C2001/2299, Transcript of Proceedings [2001] AIRCTrans 1648 (20 July 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 8381

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

C2001/2299

MANUFACTURING CHEMISTS AWARD 1998

Application under section 113 of the Act
by National Union of Workers to vary the
above award re Safety Net Review -
Wages May 2001

MELBOURNE

1.30 PM, THURSDAY, 31 MAY 2001

PN1

MS A. PARKES: I appear for the National Union of Workers.

PN2

MS J. WHITECROSS: I appear on behalf of the Victorian Employers Chamber of Commerce and Industry, its respondent members. Appearing with me is also MR G. DENNIS also from the Victorian Employers Chamber of Commerce and Industry.

PN3

MR T. HALLS: I appear for the Australian Industry Group.

PN4

THE SENIOR DEPUTY PRESIDENT: Ms Parkes.

PN5

MS PARKES: If the Commission pleases, your Honour, this is an application by the National Union of Workers to vary the Manufacturing Chemists Award 1998. If I could tender, your Honour, the draft order sought by the Union today.

EXHIBIT #NUW1 DRAFT ORDER

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, Ms Parkes.

PN7

MS PARKES: Your Honour, the application is to vary the award pursuant to section 113 of the Workplace Relations Act 1996 in accordance with the Safety Net Review Wages May 2001 decision issued by the Full Bench of the Commission on 2 May 2001 and found at Print 002001. Your Honour, on the file before you there should be a copy of the application of variation, a notice of listing and a draft order contained in an affidavit sworn by Mr Greg Sword indicating that such documents have been served on the organisations listed in the order for substituted service which was granted by the Commission as presently constituted.

PN8

Your Honour, the Union would seek to rely on its earlier submissions to submit that the draft order is consistent with the principles expressed by the Full Bench of the Commission in the Safety Net Review Wages May 2001 decision and would request that the application to vary the award be granted in the terms sought. Unless your Honour has any further questions that concludes the Union's submission.

PN9

THE SENIOR DEPUTY PRESIDENT: Ms Parkes, have you got a copy of the order for substituted service signed by the Commission?

PN10

MS PARKES: Your Honour, now that you raised that point I am just looking at the material before you and unfortunately I only appear to have a copy of our application.

PN11

THE SENIOR DEPUTY PRESIDENT: We will go off the record.

OFF THE RECORD

PN12

THE SENIOR DEPUTY PRESIDENT: What I will do in this matter is I will adjourn it so that the appropriate orders for substituted service can be served.

SHORT ADJOURNMENT [1.39pm]

RESUMED [2.34pm]

PN13

THE SENIOR DEPUTY PRESIDENT: Can I have the appearances please?

PN14

MS PARKES: I appear for the National Union of Workers.

PN15

MS WHITECROSS: I appear for the Victorian Employers Chamber of Commerce and Industry and its respondent members. Appearing with me also is Mr G. Dennis.

PN16

MR HALLS: I appear for the Australian Industry Group.

PN17

THE SENIOR DEPUTY PRESIDENT: Ms Parkes.

PN18

MS PARKES: If the Commission pleases. Your Honour, this is an application by the National Union of Workers to vary the Manufacturing Chemists Award 1998. The application to vary the award is pursuant to section 113 of the Workplace Relations Act 1996 and the application to vary is in accordance with the Safety Net Review Wages May 2001 decision issued by the Full Bench of the Commission on 2 May 2001 and found at Print 002001. Your Honour, the Union would like to tender a copy of the draft order sought in this matter.

PN19

THE SENIOR DEPUTY PRESIDENT: Yes, that is NUW1.

PN20

MS PARKES: Your Honour, a copy of the application of variation and notice of listing and the draft order have been served on the organisations listed in the order for substituted service which has been granted by the Commission as presently constituted. Your Honour, the draft order before you contains wages and allowances which have been varied in accordance with the Safety Net Review Wages May 2001 decision. Furthermore a clause giving the required commitment to absorption of the increase in wages has also been incorporated in the draft order.

PN21

The Union confirms that a period of 12 months will have elapsed since the rates in the award were increased in accordance with the Safety Net Review decision last year and the dates sought in the draft order for the order to come into force. Accordingly, your Honour, the Union submits that the draft order is consistent with the principles expressed by the Full Bench of the Commission and the Safety Net Review Wages May 2001 decision and request that the application to vary the award be granted in the terms sought. Unless your Honour has any further questions that concludes the Union's submission.

PN22

THE SENIOR DEPUTY PRESIDENT: Ms Whitecross.

PN23

MS WHITECROSS: If the Commission pleases. Your Honour, the Victorian Employers Chamber of Commerce and Industry being satisfied that the calculations provided in the draft order are consistent with the Safety Net decision of May 2001 does not oppose the application made by the - - -

PN24

MS PARKES: NUW.

PN25

MR HALLS: Your Honour, the Australian Industry Group has checked the wages and allowances of the draft order. They have been adjusted in accordance with the May 2001 Safety Net principles and the AI Group does consent to the Union's application.

PN26

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN27

MR HALLS: If the Commission pleases.

PN28

THE SENIOR DEPUTY PRESIDENT: Well, having regard to the material contained on the file in this matter and the submissions put to me I am satisfied I should vary the Manufacturing Chemists Award 1998 in accordance with NUW1. I am satisfied that to do so would be consistent with the requirements of the Act, the regulations and the relevant statement of principles. The variation to the award will come into force from the first full pay period to commence on or after 9 June 2001 and shall remain in force for a period of six months. I will now adjourn.

ADJOURNED INDEFINITELY [2.37pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #NUW1 DRAFT ORDER PN6