C0055/899, Transcript of Proceedings [2001] AIRCTrans 191 (9 March 2001)

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:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 6159

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOLMES

C NO 00558 OF 1999

ALPINE RESORTS (THE AUSTRALIAN
WORKERS' UNION) AWARD 1997

REVIEW UNDER SECTION 51, ITEM 51,
SCHEDULE 5, TRANSITIONAL WROLA ACT
1996 RE CONDITIONS OF EMPLOYMENT

MELBOURNE

12.04 PM, MONDAY,19 FEBRUARY 2001

CONTINUED FROM 27.10.00

PN56

THE COMMISSIONER: I suppose the best thing to do is for me to get you to place on the record what you - how you see us proceeding today. I gather there has been some discussion with my associate, etcetera, but I would like it - if you would indicate on the record how we should proceed, Mr Borowick.

PN57

MR BOROWICK: Commissioner, there are a number of documents floating around this morning and there is some confusion in the minds of the parties. The Australian Workers' Union seek the benefit of a short conference. And if we can - we are confidence we can knock out most of the anxieties at that point and hopefully proceed to finality today. If the Commission pleases.

PN58

THE COMMISSIONER: Yes, Ms Kennedy.

PN59

MS KENNEDY: That would be a suitable way to proceed, I think, Commissioner.

PN60

THE COMMISSIONER: Thank you. We will adjourn into conference. I was proposing that we keep - ask the Court reporter to remain and if there are agreements reached - or there is disagreement on particular clauses, we can have a transcript restricted to the parties and the Commission - made available in due course. Okay.

OFF THE RECORD

PN61

THE COMMISSIONER: As a result of discussions between the parties the arrangements clause - clause 2 has been amended in relation to paragraph 9 - part three of paragraph 9 which sets out the employment categories. A definition has been inserted at 9.2 and sets out the term - the definition of full time employees as agreed during proceedings last time at paragraph 44. In relation to paragraph - sorry, clause 8.1.3 and 8.1.4 the wording will be revised so that it provides for a union official and/or a workplace representative to appear in both of those clauses. In relation to the question of whether there is a clause - in that clause is inserted the process for the election of workplace representatives or worksite representatives to be further discussed between the parties today. We will go off the record.

PN62

Can I take you back to 7.2, as a result of a dispute finding - whether schedule A is needed or -

OFF THE RECORD

PN63

THE COMMISSIONER: In relation to clause 7.7 which deals with the parties bound - there is some uncertainty as to whether in fact there is one or three employers. As a consequence, the representative of the employers, Ms Kennedy, will consult with the union and both parties will advise me of the outcome of their discussion, the intention being to cite all parties in sub clause 7.2, not in the schedule of the award, as is currently the case. Off the record.

OFF THE RECORD

PN64

THE COMMISSIONER: In light of that there will be a need to amend the wording of clause 6. Off the record.

PN65

MS KENNEDY: Excuse me, Commissioner. There may be a need to amend other clauses.

OFF THE RECORD

PN66

THE COMMISSIONER: As a consequence actually of those discussions it may well be that there are a number of other clauses which currently make reference to schedule A which may as a consequence need to be amended and presumably reference will be made to clause 7 to deal with that issue. Go off the record, thank you.

OFF THE RECORD

PN67

THE COMMISSIONER: 10.3.1 as amended in this draft is agreed between the parties. Off the record.

OFF THE RECORD

PN68

THE COMMISSIONER: In relation to clause 20.1.3 it is agreed that the revised 20.1.3(b) be further amended by including after the word, "Second" - "And following years of service." And that that sub sub sub clause end with a full stop. That sub sub sub clause 20.1.3(c) be deleted and similarly sub clause - sub sub clause 20.1.4 be deleted. Off the record.

OFF THE RECORD

PN69

THE COMMISSIONER: In clause 20, in light of the definition of seasonal employees' entitlements in clause 9, reference to seasonal employee should be deleted. Off the record.

OFF THE RECORD

PN70

THE COMMISSIONER: Clause 24. The reference in both instances to Mount Hotham Skiing Company Pty Ltd is to be replaced with the word - words, "Employer at Mount Hotham." Off the record.

OFF THE RECORD

PN71

THE COMMISSIONER: In relation to this award there are a number of issues in light of this morning's discussions which remain to be finalised. They are the employers who are to be parties to the award. The text in relation to parental - sorry, carer's leave. The operative date being prospective and the need to include a super session clause and for the award to be dated 2001. It is the intention of the Commission to prepare a further draft which will be circulated to the parties so that they can advise whether they have any concerns with the text. That will be done as soon as we are able.

PN72

And the intention is that, if the response from the parties in writing is concurrence with the award or that if there are any changes sought that both parties agree, then subject to the Commission considering those views, the intention will be to issue the award without the need for further conference with the union. Thank you.

ADJOURNED INDEFINITELY [1.02pm]