C2001/3157, Transcript of Proceedings [2001] AIRCTrans 1879 (8 August 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 8533

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HINGLEY

C2001/3157

TRANSPORT WORKERS (CONTRACTORS
TO REGIONAL AIRLINES) AWARD 2001

Application under section 113 of the Act
by the Transport Workers Union of
Australia to vary the above award re Safety
Net Review - Wages May 2001, allowances and
supported wage payments

MELBOURNE

10.00 AM, MONDAY, 23 JULY 2001

PN1

MS J. TISDALE: I appear on behalf of the Transport Workers Union.

PN2

THE COMMISSIONER: Thank you. Yes, do you want to address me on this matter?

PN3

MS TISDALE: Thank you, Commissioner. This is an application by the Transport Workers Union to vary the Transport Workers (Contractors to Regional Airlines) Award 2001. Copies of the union's application, draft order and the notice of listing were sent by registered post to the award's respondents on 17 July 2001. I have a statement of service that I can hand up.

EXHIBIT #TWU1 STATEMENT OF SERVICE ON RESPONDENTS

PN4

MS TISDALE: The union's draft order includes the arbitrated safety net adjustment arising out of the Safety Net Review - Wages May 2001 decision. The award doesn't contain any allowances for provisions for supported wage system, so we weren't seeking to increase those in relation to this award. The union gives the commitment required in principle 8D as to the absorption of the safety net adjustment. We are seeking an operative date of 7 July 2001, which is 12 months since the award was last varied for safety net increases. I think there was an error in the draft order I e-mailed to your Associate this morning which had the operative date we were seeking as 30 June.

PN5

THE COMMISSIONER: But it is 7 July.

PN6

MS TISDALE: That is correct.

EXHIBIT #TWU2 DRAFT ORDER

PN7

MS TISDALE: That is all, unless there are questions. We would seek the order made in the terms sought, if the Commission pleases.

PN8

THE COMMISSIONER: Have those amounts that you have calculated there in draft order TWU2, can you confirm them as correct and have they been referred to respondents for confirmation?

PN9

MS TISDALE: They have. I can confirm them as correct. This award underwent simplification very recently and I calculated the rates in the award, turning the increments into residuals, and did the calculations myself in relation to that increase, and the draft order with those rates has been served on each of the respondents to the award.

PN10

THE COMMISSIONER: Right.

PN11

The Commission is satisfied that this draft order seeking to vary the award to include the Safety Net Review decision is consistent with that decision and consistent with the principles of this Commission. The Commission also notes that the date of operation will provide for the 12 months required and that the draft order includes the necessary absorption clause. Accordingly, the award will be varied in terms of the draft order and that variation will come into force from 7 July 2001 and continue in force for a period of six months. This matter is adjourned.

ADJOURNED INDEFINITELY [10.03am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #TWU1 STATEMENT OF SERVICE ON RESPONDENTS PN4
EXHIBIT #TWU2 DRAFT ORDER PN7