C2001/3433, Transcript of Proceedings [2001] AIRCTrans 1844 (8 August 2001)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N 8508

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C2001/3433

HEALTH SERVICES UNION OF AUSTRALIA
(ALZHEIMERS ASSOCIATION VICTORIA)
AWARD 1994

Application under section 113 of the
Act to vary an award re safety net
review - wages May 2001

MELBOURNE

2.02PM, FRIDAY, 20 JULY 2001

PN1

MR C. HOUSTON: I appear on behalf of the HSUA. Appearing with me is MR DAVID HAYNES.

PN2

MS J. WHITECROSS: I appear on behalf of the Alzheimers Association of Victoria. With me is MS E. BAREKET.

PN3

THE SENIOR DEPUTY PRESIDENT: Well, this is an application to vary an award in accordance with the safety net review decision. Mr Houston, what is your application.

PN4

MR HOUSTON: Thank you. The application is to vary the award in a manner consistent with the decision of the Commission in the 2001 safety net review on 2 May, in relation to wages, allowances and service increments. The Senior Deputy President issued a notice of hearing on the application on 3 July. On 5 July the union sent the notice of listing for today, and the application to vary and the union's draft orders. I now table a record of each - of the facsimile transmission.

EXHIBIT #HSUA1 SERVICE DOCUMENTS

PN5

MR HOUSTON: I now wish to table a draft - - -

PN6

THE SENIOR DEPUTY PRESIDENT: Sorry, just before you do - - -

PN7

MR HOUSTON: Yes.

PN8

THE SENIOR DEPUTY PRESIDENT: - - - I see, what you have given to me is the facsimile transmittal sheet that was sent to the employers but what was sent to the employers was also the notice for listing of the - something called additional AIRC documentation - what is that?

PN9

MR HOUSTON: That is your - let me just check through that - that would have been the notice of listing and the draft order. I think that was all the documents that would have been sent through, and the application itself.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes. Yes. Very well. Yes, that is exhibit HSUA1 and that is a facsimile transmittal sheet.

PN11

MR HOUSTON: I will address the orders in relation to the statement of principles. This award was varied in relation to the safety net adjustment, wages May 2000 decision on 17 July 2000. The operative date sought by the union in the draft orders is the first pay period beginning on or after 17 July 2001, thus meeting the requirements for the principles. The union also gives commitments as to absorption of the safety net adjustment increase as required by subclause (d) of the principle on arbitrated safety net adjustments and notes that the off-setting clause required under subclause (e) is included in the draft order.

PN12

The award contains a Federal Minimum Wage clause and the revised order contains a provision to identify this rate as $413.40. The clause is as required under the principles. The draft order provides for the wage rates to be varied by $13, $15 or $17 in accordance with the safety net adjustment decision and all allowances have been varied, as provided by the safety net decision - safety net adjustment decision. No change has been made in the order I table today. I appreciate that other parties may require some further consideration of the order. Accordingly I ask that the - seek that the application be granted effective from 17 July, subject to confirmation of any corrections that need to be made to the draft order within the next seven days.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Houston. Ms Whitecross.

PN14

MR HOUSTON: That is the copy of the draft order which is as I described earlier.

PN15

THE SENIOR DEPUTY PRESIDENT: There is no difference - - -

PN16

MR HOUSTON: There are no changes.

PN17

THE SENIOR DEPUTY PRESIDENT: - - - no changes to that.

EXHIBIT #HSUA2 COPY OF DRAFT ORDER

PN18

THE SENIOR DEPUTY PRESIDENT: Ms Whitecross.

PN19

MS WHITECROSS: Your Honour, the Victorian Employees Chamber of Commerce and Industry does not oppose, in principle, the application made by the HSUA. However, the Alzheimers Association had not notified us prior to this hearing that the matter was to be listed today so I have not had the opportunity to check the draft order and would respectfully request seven days on the Association's behalf to do so, if the Commission pleases.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Thank you, Ms Whitecross. Having heard the - having heard Mr Houston, on behalf of the HSUA it appears to me that the draft order that was submitted with the application conforms with the safety net review principles and I will give VECCI seven days in which to check the draft order to ensure that the calculations have been made appropriately and in accordance with the principles in relation to increases in wage rates and allowances. The commitment has been given by the union and accordingly unless I hear to the contrary within seven days I will make the variation as sought with an operative date of 17 July 2001.

ADJOURNED INDEFINITELY [2.08pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #HSUA1 SERVICE DOCUMENTS PN5
EXHIBIT #HSUA2 COPY OF DRAFT ORDER PN18