C2001/4013, Transcript of Proceedings [2001] AIRCTrans 2077 (23 August 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 60-70 Elizabeth St SYDNEY NSW 2000
DX1344 Sydney Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

JUSTICE BOULTON

C2001/4013

DREDGING INDUSTRY (AWU) AWARD 1998

Application pursuant to section 113 of the
Act by The Australian Workers Union to vary re
safety net review - wages May 2001

SYDNEY

9.34 AM, MONDAY, 6 AUGUST 2001

PN1

HIS HONOUR: Good morning, can I have the appearances, please?

PN2

MR G. BEARD: I appear on behalf of the Australian Workers Union.

PN3

MR D. DAVIES: I appear on behalf of the members of the Dredging Industry Industrial Secretariat who are the respondents to this award.

PN4

HIS HONOUR: Thank you. Mr Beard?

PN5

MR BEARD: For the record I can advise you that all of the respondents to the award were advised of today's hearing through correspondence forwarded on 24 July this year. The correspondence included the copy of the draft order, allowance schedule and obviously the details in regard to today's hearing. The correspondence was forwarded by registered post and a statement to that effect together with a copy of the covering letter and the receipt for registered post have been prepared for your file. I also take the opportunity, your Honour, to hand to you a copy of the draft order and allowance schedule.

EXHIBIT B1# COPY OF DRAFT ORDER AND ALLOWANCE SCHEDULE

PN6

MR BEARD: The application, your Honour, seeks to vary the award in regard to the safety net review decision of May 2001. The draft order increases the wage rates in accordance with that decision and you'll note that at item 3 on page 2 of the draft, the commitment to the absorption of over award payments as required by the Full Bench decision is inserted into the award and also the union gives its further commitment on transcript in regard to that matter.

PN7

The allowances, your Honour, have been increased in accordance with the principles from the furnishing glass industries allowance decision and that is clearly set out in the allowance schedule. The award was varied for the safety net of May 2000, your Honour, in fact it was the Commission as presently constituted which ratified last year's safety net. It was recorded at print S7561 and was operative from 7 July 2000. You'll note that the operative date sought in the draft orders today is from the first pay period commencing on or after today's date and to remain in force for a period of six months, obviously there be 12 months lapse between the safety nets as required by the safety net has been fulfilled.

PN8

HIS HONOUR: Is that correct, did I do the last one, because I seem to have a copy of an order by Commissioner Raffaelli.

PN9

MR BEARD: Was that in regard to the expense related allowances, your Honour, rather than the safety net?

PN10

HIS HONOUR: Yes, yes, it does look like it.

PN11

MR BEARD: That would have been operative from 17 September last year.

PN12

HIS HONOUR: Yes, but the other one was by me and it was operative from July.

PN13

MR BEARD: That's correct. I've had the opportunity of discussing the draft with Mr Davies and I inform the Commission that agreement has been reached in regard to the terms of the draft. Accordingly I'd ask that an order be issued in due course, if it please your Honour.

PN14

MR DAVIES: Thank you, your Honour. I can confirm that Mr Beard and I have conferred about the form of the order that's been handed up this morning. My clients agree that the application sought by the union today is consistent with the provisions of the safety net adjustment decision of 2001 and we do not oppose a variation of the award in the terms sought and I can confirm that our records indicate that the matter was last before you in relation to the 2000 safety net adjustment application and effective from 7 July 2000.

PN15

HIS HONOUR: Unfortunately I can't remember all these matters.

PN16

MR DAVIES: Well, you obviously impress us more than we impress you, your Honour, I quite understand.

PN17

HIS HONOUR: There's nothing further is there, Mr Beard?

PN18

MR BEARD: No, your Honour.

PN19

HIS HONOUR: On the basis of what's been filed and submitted the award will be varied as sought by the union and as agreed by the employers represented. The operative date for the variation to the wages and the allowances will be the first pay period commencing on or after today. That completes the matter, thank you.

ADJOURNED INDEFINITELY [9.45am]