are seeking to proceed with the application, your Honour. We are not entirely sure at the moment of the status of this award. I imagine it will be called up under simplification and then we will be in a better position to know whether there are actually people employed under it, but until that happens, we would like to keep the rates in the award up to date, so we will be proceeding with the application. It is an application to vary the award to insert the new safety net rates and also to adjust allowances and adjust the supported wage payments.

PN5

Copies of the application and draft order and hearing notice were sent by facsimile to the attention of the assistant director of public sector employee relations at the State Government. That was done in 17 June and I have a statement of service attesting to that. If I could hand that up now.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you.

PN7

MS TISDALE: I don't believe that I have as yet e-mailed a copy of the draft order to your Associate. I have a hard copy here.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes, I think you did. Yes, that looks awfully familiar. Yes, you e-mailed that on Saturday, 16 June.

PN9

MS TISDALE: That draft order includes the safety net adjustment arising from the recent Full Bench decision. Work related allowances have been adjusted in accordance with principle 5 of the Commission's statement of principles and expense related allowances have been adjusted by increasing them by CPI since the last time they were adjusted and that was to the December quarter 1996. The draft order also seeks to adjust the minimum supported wage payment in accordance with the recent Full Bench decision and that is print number 904196.

PN10

THE SENIOR DEPUTY PRESIDENT: Just give me that print number again, please.

PN11

MS TISDALE: Certainly, 904196.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes, and the union gives a commitment.

PN13

MS TISDALE: The commitment required in principle 8D in relation to the absorption of the safety net adjustments. We would be seeking an operative date of 25 June 2001, which is 12 months since the award was last varied for safety net increases. I was speaking with Mr McConville this morning. He has identified a small number of calculations that look suspect and we need to go back and check the working out, so we would seek perhaps the order be made in seven days, to give us an opportunity to confirm some of those calculations. If the Commission pleases.

PN14

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes, Mr McConville.

PN15

MR McCONVILLE: Thank you, your Honour. The State Government has no objection to the award being varied in accordance with the order, subject to some minor changes being made in the draft order as presented to you. If the Commission pleases.

PN16

THE SENIOR DEPUTY PRESIDENT: Very well. If the parties will get to my Associate a copy of an agreed draft order within seven days, I will vary the award in accordance with that draft and the operative date will be 12 months from the last variation, which will be 25 June 2001. Is there anything else from either party? Very well.

ADJOURNED INDEFINITELY [9.52am]