C2001/3948, Transcript of Proceedings [2001] AIRCTrans 2121 (29 August 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 8781

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

JUSTICE BOULTON

C2001/3948

AIRPORT EMPLOYEES AWARD 1999

Application under section 113 of the Act
by the Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union to vary
the above award to reflect industry safety net
conditions of employment

MELBOURNE

3.05 AM, WEDNESDAY, 8 AUGUST 2001

PN1

MR G. WHITEHEAD: I am appearing for the Australian Manufacturing Workers Union and I also have an authority to appear for the Association of Professional Engineers, Scientists and Managers of Australia. I will hand up a letter from them authorising that, if you wish, Commissioner, your Honour. Can I also just indicate that I understand that you may have received, or your associate may have received information late this afternoon that the CPU, Mr Sweeten, CPU, on behalf of that union, supports the application and apologise for not attending but I just point out, your Honour, that I haven't got instructions to appear for the CPU.

PN2

HIS HONOUR: Yes. The message that I got was that the CPU support the application that has been made by the AMWU.

PN3

MR G. AMOROSO: I appear on behalf of Australia Pacific Airports (Melbourne) Pty Ltd.

PN4

HIS HONOUR: Thank you. Yes, Mr Whitehead.

PN5

MR WHITEHEAD: Your Honour, this application before you is seeking the variation of the Airports Employees Award 1999, Airport Employees Award 1999, to reflect a decision of the Full Bench in the Safety Net Review of Wages, May 2001, reported in print, PROO/2001. Your Honour, the AMWU wrote to the parties to this award on 20 July 2001 advising them of a number of things, advising that we were making the application, enclosing a copy of that application plus draft order. We also set out in that order the methodology of adjustment for wage rates and allowance and we invited the parties to comment and indicate a view. I will hand up a copy of that letter and the attachments, your Honour.

PN6

HIS HONOUR: Yes. Thank you.

EXHIBIT #WI LETTER AND ATTACHMENTS

PN7

MR WHITEHEAD: Thank you. In relation to the - I just comment at this point, your Honour, in relation to the methodology, the letter sets it out pretty well. What we mean there is that in regard to wages, the methodology in relation to the application for $13, $15 and $17 per week, to the appropriate clauses, in relation - that refers to the paragraph 140 of the Full Bench decision. In relation to the allowances the methodology there refers to the principle 5(d) of the wage fixing principles at page 53 of the decision. I would also point out, your Honour, at this point that this application, if it were granted, there would no increase in the actual wage rates paid. So that complies with principle 8(c) at page 55 of the decision.

PN8

On 30 July, your Honour, the AMWU received a notice of listing of this matter for hearing and we, on 31 July, then advised all the parties by registered post, setting out the time, date and place of the hearing and we also attached a further copy of the application and the draft order. I will just hand up for the file a copy of the receipt for post and the attachments that went with it, with the letter, the notice of hearing and so on.

PN9

HIS HONOUR: Yes. I will place those on the file.

PN10

MR WHITEHEAD: Your Honour, in relation to employer responses to the letter we sent, there was no response received prior to the listing, matter being listed, but on 3 August we received a letter from Mr David Davies, dated 2 August, David Davies representing the Ausgroup Consulting or actually that organisation representing three of the managements of the airports namely Bankstown Airport Limited, Essendon Airport Limited and the Sydney Airports Corporation Limited. In that letter from Mr Davies he indicated that he concurred with the methodology, the adjustment wage and allowances and I think you could say that - it would be fair to say that the thrust of the letter was one of concurrence with the application and I understand you have a copy of that but I will hand up another copy, your Honour, just for the file. Your Honour there is one matter that the unions - - -

PN11

HIS HONOUR: I am not aware that we did receive a copy of that.

PN12

MR WHITEHEAD: That exhibit I just handed up, your Honour, is a letter to the AMWU from David Davies and a copy of the letter sent to you so are we doubling up or not? Is the Commission with me?

PN13

HIS HONOUR: Yes, well it doesn't - it isn't on the file so I haven't received it - - -

PN14

MR WHITEHEAD: That is interesting.

PN15

HIS HONOUR: - - - but I will mark the two letters as exhibit W2.

EXHIBIT #W2 TWO LETTERS

PN16

MR WHITEHEAD: Thank you. Your Honour, there is one matter that - one important manner the unions are required to do and that is to - that is in relation to principle 8(d), both the AMWU and APESMA give the commitment in relation to that matter and that is the absorption of the safety net adjustments if they go ahead into the actual rates that are being paid so that the outcome is - I suppose you say, cost neutral. We give that commitment and that commitment is spelt out in item 5 of the application to vary and refers to sub-clause 11, 1.7 of the actual award.

PN17

One further matter that I would submit to the Commission is that in regard to the date of effect of the - any increase that comes out of this application, both the AMWU and APESMA submit or request that the order be made and the increases take effect from the first pay period commencing on or after 15 August 2001 and that is 12 months after the application or the operation of the previous safety net adjustment. It just so happens that it is. One final point, your Honour, the AMWU and APESMA, therefore in view of all that, we believe we have complied with the requirements and we request the Commission grant the application and issue an order to give effect to that decision in the terms of the draft order which is before the Commission, if the Commission pleases.

PN18

HIS HONOUR: Yes. Thank you. Mr Amoroso.

PN19

MR AMOROSO: Your Honour, the company has had an opportunity to review the draft order and given that it is in compliance with the safety net adjustment decision it consents to the variation.

PN20

HIS HONOUR: Thank you. Yes, on the basis of what has been filed and submitted the requirements of the principles for making the adjustments to this award have been met. Accordingly the award will be varied as sought by the AMWU. The operative date for the variations will be the first pay period commencing on or after 15 August of this year. That completes this matter. Thank you.

ADJOURNED INDEFINITELY [2.42pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #WI LETTER AND ATTACHMENTS PN7
EXHIBIT #W2 TWO LETTERS PN16