C2001/3820, Transcript of Proceedings [2001] AIRCTrans 2011 (23 August 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

JUSTICE BOULTON

C2001/3820

CLEANING SERVICES - SPOTLESS SERVICES
AUSTRALIA/ALHMU - OUTDOOR FACILITIES
CONSENT AWARD 1998

Application by the Australian Liquor, Hospitality and
Miscellaneous Workers Union pursuant to section 113 of the
Act to vary re parental leave and supported wage system

SYDNEY

10.44 AM, WEDNESDAY, 1 AUGUST 2001

PN1

HIS HONOUR: Can I have the appearances, please?

PN2

MS S. BENNETT: If the Commission pleases, I appear on behalf of the Australian Liquor, Hospitality and Miscellaneous Workers Union.

PN3

HIS HONOUR: It would appear there is no appearance on behalf of the employer. Ms Bennett?

PN4

MS BENNETT: If the Commission pleases, this is an application to vary the Cleaning Services - Spotless Services Australia/ALHMWU Outdoor Facilities Award 1998 to insert the recently determined test case standard extending parental leave to eligible casuals and also in addition this application seeks to update the minimum wage paid under the supported wage provision of this award.

PN5

This application is justified in that it seeks to provide equitable provision of parental leave to full time, part time and long term casual employees and it seeks to increase the minimum wage paid under the supported employment provision of the award to reflect the income test free area specified by the disability support pension.

PN6

The application is consistent with the principle object of the Workplace Relations Act 1996 and it seeks to maintain the award at a level relevant pursuant to s88(b) of that Act.

PN7

If the Commission pleases, I wish to hand up the final orders sought by the union in this matter.

PN8

HIS HONOUR: Yes, I will mark that exhibit B1.

EXHIBIT #B1 FINAL ORDERS SOUGHT BY THE UNION

PN9

HIS HONOUR: Yes.

PN10

MS BENNETT: Once again, your Honour, if we could have a further 14 days to provide fresh orders to the Commission in order that we may ensure that they are consistent with the orders that are issued by Senior Deputy President Acton's office.

PN11

HIS HONOUR: Yes, thank you. On the basis of what has been filed and submitted the award will be varied as sought by the union. The operative date will be the first pay period commencing on or after today. The union will have 14 days to confirm the form of the variation so that it conforms with the final award made in the test case proceedings. Yes, that concludes this matter.

ADJOURNED INDEFINITELY [10.47am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #B1 FINAL ORDERS SOUGHT BY THE UNION PN9