C2001/2902, Transcript of Proceedings [2001] AIRCTrans 1579 (16 July 2001)

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TRANSCRIPT OF PROCEEDINGS


AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER DEEGAN

C2001/2902

TRANSPORT WORKERS'- HOME MILK VENDING
(ACT) AWARD 1996

Application by the Transport Workers'
Union of Australia to vary Award

CANBERRA

3.47 PM, WEDNESDAY, 27 JUNE 2001

PN1

MR P. SEAL: I appear on behalf of the Transport Workers' Union.

PN2

THE COMMISSIONER: No other appearances, right. Mr Seal.

PN3

MR SEAL: Commissioner, this is an application by the Transport Workers' Union to vary the Transport Workers' Home Milk Vending (ACT) Award 1996. Copies of the application, draft order and hearing notice were sent by registered post to the awards respondents and that was done on 18 June and I have a copy of the original substitute service notice for the Commission.

PN4

THE COMMISSIONER: Yes, I will mark this service notice TWU1.

EXHIBIT #TWU1 COPY OF SUBSTITUTE SERVICE NOTICE

PN5

Yes, go ahead, Mr Seal.

PN6

MR SEAL: The draft order includes the arbitrated safety net arising from the Safety Net Review - Wages May 2001 decision, print PR002001. My understanding, Commissioner, is that that is all that is in the draft order.

PN7

THE COMMISSIONER: Strange award this one, is it not, Mr Seal.

PN8

MR SEAL: Yes. And as required the union gives the commitment required in principle 8(d) as to the absorption of the safety net adjustment and we are seeking an operative date of 7 July 2001 as the date which is 12 months since the award was last varied. If the Commission pleases.

PN9

THE COMMISSIONER: Right. Thank you, Mr Seal. Mr Seal, I do not suppose you have been given instruction as to how the rates have been arrived at, given that they are such odd rates and they do not actually quote the hourly rates.

PN10

MR SEAL: Commissioner, no, I have not. I am not aware of the history of the actual award or its application.

PN11

THE COMMISSIONER: Do you think you could perhaps ask whoever did this in your Federal Office to - - -

PN12

MR SEAL: Check those rates - - -

PN13

THE COMMISSIONER: - - - fax to my office just a calculation of how they arrived at the particular rate they have arrived at, since it is such a strange award?

PN14

MR SEAL: I can do that, Commissioner.

PN15

THE COMMISSIONER: Thank you. But once I am satisfied that the rates have been properly arrived at there will be an order made in the terms of the draft order which I will mark TWU2 and that order will have effect from the first full pay period on or after 7 July 2001.

EXHIBIT #TWU2 TERMS OF DRAFT ORDER

ADJOURNED INDEFINITELY [3.47pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #TWU1 COPY OF SUBSTITUTE SERVICE NOTICE PN5
EXHIBIT #TWU2 TERMS OF DRAFT ORDER PN15