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Australian Industrial Relations Commission Transcripts |
AUSCRIPT PTY LTD
ABN 76 082 664 220
Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114J MELBOURNE Vic 3001)
DX 305 Melbourne Tel:(03) 9672-5608 Fax:(03) 9670-8883
TRANSCRIPT OF PROCEEDINGS
O/N 8395
AUSTRALIAN INDUSTRIAL
RELATIONS COMMISSION
SENIOR DEPUTY PRESIDENT LACY
C2001/2900, 2907, 2908, 2910,
2912, 2914, 2916, 2917, 2919,
2920, 2921, 2927, 2928 and 2934
Applications under section 113 of the Act
to vary certain awards re Safety Net Review -
Wages May 2001
MELBOURNE
9.05 AM, FRIDAY, 13 JULY 2001
C2001/2900
TRANSPORT WORKER'S (OIL COMPANIES)
AWARD 1998
Application by the Transport Workers'
Union of Australia
PN1
MR L. DUFFIN: I appear on behalf of the Transport Workers' Union.
PN2
MR S. SHEARER: I appear on behalf of the South Australian Transport Association and linking contractors.
PN3
MR J. HOY: I appear for the Australian Industry Group.
PN4
MR B. VICKERS: I appear for Mobil Oil Australia Pty Ltd.
PN5
MS L. THOMAS: I seek leave to appear on behalf of Shell Company Australia Limited.
PN6
MR W. ANDERSON: I appear on behalf of BP Australia and Caltex Australia.
PN7
THE SENIOR DEPUTY PRESIDENT: Any objection to legal representation?
PN8
MR DUFFIN: No.
PN9
THE SENIOR DEPUTY PRESIDENT: Very well. Leave to appear is granted to Ms Thomas. Yes, Mr Duffin.
PN10
MR DUFFIN: Thank you, your Honour. This is an application by the Transport Workers' Union to vary the Transport Workers' (Oil Companies) Award. Copies of the application, draft order and hearing notice were sent by registered post to the respondents on 6 July 2001. If I could hand up a statement of service.
PN11
MR DUFFIN: The draft order actually includes the arbitrators safety net adjustment arising from the safety net review of May of this year. Work related allowances have been adjusted in accordance with principle 5 of that statement of principles which came out of that decision and expense related allowances have been adjusted in accordance with CPI figures since the period that they were last adjusted. There is also the increase in the supported wage system payment which has been increased to $53. The union does give the commitment required in principle 8(d) in relation to the absorption of the safety net adjustment and we are seeking an operative date in this particular matter of 19 July 2001 which is 12 months since that award was last varied in accordance with the safety net adjustment. Those are my submissions at this stage, your Honour.
PN12
THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Duffin. Mr Shearer?
PN13
MR SHEARER: Thank you. Unfortunately I haven't as yet seen a copy of the draft order. Given what has just been said, we don't have a problem but we would like the opportunity to view the draft order and I would seek seven days to be able to respond.
PN14
THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Shearer. Have you seen calculations by the way?
PN15
MR SHEARER: Not on that particular matter.
PN16
THE SENIOR DEPUTY PRESIDENT: No. Yes, Mr Hoy?
PN17
MR HOY: Thank you, your Honour. Your Honour, we only received the draft order a few days ago and on my checking of it I am unable to exactly compare the special rates in particular with the application of the expense related allowances and the work related allowances and we also note that in the Oil Companies Award there is, I believe it is, an application to increase the rates not only for the current safety net adjustment, but the two previous adjustments.
PN18
THE SENIOR DEPUTY PRESIDENT: We are not dealing with that one at the moment, are we? Sorry, we are. The Transport Workers' (Oil Companies) Award. What did you say? It also seeks what? To increase what?
PN19
MR HOY: Well, the figures that have been presented to me in the draft order indicate that the increases also apply for '99 and 2000 safety net adjustments. Now if that is not the case I am happy to hear from the TWU on that, but it is certainly based on the last safety net adjustment which was 19 July 2000 in print T1328, the figure for the aerodrome servicing attendant was $526.20. Now if you add $15 to that, you come up with $541.90, not $566.20.
PN20
And similarly, your Honour, the application of the relevant percentage increase to the special rates - there has been no provision from the union as to how they have calculated the relevant percentage to apply and I suspect there may even be some argument about whether particular allowances are expense related or work related. Subject to - I would request a period of 14 days to consider any further information the TWU are prepared to supply and we would then indicate either by writing or further hearing before the Commission, our consent or otherwise, if your Honour pleases.
PN21
THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Hoy. Mr Vickers?
PN22
MR VICKERS: Your Honour, as with my colleague, we have not had sufficient time to look at this either, but - - -
PN23
THE SENIOR DEPUTY PRESIDENT: When did you receive it?
PN24
MR VICKERS: Well I have only sited it yesterday, but that may be a function of our internal mail system. I am not denying that the union posted it when they said, but we have some submissions which Ms Thomas is going to put to you on behalf of Shell which might suggest that rather than hearing it three times, that - I will let her put the submission, but it will be along similar lines to my colleague who has just put before you, if the Commission pleases.
PN25
THE SENIOR DEPUTY PRESIDENT: Very well, Mr Vickers. Ms Thomas?
PN26
MS THOMAS: If the Commission pleases, Shell would also like to ask for an adjournment of the matter. Perhaps - I don't know if 14 days would be necessary.
PN27
THE SENIOR DEPUTY PRESIDENT: Sorry?
PN28
MS THOMAS: I don't know if we would think that 14 days would be necessary, but certainly a few days in which it could consider the application and perhaps have some discussions with the union as to its reasoning of grounds and so forth would be useful in terms of progressing the matter. As with Mr Vickers, the company received, or only sited the application a couple of days ago. Once again, not disputing the fact that the union sent it when they said they did, it is just the case that relevant officers of the company haven't been in the country. There are a number of matters surrounding the application that requires some clarification. For example, which safety net increases are being sought and in relation to allowances, which allowances are speculated which are work related and what CPI figure has been applied to what allowances, and so forth. I think that some discussions with the union would probably be sufficient to clarify that.
PN29
THE SENIOR DEPUTY PRESIDENT: How much time do you need? Seven days?
PN30
MS THOMAS: Seven days.
PN31
THE SENIOR DEPUTY PRESIDENT: Fair enough. Mr Anderson?
PN32
MR ANDERSON: If the Commission pleases, my comments are not dissimilar from what has already been said. We have had very little time to consider the document. There are some issues that we wish to query and if we had a reasonable period of time to discuss those with the union, we believe the matter could be progressed. So we would seek somewhere in the order of a week to discuss this.
PN33
THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Anderson. Mr Duffin, what do you say about Mr Hoy's suggestion that it seeks to apply the '99 and 2000 safety net adjustments?
PN34
MR DUFFIN: My instructions are that it does. I have to actually check that. It wasn't actually I that did the calculations on this particular award, but I believe that is true. Certainly, that is something which may require or does indeed require the parties to have a greater opportunity to discuss this with us. It is certainly something that is capable of being dealt with in accordance with the principles by virtue of the fact that the Full Bench did allow that sort of case to take place provided the parties had the consent to that.
PN35
THE SENIOR DEPUTY PRESIDENT: Well, without consent in special circumstances as well.
PN36
MR DUFFIN: That is right, your Honour. So we would have no difficulty with the seven days adjournment for making the decision in that matter.
PN37
THE SENIOR DEPUTY PRESIDENT: Given the number of parties that you need to confer with, will seven days be sufficient for you?
PN38
MR DUFFIN: I would have thought so, your Honour. It is essentially the same issue as between all of them. We would be able to do it, I think.
PN39
THE SENIOR DEPUTY PRESIDENT: Mr Hoy, why do you say 14 days?
PN40
MR HOY: I have got similar concerns with a number of the other awards that have been raised, your Honour, in respect to the application to the special rates and expense related allowances.
PN41
THE SENIOR DEPUTY PRESIDENT: But they will be - it will be the same issue in each case, won't it?
PN42
MR HOY: Yes, it would be, your Honour, yes.
PN43
THE SENIOR DEPUTY PRESIDENT: I will allow seven days. I will adjourn that matter until - - -
PN44
MR DUFFIN: Your Honour, if I could just - it is just in relation to the operative date of this matter. The matter is actually - the draft order on the 12 months comes up on 19 July. Whether that necessarily means that we need to have the hearing prior to that date, I am not certain.
PN45
THE SENIOR DEPUTY PRESIDENT: Well we do if we want to make that the operative date.
PN46
MR DUFFIN: That is right, your Honour. Perhaps if we were to actually list it on the 19th rather than - - -
PN47
THE SENIOR DEPUTY PRESIDENT: Yes. What I was going to propose was that in the event that the parties were satisfied that the matter could proceed on the - after discussions between the parties, if they wrote to my associate and said that there was consent, then I would perhaps make the order, I think, without any further necessity for a hearing. But if there is some dispute then I will have to list the matter again. Unfortunately, I couldn't list it for the 19th, because I won't be here. It might even be difficult to do it on the 20th. I could do it by video conference on the 19th.
PN48
MR DUFFIN: That would be my preference, your Honour.
PN49
THE SENIOR DEPUTY PRESIDENT: All right. I will adjourn it until - I have got to work out the time difference. I will adjourn it until 11 am on 19 July and as I have indicated, if the parties come to an agreement about the issues and are willing to consent to the award being made or variations being made, if they write to my associate indicating that is the case, then there won't be any necessity for those parties who do that to appear at the further hearing.
C2001/2907
TRANSPORT WORKERS (ANCILLARY VEHICLES)
AWARD 1985
Application by the Transport Workers'
Union of Australia
PN50
MR L. DUFFIN: I appear on behalf of the Transport Workers' Union.
PN51
THE SENIOR DEPUTY PRESIDENT: Yes, Mr Duffin.
PN52
MR DUFFIN: Your Honour, this is also an application to vary the ancillary workers award - ancillary vehicles award. Copies of the application, draft order and hearing notice was sent on 4 July. I have got a statement of service that I would like to hand up in relation to that as well.
PN53
MR DUFFIN: Again, the draft order includes the safety net adjustment arising from the May 2001 decision and allowances in accordance with principle 5 and also expense related allowances in relation to CPI changes since it was last varied. And finally, the increase from the $45 to $53 in relation to the supported wage system. The union does give the commitment required as to the absorption of the safety net adjustment. In this matter we were actually seeking an operative date of 30 June 2000 as that was the 12 months from the last adjustment in this matter.
PN54
THE SENIOR DEPUTY PRESIDENT: Operative date of 30 June 2001 you mean?
PN55
MR DUFFIN: That is right, yes.
PN56
THE SENIOR DEPUTY PRESIDENT: Well I can't make it for 2001, but just before you go on, have you had any discussions with Australian Road Transport Industrial Organisation?
PN57
MR DUFFIN: I have not, and I don't have any instructions as to whether they have contacted anyone else in my office.
PN58
THE SENIOR DEPUTY PRESIDENT: What about Brambles?
PN59
MR DUFFIN: Again, I don't have any instructions as to whether they contacted anyone in my office.
PN60
THE SENIOR DEPUTY PRESIDENT: Yes. I have received a letter from Brambles in fact seeking to have the matter adjourned for seven days to allow them an opportunity to consider the rates. Yes, Mr Ryan?
PN61
MR RYAN: Your Honour, I am here representing the RTO and the Australian Road Transport Industrial Organisation in other matters. We have no particular interest in the Ancillary Vehicles matter.
PN62
THE SENIOR DEPUTY PRESIDENT: Very well. Thank you, Mr Ryan.
PN63
MR RYAN: It might put your mind at rest.
PN64
THE SENIOR DEPUTY PRESIDENT: Thank you for that. In any event, I will allow the seven days for Brambles to consider the rates, Mr Duffin.
PN65
THE SENIOR DEPUTY PRESIDENT: Again, I would ask that you perhaps communicate with Brambles and advise them that if they have no objection to the order being made or have no difficulty with the rates, then they should write to my associate indicating that is the case, and again it wouldn't be necessary for anybody to appear in order for me to make the order. I will issue the order. But what about the operative date? What do you say about that?
PN66
MR DUFFIN: Perhaps all I can say is that the matter was - the application was made to vary this in May 2001. There are circumstances, I believe, which allow the Commission to make an order which would be back dated.
PN67
THE SENIOR DEPUTY PRESIDENT: But the principles say that it can't be, don't they?
PN68
MR DUFFIN: Excuse me, your Honour. I think the principles say it can't be less than 12 months previous, except in accordance with consent. It certainly says that the operative date will be no earlier than the date of the variation of the award.
PN69
THE SENIOR DEPUTY PRESIDENT: Yes. Perhaps that is something that you might raise with Brambles as well, and perhaps the parties could include in any letter that they might send to my associate their positions on that issue.
PN70
MR DUFFIN: I will certainly do that, your Honour.
PN71
THE SENIOR DEPUTY PRESIDENT: Is there anything else in relation to that matter?
PN72
MR DUFFIN: No, your Honour.
PN73
THE SENIOR DEPUTY PRESIDENT: Very well. I will adjourn that matter until 19 July and again, it will be listed on the same video link-up with Perth.
PN74
MR DUFFIN: And we write to you if it is unnecessary for that to go ahead.
PN75
THE SENIOR DEPUTY PRESIDENT: Yes, if it is necessary.
C2001/2908
TRANSPORT WORKERS' (ARMOURED VEHICLES)
AWARD 1978
Application by the Transport Workers'
Union of Australia
PN76
MR L. DUFFIN: I appear on behalf of the Transport Workers' Union.
PN77
MR R. IRONMONGER: I appear on behalf of Mayne Nickless Limited.
PN78
THE SENIOR DEPUTY PRESIDENT: Thank you. Yes, Mr Duffin?
PN79
MR DUFFIN: Your Honour, again it is an application to vary this particular award. I would seek to hand up a statement of service as to when the draft order, hearing notice was sent to the respondents. That occurred on 5 July this year.
PN80
MR DUFFIN: Again, the draft order includes the arbitrated safety net adjustment. It also includes both the expense related and the work related allowances in accordance with the relevant principles. The minimum payment payable under the supported wage system has been increased from $45 to $53 in that draft order. The union does give the commitment required in principle 8(d). Again, this is a matter where the operative date would be 7 July 2001 and again we are in the same position as we were in the previous matter, which is that although this matter was - we provided the relevant documentation. Unfortunately due to the nature of the listing we are behind on the period.
PN81
THE SENIOR DEPUTY PRESIDENT: Does this also include the safety net adjustments for '99 and 2000?
PN82
MR DUFFIN: I don't believe it does on this particular occasion.
PN83
THE SENIOR DEPUTY PRESIDENT: Very well. Are there any other matters in relation to that?
PN84
MR DUFFIN: No, your Honour.
PN85
THE SENIOR DEPUTY PRESIDENT: Have you had any contact with any of the parties in that?
PN86
MR DUFFIN: Again, I haven't had any contact, your Honour.
PN87
THE SENIOR DEPUTY PRESIDENT: Yes. Mr Ironmonger?
PN88
MR IRONMONGER: We don't oppose the application, although I have no instructions as to the operative date. I am in the Commission's hands with that. I would also require seven days just for the final checking of the figures.
PN89
THE SENIOR DEPUTY PRESIDENT: Sorry, you require?
PN90
MR IRONMONGER: Seven days to check the final - or perhaps do those - just check the final figures in the document.
PN91
THE SENIOR DEPUTY PRESIDENT: Calculations?
PN92
MR IRONMONGER: That is right, yes.
PN93
THE SENIOR DEPUTY PRESIDENT: Yes. Very well. Again, Mr Duffin, I will adjourn that matter for seven days - I will adjourn the matter, sorry, until 19 July. In the interim, you might write to the respondents that have been served asking that they indicate whether or not they consent to the award being made and alerting them to the issue about the operative date.
C2001/2910
TRANSPORT WORKERS (BRAMBLES EQUIPMENT
SERVICES - PORT PIRIE) AWARD 1991
Application by the Transport Workers'
Union of Australia
PN94
MR L. DUFFIN: I appear on behalf of the Transport Workers' Union.
PN95
THE SENIOR DEPUTY PRESIDENT: Yes, Mr Duffin.
PN96
MR DUFFIN: Perhaps it might save time if I was to tell your Honour that I haven't had any contact with Brambles in relation to this either.
PN97
THE SENIOR DEPUTY PRESIDENT: Yes, well Brambles, as I say, have written in relation to these matters and indicated that they want seven days in order to check the calculations, but you have a statement of service presumably?
PN98
MR DUFFIN: I do. The draft order and hearing notice were sent by post on 4 July.
PN99
THE SENIOR DEPUTY PRESIDENT: I don't have a draft order in that matter.
PN100
MR DUFFIN: Perhaps if I hand up the draft order then, your Honour.
PN101
THE SENIOR DEPUTY PRESIDENT: Thank you. What is the operative date of this one?
PN102
PN103
THE SENIOR DEPUTY PRESIDENT: Again, Mr Duffin, if you write to Brambles informing them of the indication that I have given previously that if they consent to the matter and advise my associate in writing of that fact, then there won't be any need for them to attend on 19 July when this matter is re-listed. Also alert them to the issue about the operative date.
PN104
MR DUFFIN: Yes, your Honour.
PN105
THE SENIOR DEPUTY PRESIDENT: I will adjourn that matter until 19 July.
C2001/2912
TRANSPORT WORKERS' (BULK MILK
CARTERS) AWARD 1985
Application by the Transport Workers'
Union of Australia
PN106
MR L. DUFFIN: I appear on behalf of the Transport Workers' Union.
PN107
MS J. WHITECROSS: I appear on behalf of the Victorian Employers' Chamber of Commerce.
PN108
MR J. HOY: I appear for the Australian Industry Group.
PN109
THE SENIOR DEPUTY PRESIDENT: Thank you. Yes, Mr Duffin?
PN110
MR DUFFIN: Your Honour, it is an application to vary the bulk milk carters award to put in the safety net adjustments. If I could hand up the statement of service again.
PN111
THE SENIOR DEPUTY PRESIDENT: And that is just the 2001 safety net review is it?
PN112
PN113
MR DUFFIN: In this, your Honour, there has been an increase in the safety net adjustment. There has been increase in the work related allowances and expense related allowances in accordance with the principles. The union does give the commitment as required in 8(d) of the principles. The operative date in this matter is 27 July, so we are not quite in the same degree of difficulty as with the other ones.
PN114
THE SENIOR DEPUTY PRESIDENT: Yes, thank you. I should indicate that in that matter there was communication to my office from Linfox again indicating that they required some time. I am actually mistaken about that. Their application for an adjournment is in relation to the transport workers' distribution facilities award. I haven't had any communication from them in relation to this order. Anything else on that?
PN115
MR DUFFIN: No, that is all, your Honour.
PN116
THE SENIOR DEPUTY PRESIDENT: Thank you. Ms Whitecross?
PN117
MS WHITECROSS: If the Commission pleases, your Honour, the Victorian Employers' Chamber of Commerce and Industry does not in principle oppose the application made by the TWU in this matter, being satisfied that it is in accordance with the principles of the safety net decision. However, prior to this morning's hearing, I did have an opportunity to speak to Mr Duffin with respect to the calculation of work related allowances in the draft order.
PN118
It is VECCI's understanding that it is custom and practice that such allowances by use of the furnishing and glass decision formula, is based on a clear classification of level 3. In this instance, and I would indicate that this is also the case in the other matters that I will appear. I will be later on relying on my submission in this matter that the calculations have been undertaken on the basis of a level 1. With that in mind, we would respectfully ask for seven days with which to discuss the matter with the TWU and other interested parties, if the Commission pleases.
PN119
THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Whitecross. Mr Hoy?
PN120
MR HOY: Thank you, your Honour. We have got no objection to the wage rates as portrayed in the draft order, but similar to my colleague from VECCI, we have a problem with the calculation of the special rates and expense related allowances and we would also seek that we have a period of time to discuss that with the TWU to agree on the correct methodology to be applied and if we could have this matter again adjourned to 19 July or if we are able to reach agreement in the meantime, if your Honour pleases.
PN121
THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Hoy. I will make the same directions in relation to this matter as I have in relation to the others, namely that the parties confer and if there is an agreement reached and the matter can go ahead by consent, the parties write to my associate informing him of that fact and there won't be any necessity for the matter to call for appearances. Perhaps also, Mr Duffin, you would write to Linfox and the Tasmanian Chamber of Commerce and Industry and inform them of the directions.
PN122
MR DUFFIN: Yes I will, your Honour.
PN123
THE SENIOR DEPUTY PRESIDENT: I adjourn that matter to 19 July. Sorry, what was the operative date you wanted?
PN124
MR DUFFIN: That one is 27 July.
PN125
THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Duffin.
C200/2914
TRANSPORT WORKERS (F.J. WALKER FOODS) AWARD
1990
Application by the Transport Workers Union
of Australia
PN126
THE SENIOR DEPUTY PRESIDENT: Mr Duffin, you appear for the TWU, is that right?
PN127
MR DUFFIN: That is correct, your Honour.
PN128
THE SENIOR DEPUTY PRESIDENT: Yes, I should indicate that - sorry, are there any other appearances in that? No. I have received a communication from Australian Meat Holdings advising that they have received the notice of listing in the application, and pointing out that there are some errors in the amounts stipulated in paragraph 8 of the application. Do you have a copy of the letter that they sent to me, Mr Duffin?
PN129
MR DUFFIN: I do, your Honour.
PN130
THE SENIOR DEPUTY PRESIDENT: Yes, very well. Well, subject to those amendments they have no objection to the matter being issued, or the award being issued.
PN131
MR DUFFIN: Your Honour, was there a subsequent communication to that one - I presume that is the one that is dated 9 July 2001?
PN132
THE SENIOR DEPUTY PRESIDENT: Yes, that is right.
PN133
MR DUFFIN: The parties did actually discuss this yesterday.
PN134
THE SENIOR DEPUTY PRESIDENT: Yes.
PN135
MR DUFFIN: Or rather on Wednesday and a corrected draft order has been prepared. Unfortunately - and I have a copy of that which can be handed up.
PN136
THE SENIOR DEPUTY PRESIDENT: Very well.
PN137
MR DUFFIN: Perhaps just before I hand it up, I want to point out what the main difference is, that their correction is that the amounts in item 8 of the draft order should be changed to 7.50 and 7.70.
PN138
THE SENIOR DEPUTY PRESIDENT: Yes.
PN139
MR DUFFIN: In our initial order I believe they were 9.50 and 10.35.
PN140
THE SENIOR DEPUTY PRESIDENT: Yes, that is right.
PN141
MR DUFFIN: You will find that the change has actually been to reduce it to 9.21.
PN142
THE SENIOR DEPUTY PRESIDENT: The change, what, sorry?
PN143
MR DUFFIN: By deleting the amount of $7.50 and inserting $9.21.
PN144
THE SENIOR DEPUTY PRESIDENT: The amount - yes, I see. Yes. And that has been agreed, has it, with F.J. Walkers?
PN145
MR DUFFIN: Yes, that is correct, your Honour.
PN146
THE SENIOR DEPUTY PRESIDENT: Very well, do you the amended - - -
PN147
MR DUFFIN: I will hand up both the statement of service and the corrected draft order, your Honour.
PN148
THE SENIOR DEPUTY PRESIDENT: This is an application to vary the Transport Workers (F.J. Walker Foods) Award 1990 to make applicable in that award the increases available under the safety net review case of May 2001, print PR002001. Having heard Mr Duffin on behalf of the Transport Workers Union of Australia, and having read the statement of service, exhibit TWU2, in this matter I am satisfied that F.J. Walker Foods were served with the application and the notice of the hearing and the draft order as submitted by Mr Duffin. I am satisfied that the draft order, exhibit TWU1, reflects the increases available under the safety net review decision and makes the appropriate adjustments to allowances and in accordance with that decision accordingly the award will be varied in the form of exhibit TWU1. The order will come into operation from the - sorry, what date was that?
PN149
MR DUFFIN: If you look at the letter, it is 1 July 2001. F.J. Walker has - or the respondent, rather, in the final paragraph on the first page, is that letter dated 9 July.
PN150
THE SENIOR DEPUTY PRESIDENT: I will make it operative from 13 July.
PN151
MR DUFFIN: Very well, your Honour.
PN152
THE SENIOR DEPUTY PRESIDENT: Sorry?
PN153
MR DUFFIN: I did think that that suggested that the employer consented in this instance to the variation coming into effect on 1 July.
PN154
THE SENIOR DEPUTY PRESIDENT: Yes, very well. The order will come into operation from the first pay period to commence on or after 1 July 2001, being the date 12 months after the increases became applicable as a result of the 2000 safety net review, and the order will have a nominal life of six months. The order together with these reasons will be published in due course.
C2001/2916
TRANSPORT WORKERS (CRUDE OIL
DISTRIBUTION) AWARD 1986
Application by the Transport Workers
Union of Australia
PN155
THE SENIOR DEPUTY PRESIDENT: Yes, Mr Duffin, you appear for the TWU.
PN156
MR DUFFIN: I do, your Honour.
PN157
THE SENIOR DEPUTY PRESIDENT: Other appearances in that matter? Yes, Mr Duffin.
PN158
MR DUFFIN: Your Honour, I can hand up firstly the statement of service which is on 6 July. A copy of the draft order, the application and the hearing notice was sent by registered post.
PN159
MR DUFFIN: The draft order does have the arbitrated safety net of May 2001, the increases in expense related allowances and in relation to work related allowances in accordance with principle 5. I do not believe that this award does have a supported wage increase, or certainly the draft order does not. The operative date in this matter is 17 July 2001. The union again gives the commitment as required in principle 8(d) that this safety net adjustment be absorbed.
PN160
THE SENIOR DEPUTY PRESIDENT: Have you had any contact with the two respondents in that matter?
PN161
MR DUFFIN: Again, I have got no instructions as to whether my office has. I personally have not.
PN162
THE SENIOR DEPUTY PRESIDENT: Yes. Very well, this is an application to vary the Transport Workers (Crude Oil Distribution) Award 1986 to make applicable in that award the increases available under the safety net review case of May 2001, print PR002001. Having heard Mr Duffin on behalf of the Transport Workers Union of Australia and having read the statement of service, exhibit TWU1, in this matter I am satisfied that Kenneth Hunt Consultants and McIver - well, Liquid Haulage Pty Ltd were served with the application, the notice to vary, and the draft order as submitted by Mr Duffin.
PN163
I am satisfied that the draft order, exhibit TWU2, reflects the increases available under safety net review decision and makes the appropriate adjustment to allowances in accordance with that decision. Accordingly the award will be varied in the form of exhibit TWU2. The order will come into operation from the first pay period to commence on or after 17 July 2001, being the date 12 months after the increases became applicable as a result of the 2000 safety net review, and the order will have a nominal life of six months. The order, together with these reasons for decision, will be formally issued in due course.
C2001/2917
TRANSPORT WORKERS (DISTRIBUTION FACILITIES)
AWARD 1996
Application by the Transport Workers Union
of Australia
PN164
MR DUFFIN: I appear on behalf of the Transport Workers Union.
PN165
MR RYAN: I seek leave to appear on behalf of Westgate Logistics Pty Limited.
PN166
THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Ryan. Any other appearances in that matter? Very well. Mr Duffin, I should indicate that I have received communication from Linfox and Linfox has no objection to the union making the application in this matter, however, they respectfully request seven days in which to view the draft document to check for any errors, omissions or inconsistencies with the principles established by the Full Bench in the safety net review wages May 2001 decision.
PN167
MR DUFFIN: I received a copy of that letter as well, your Honour. Your Honour, if I could firstly hand up the statement of service in this matter.
PN168
MR DUFFIN: Your Honour, just for completeness, I do not know whether you have got a copy of the letter from Brambles Australia where they refer to a number of awards in this instance. And, in fact, perhaps - - -
PN169
THE SENIOR DEPUTY PRESIDENT: I think I do have one from Brambles.
PN170
MR DUFFIN: This letter certainly addresses the Port Pirie matter that was raised earlier, and the ancillary vehicles.
PN171
THE SENIOR DEPUTY PRESIDENT: Yes, whilst that is being located, or is not located, I will mark the draft order as TWU2.
PN172
THE SENIOR DEPUTY PRESIDENT: I do not have a copy of a letter from Brambles at this stage, Mr Duffin. Do you have a copy of the letter?
PN173
MR DUFFIN: I only have one copy.
PN174
THE SENIOR DEPUTY PRESIDENT: You say they require seven days.
PN175
MR DUFFIN: That is right, your Honour. As with the previous applications this morning, the draft order encloses the safety net adjustment of May 2001, and allowances in accordance with both the expense related component, and also in relation to principle 5. The union again gives the commitment required in principle 8(d) that this safety net adjustment be absorbed and in this instance the operative date is 30 June, I believe, your Honour. Actually it may be 7 July. It should actually be 7 July. That is 12 months from last year.
PN176
THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Duffin. Mr Ryan.
PN177
MR RYAN: Thank you, your Honour. I assume leave is granted.
PN178
THE SENIOR DEPUTY PRESIDENT: Yes, sorry, was there any objection to that?
PN179
MR DUFFIN: There is certainly no opposition.
PN180
THE SENIOR DEPUTY PRESIDENT: Yes, leave is granted.
PN181
MR RYAN: I will break some new ground here today by saying that we have no objection and we do not require seven days to peruse and sign off on it. My only concern is that - my understanding of the Full Bench principles in this area is that you cannot consent to having an award variation back-dated. It can apply from 12 months henceforth but at the date of variation. So I have no problem with the draft order as tabled other than the Commission vary it the first pay period on or after today's date. If the Commission pleases.
PN182
THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Ryan. Mr Duffin, you heard what Mr Ryan had to say about the date. The other issue, of course, is the seven days that is requested by Brambles, which I propose to allow in this case. Again, with the direction that you write to each of the other parties that have been served in the matter, notifying them of the time available to consider the calculations and if they consent to notify the Commission as such. And subject to the parties ultimately consenting and notifying my associate in writing there will be no need for any further appearance in the matter.
PN183
But the operative date, given that there has been an objection taken and they consent, and I think Mr Ryan is right actually, that it cannot really be varied by consent with a post-dated date, I will make the operative date from the date of the variation in that matter.
PN184
MR DUFFIN: I am sorry?
PN185
THE SENIOR DEPUTY PRESIDENT: In that matter I will make the operative date from the date of the variation.
PN186
MR DUFFIN: Very well, your Honour.
PN187
MR RYAN: Can I just clarify that, your Honour, please. Will that be from today's date or?
PN188
THE SENIOR DEPUTY PRESIDENT: No, it will have to be from the date that I actually make the order, and given that Brambles has asked for seven days, well, it will have to be - it will be 19 July.
PN189
MR RYAN: It is often customary in these hearings, your Honour, than an order is issued from today's date unless there is objections taken to the paperwork that is distributed.
PN190
THE SENIOR DEPUTY PRESIDENT: Well, if Brambles does not take any objection that will be the case. But if Brambles take any objection then I cannot issue it from today's date without having heard the objections.
PN191
MR RYAN: No, I appreciate that, your Honour.
PN192
THE SENIOR DEPUTY PRESIDENT: Yes.
C2001/2919
TRANSPORT WORKERS (LONG DISTANCE DRIVERS)
AWARD 2000
Application by the Transport Workers Union
of Australia
PN193
THE SENIOR DEPUTY PRESIDENT: Yes, Mr Duffin, you appear for the TWU in that matter.
PN194
MR DUFFIN: I do, your Honour.
PN195
THE SENIOR DEPUTY PRESIDENT: Any other appearances.
PN196
MR SHEARER: I appear on behalf of the South Australian Road Transport Association and linking contractors.
PN197
MR RYAN: I seek leave to represent ARTIO, Australian Road Transport Industrial Organisation in this matter.
PN198
MS J. WHITECROSS: I appear for the Victorian Employers Chamber of Commerce and Industry, and I represent respondent members in this matter.
PN199
MR J. HOY: I appear for the Australian Industry Group.
PN200
THE SENIOR DEPUTY PRESIDENT: Thank you. Any objection to Mr Ryan's appearance.
PN201
MR DUFFIN: No, your Honour.
PN202
THE SENIOR DEPUTY PRESIDENT: No, leave to appear is granted, Mr Ryan. Yes, Mr Duffin.
PN203
MR DUFFIN: Your Honour, again this is an application to vary an award, in this case it is the Long Distance Drivers Award to take into account the May 2001 safety net adjustment. If I could firstly hand up the statement of service.
PN204
MR DUFFIN: As you can see, the statement of service shows that the application, draft order and hearing notice was sent by registered post on 4 July.
PN205
THE SENIOR DEPUTY PRESIDENT: Yes.
PN206
MR DUFFIN: The draft order includes the safety net adjustment arising from the decision, increases in the work related allowances and the expense related allowances. And there is also an increase - in fact, there isn't an increase. Again the union gives the commitment required in principle 8(d) of absorption in relation to this matter. And there is an increase in relation to the minimum payment under the supported wage system as well, your Honour.
PN207
THE SENIOR DEPUTY PRESIDENT: Yes. And what would be the operative date of that one?
PN208
MR DUFFIN: This one is somewhat less urgent than others, in that it is 24 August.
PN209
THE SENIOR DEPUTY PRESIDENT: Yes. I should indicate that I have received a letter from the ACT and Region Chamber of Commerce and Industry. They confirm that they were provided with a copy of the draft order and they have checked the calculations and date of effect, and are satisfied that the application is consistent with the wage fixing principles. The Confederation of ACT Industry consents to the variation as sought. Sorry to inform Mr Ryan.
PN210
MR RYAN: There is probably not a lot of long distance transport done in Canberra, your Honour, so I am not sure - - -
EXHIBIT #CCI LETTER FROM THE ACT AND REGIONAL CHAMBER OF COMMERCE AND INDUSTRY
PN211
THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Shearer.
PN212
MR SHEARER: Thank you, your Honour. Your Honour, we have not sighted either the draft order nor the basis of the calculations. We have had a discussion with the Transport Workers Union federal secretary, and we are quite happy to come back on this matter, but we would seek seven days to be able to conclude those discussions.
PN213
THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Shearer. I should perhaps indicate too, I will mark that draft order as TWU2, Mr Duffin.
PN214
MR DUFFIN: Thank you.
PN215
THE SENIOR DEPUTY PRESIDENT: Yes, Mr Ryan.
PN216
MR RYAN: Thank you, your Honour. ARTIO has not received, or I have not seen a copy of the draft order, that is not to say ARTIO has not received it. It is simply that ARTIO is in the process of moving office, so it could well be lost. I know from experience that this award is often a difficult award because the Commission awards a flat wage increase of 13, 15 or $17, as the case may be, and flowing it through into this award because of its structure immediately increases the 13, 15 or 17 up to about 18, 20, 22.
PN217
So firstly ARTIO would appreciate the opportunity to have a thorough review of the proposed draft order. Secondly, given the fact that we have a little more time with this, until 24 August, from when the 12 month period expires from when the last variation took place, it would be my suggestion to the Commission that this matter not be listed with the other ones that have been listed for next week, simply because I suspect it will take a little bit longer, and I am sure that there will be some discussions between the industry and the Transport Workers Union over the next week or two on this particular award to try and develop a formula that will last beyond one national wage increase to deal with these proposed movements into the future. If the Commission pleases.
PN218
THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Ryan. Ms Whitecross.
PN219
MS WHITECROSS: If the Commission pleases, the Victorian Employers Chamber of Commerce and Industry on behalf of its members does not in principle oppose the application made by the TWU. As I indicated in my previous submission regarding the Bulk Milk Carters Award, I still have concern with, again, this award with respect to the work related allowances. Again I believe the calculations have been done on the basis of the grade 1. On that basis I would respectfully request seven days with which to discuss with the parties, if the Commission pleases.
PN220
THE SENIOR DEPUTY PRESIDENT: Yes. Mr Hoy.
PN221
MR HOY: Your Honour, I just support the recent two submissions about seeking time to look at the special rates and the expense related allowances. But as far as the wage rates, we have got no objection to that.
PN222
THE SENIOR DEPUTY PRESIDENT: Mr Duffin, I think you also indicated that there is no real urgency with this matter, 24 August being the operative date. Again what I would do is issue the same directions that I have issued in relation to those other matters that have been adjourned. That is, after consultation with the parties, if the parties are prepared to consent to the award being made, if they write to my associate and inform him of that fact and there will be no need for any further appearance. I will adjourn that matter to 3 August - sorry, yes, Friday, 3 August, and a time will be given in the notice of listing that goes out to the parties.
PN223
But could you also write to the other parties that have not appeared here today informing them of the directions.
PN224
MR DUFFIN: Yes, I will, your Honour.
PN225
THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Duffin. I adjourn that matter to 3 August 2001.
C2001/2920
TRANSPORT WORKERS (MILK CARTERS) AWARD
1985
Application by the Transport Workers Union
of Australia
PN226
MR DUFFIN: I appear on behalf of the Transport Workers Union.
PN227
MR HOY: I appear for the Australian Industry Group.
PN228
THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Hoy. Mr Duffin.
PN229
MR DUFFIN: Yes, thank you, your Honour. Again, this is an application by the Transport Workers Union to vary the Milk Carters Award to reflect the 2001 safety net adjustment. The statement of service is that of 4 July copies of the application, draft order and hearing notice of listing were sent by registered post to the respondent.
PN230
MR DUFFIN: The draft order includes the safety net adjustment variations to both work related and expense related allowances.
PN231
MR DUFFIN: Again the union gives the commitment in accordance with principle 8(d) that that matter be absorbed. And the operative date in this matter is 27 July. Anticipating the same submissions from Ms Whitecross, although she has actually gone.
PN232
THE SENIOR DEPUTY PRESIDENT: Mr Hoy.
PN233
MR DUFFIN: Mr Hoy. Again this might be a situation where seven days is - - -
PN234
THE SENIOR DEPUTY PRESIDENT: Yes, perhaps I will ask Mr Hoy if that is convenient.
PN235
MR HOY: Yes, that is sufficient, your Honour.
PN236
THE SENIOR DEPUTY PRESIDENT: Very well, well, I will adjourn this matter till 19 July to be listed with the other matters by video conference. Again the same directions as before, if there is a consent position reached then write a letter to my associate to that effect and if you would also write to the other parties that are not represented here today, Mr Duffin, informing them of those directions.
PN237
MR DUFFIN: Very well, your Honour.
PN238
THE SENIOR DEPUTY PRESIDENT: Thank you.
C2001/2921
TRANSPORT WORKERS (MIXED INDUSTRIES)
AWARD 1984
Application by the Transport Workers Union
of Australia
PN239
THE SENIOR DEPUTY PRESIDENT: Mr Duffin, you appear for the TWU again.
PN240
MR DUFFIN: I do, your Honour.
PN241
THE SENIOR DEPUTY PRESIDENT: Any other appearances in that matter?
PN242
MR SHEARER: I appear on behalf of South Australia Road Transport Association.
PN243
MR J. HOY: I appear for the Australian Industry Group.
PN244
MR R. IRONMONGER: I appear on behalf of VECCI.
PN245
THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Ironmonger. Yes.
PN246
MR DUFFIN: Yes, your Honour. Again, it is an application to vary an award, in this case the Mixed Industries Award. The statement of service is that on 4 July, the copies of the draft order, the application and the hearing notice were sent to the respondents.
PN247
MR DUFFIN: Thank you, your Honour. Again the draft order encloses the safety net adjustment, variations to allowances in accordance with the wage principles, and also an increase in the supported wage system. The union gives the commitment as required in principle 8(d) in relation to the absorption of the safety net adjustment. And this order also has an operative date of 27 July.
PN248
THE SENIOR DEPUTY PRESIDENT: Yes. Thank you, Mr Duffin. Mr Shearer.
PN249
MR SHEARER: Thank you, your Honour. We have certainly received the order in this instance - the draft order in this instance, and have no fundamental difficulty with it. However, we do still have some uncertainties in relation to some of the calculations for the allowances and we would seek seven days to just confirm that with the TWU, but we would anticipate indicating our consent.
PN250
THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Shearer. Mr Hoy.
PN251
MR HOY: Your Honour, as with the other matters, we would seek seven days to discuss with the TWU the method of calculation for the special rates.
PN252
THE SENIOR DEPUTY PRESIDENT: Yes.
PN253
MR IRONMONGER: I do not oppose that course of action, your Honour.
PN254
THE SENIOR DEPUTY PRESIDENT: Sorry, you do not oppose?
PN255
MR IRONMONGER: Oppose that course of action, yes, the seven days.
PN256
THE SENIOR DEPUTY PRESIDENT: Yes. Very well, Mr Duffin, again I make the same directions in relation to this matter that I made in relation to the other matters that have been listed on 19 July. And if you would convey those to the parties that are not represented here today.
PN257
MR DUFFIN: Yes, your Honour.
PN258
THE SENIOR DEPUTY PRESIDENT: I adjourn that matter to 19 July.
[10.05am]
C2001/2927
TRANSPORT WORKERS (PASSENGER
VEHICLES) AWARD 1984
Application by Transport Workers'
Union of Australia
PN259
MR L. DUFFIN: I appear on behalf of the Transport Workers' Union.
PN260
MR R. BRIEN: I appear on behalf on behalf of the Bus Association and the Australian Bus and Coach Association.
PN261
MR J. HOY: I appear on behalf of the Australian Industry Group.
PN262
MR R. IRONMONGER: I appear on behalf of the VECCI.
PN263
THE SENIOR DEPUTY PRESIDENT: Mr Duffy.
PN264
MR DUFFIN: Yes, your Honour. Again, it is an application to vary the Passenger Vehicles Award in this case. If I could hand up the statement of service which provided that the draft order hearing notice and application were provided to the respondents on 4 July.
PN265
THE SENIOR DEPUTY PRESIDENT: Yes, Mr Duffy.
PN266
MR DUFFIN: Again, a draft order includes the safety net adjustment, work related allowances and expense related allowances. The operative date of this matter is 7 July. However, in the actual draft order it has today's date, I believe.
PN267
THE SENIOR DEPUTY PRESIDENT: Yes, today's date on it, yes. I will indicate too, that again the Chamber of Commerce and Industry ACT and Region has written saying that they will consent to the variation as sought - - -
PN268
MR DUFFIN: Thank you.
PN269
THE SENIOR DEPUTY PRESIDENT: - - - and I will mark that exhibit CC1.
PN270
THE SENIOR DEPUTY PRESIDENT: Yes, Mr Brien.
PN271
MR BRIEN: We do not have any problem with this. We are in agreement with the union as far as the rates of pay and the allowance is concerned and the corrected draft. We did have a lot of problems with the original one and if the one we are looking at now is the corrected draft order we have no - we are in agreement with the union as to the increases. We have no problem with that.
PN272
THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Brien.
PN273
MR DUFFIN: I do not know whether you do have the corrected draft order in front of you, your Honour.
PN274
THE SENIOR DEPUTY PRESIDENT: How will I find that out? I have only got one draft.
PN275
MR DUFFIN: I actually only have one corrected version - - -
PN276
THE SENIOR DEPUTY PRESIDENT: I see.
PN277
MR DUFFIN: - - - and I have provided it to Mr Brien this morning to make sure that it was correct. Perhaps - perhaps if I could get some copies of this for the other - - -
PN278
THE SENIOR DEPUTY PRESIDENT: Yes.
PN279
MR DUFFIN: - - - respondents as well.
PN280
THE SENIOR DEPUTY PRESIDENT: Yes.
PN281
MR DUFFIN: Sir, although it is not the most appropriate time perhaps - it might be appropriate just to stand this one down to the - - -
PN282
THE SENIOR DEPUTY PRESIDENT: Yes, that is an idea. I will stand this matter down for five minutes.
C2001/2928
TRANSPORT WORKERS' (REFUSE) AWARD 1988
Application by Transport Workers' Union
of Australia
PN283
MR L. DUFFIN: I appear on behalf of the Transport Workers' Union.
PN284
PN285
MR J. HOY: I appear on behalf of the Australian Industry Group.
PN286
MR R. IRONMONGER: I appear on behalf of VECCI.
PN287
MR DUFFIN: Yes, your Honour. Again, this is the application to vary the Refuse Award. Our statement of service has been prepared which indicates that on 4 July the application draft order and hearing notice was sent by registered mail.
PN288
MR DUFFIN: Thank you, your Honour. You will see that the draft order has variations in relations to the safety net adjustment work related allowances and expense related allowances. The work related allowances have been adjusted in accordance with principle 5 of the Commissions's statement of principles. There is also an increase in the supported wage system from $45 to $53. Again, the union gives the commitment required in the principles. This is a matter where the operative date is 7 July, or the twelve months comes up on 7 July, or came up on 7 July so - we are a little bit out of time unfortunately, by virtue of that.
PN289
THE SENIOR DEPUTY PRESIDENT: Yes. Mr Hoy.
PN290
MR HOY: Thank you, your Honour. Once again we have a problem with the calculation of the special rate and also the difficulty with the wage rates in this matter. It would appear that the $15 amount has been applied to a number of wages rates when there should have been a $13 increase. We would oppose the date of effect being 7 July, however, subject to clarification of the rates and the allowances we would not oppose today's date being the approved date and we would request a period of time to clarify those rates.
PN291
THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Hoy.
PN292
MR IRONMONGER: I make the same submission, your Honour.
PN293
THE SENIOR DEPUTY PRESIDENT: Yes, Mr Ironmonger. Mr Duffin, will you confer with the parties about those particular rates and clarify that position and subject to the parties again providing me or my associate with some written form of consent and the usual directions that I have given today, being passed to the or conveyed to the other parties not represented here today, the matter could be listed on 19 July and if all parties are in agreement about it, the order issuing - it will be offered from today's date.
PN294
MR DUFFIN: I will do that, your Honour.
PN295
THE SENIOR DEPUTY PRESIDENT: Yes, thank you very much. I will adjourn that matter then until 19 July.
C2001/2927
TRANSPORT WORKERS (PASSENGER VEHICLES)
AWARD 1984
Application by Transport Workers'
Union of Australia
PN296
THE SENIOR DEPUTY PRESIDENT: I will mark the corrected version of the draft order as TWU3.
PN297
MR DUFFIN: Thank you, your Honour.
PN298
THE SENIOR DEPUTY PRESIDENT: Before you resume Mr - before we resume that document will not have been provided to the Chamber of Commerce and Industry ACT will it.
PN299
MR DUFFIN: No. No. It has not.
PN300
THE SENIOR DEPUTY PRESIDENT: Thank you.
PN301
MR IRONMONGER: If your Honour pleases, nor VECCI.
PN302
THE SENIOR DEPUTY PRESIDENT: Nor VECCI.
PN303
MR IRONMONGER: We missed out on the distribution, I am afraid.
PN304
THE SENIOR DEPUTY PRESIDENT: Perhaps that can be arranged. I mean the matter is going to have to be adjourned in any event because you are going to have to inform the other parties. Mr Hoy.
PN305
MR HOY: Yes, your Honour. Having received TWU3 I would just make the same submissions that I have made previously - - -
PN306
THE SENIOR DEPUTY PRESIDENT: Yes.
PN307
MR HOY: - - - to request time to consider that matter.
PN308
THE SENIOR DEPUTY PRESIDENT: Seven days?
PN309
MR HOY: Yes.
PN310
THE SENIOR DEPUTY PRESIDENT: Yes, again I make the same directions in relation to this matter as I have in relation to the other matters that have been adjourned to 19 July and I will adjourn this matter until 19 July. Those directions of course include in this particular case, service of the amended draft order TWU3 on each of the parties that have been served in this matter. I will adjourn that until 19 July.
C2001/2934
TRANSPORT WORKERS' AWARD 1988
Application by the Transport Workers'
Union of Australia
PN311
THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Duffin.
PN312
MR DUFFIN: Your Honour, is this the Transport Workers' (1998) Award?
PN313
THE SENIOR DEPUTY PRESIDENT: This is the - yes, the Transport Workers' Award (1998) Common Rule.
PN314
MR DUFFIN: My understanding was that that award had actually been withdrawn. It is the - it is one of the actual vehicles - - -
PN315
THE SENIOR DEPUTY PRESIDENT: Yes.
PN316
MR DUFFIN: - - - for safety net adjustments - - -
PN317
THE SENIOR DEPUTY PRESIDENT: Yes.
PN318
MR DUFFIN: - - - themselves.
PN319
THE SENIOR DEPUTY PRESIDENT: And Commissioner Lewin is issuing that isn't he?
PN320
MR DUFFIN: That is right, as I understand it.
PN321
THE SENIOR DEPUTY PRESIDENT: Can I just indicate to you that in fact that letter that we were looking for from Brambles has found its way onto that pile and I do not think Brambles had anything to do with that file, but in any event I do have a copy of that letter that you showed me earlier and I will put it on the appropriate file or files actually. It refers to six of the matters, yes.
PN322
MR IRONMONGER: If your Honour pleases the Transport Workers' (1998) Award has been the parent award for most transport workers awards. I understand that there has been some conjecture over what the key classification is.
PN323
THE SENIOR DEPUTY PRESIDENT: Yes, but I understand the matter is before Commissioner Lewin and in the event - - -
PN324
MR IRONMONGER: Yes, I am saying - it may assist the Commission that if that award is varied and using that classification of that award that would normally flow through to the rest of the awards and that has been the history of these awards in the last 10 years that I have been appearing before this Commission. So that may give some assistance to the Commission - - -
PN325
THE SENIOR DEPUTY PRESIDENT: Yes.
PN326
MR IRONMONGER: - - - of some other date.
PN327
THE SENIOR DEPUTY PRESIDENT: I will raise that with Commissioner Lewin in any event.
PN328
MR IRONMONGER: Yes, if your Honour pleases.
PN329
THE SENIOR DEPUTY PRESIDENT: Mr Duffin, do you have anything to say about that?
PN330
MR DUFFIN: I do not think there is anything - anything that comes out of that, no.
PN331
THE SENIOR DEPUTY PRESIDENT: Are there any other matters? Well, I thank the parties for their tolerance and assistance and we will see you all on 19 July.
ADJOURNED ACCORDINGLY [10.16am]
INDEX
LIST OF WITNESSES, EXHIBITS AND MFIs |
EXHIBIT #TWU1 STATEMENT OF SERVICE PN11
EXHIBIT #TWU1 STATEMENT OF SERVICE PN53
EXHIBIT #TWU2 DRAFT ORDER PN65
EXHIBIT #TWU1 STATEMENT OF SERVICE PN80
EXHIBIT #TWU2 DRAFT ORDER PN81
EXHIBIT #TWU1 STATEMENT OF SERVICE PN100
EXHIBIT #TWU2 DRAFT ORDER PN103
EXHIBIT #TWU1 STATEMENT OF SERVICE PN113
EXHIBIT #TWU2 DRAFT ORDER PN113
EXHIBIT #TWU1 CORRECTED DRAFT ORDER PN148
EXHIBIT #TWU2 STATEMENT OF SERVICE PN148
EXHIBIT #TWU1 STATEMENT OF SERVICE PN159
EXHIBIT #TWU2 DRAFT ORDER PN160
EXHIBIT #L1 LINFOX LETTER PN168
EXHIBIT #TWU1 STATEMENT OF SERVICE PN168
EXHIBIT #TWU2 DRAFT ORDER PN172
EXHIBIT #TWU1 STATEMENT OF SERVICE PN204
EXHIBIT #CCI LETTER FROM THE ACT AND REGIONAL CHAMBER OF COMMERCE AND INDUSTRY PN211
EXHIBIT #TWU2 DRAFT ORDER PN214
EXHIBIT #TWU1 STATEMENT OF SERVICE PN230
EXHIBIT #TWU2 DRAFT ORDER PN231
EXHIBIT #TWU1 STATEMENT OF SERVICE PN247
EXHIBIT #TWU2 DRAFT ORDER PN247
EXHIBIT #TWU1 STATEMENT OF SERVICE PN265
EXHIBIT #TWU2 DRAFT ORDER PN265
EXHIBIT #CC1 LETTER FROM CHAMBER OF COMMERCE AND INDUSTRY PN270
EXHIBIT #TWU1 STATEMENT OF SERVICES PN288
EXHIBIT #TWU2 DRAFT ORDER PN288
EXHIBIT #TWU3 CORRECTED VERSION OF DRAFT ORDER PN297
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