C2001/2900, Transcript of Proceedings [2001] AIRCTrans 2242 (4 September 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 8974

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C2001/2900

TRANSPORT WORKERS (OIL COMPANIES)
AWARD 1988

Application under section 113 of the Act
to vary the above award re Safety Net Review -
Wages May 2001

MELBOURNE

9.05 AM, FRIDAY, 17 AUGUST 2001

Continued from 3.8.01

PN514

MS S. LEARMONTH: I appear on behalf of the Transport Worker's Union.

PN515

THE SENIOR DEPUTY PRESIDENT: Ms Learmonth, there have been a number of communications made to my office from the various parties, indicating that they have no objection to the variation. There are a couple of questions that I have, though, if you would not mind. First of all in relation to the definitions of articulated vehicle converter dolly driver and so on, how do they relate to a variation in terms of safety net review?

PN516

MS LEARMONTH: Your Honour, maybe if I can just go back a few steps. This award when it was - when it was originally made, it did have some rates in it, and there has been a number of subsequent decisions and it is also, the award has also been simplified. And when the award was simplified back in 1998, there were not any rates of pay in the award and the TWU ran a case to try to convert the paid rates in the Oil Agent's Contractors Award and the Full Bench of the Commission on its own motion inserted the classification structure in the Oil Agent's Contractors Award into the Oil Company's Award. And that occurred in July of last year. As a result of that, the - the oil companies didn't consent to that being inserted into the Oil Company's Award, they would prefer that there be no rates at all in the Oil Company's Award; and we of course would like to see rates in the Oil Company's Award.

PN517

So what we have done on this occasion, perhaps before I say that, the Oil Agent's Contractors Award only, the rates of pay only go, only include the arbitrator's safety net up to 1998. So we are seeking the arbitrator's safety net adjustment for '99, 2000 and 2001 in this application. What we also did through the discussions that occurred in the last probably six weeks or so, was to try and get the classification structure to a point where it was far more relevant to the industry in which this award applies. This award tends to apply to the oil companies, the fleet driving section of the oil companies. So where, for example, Mobil brings its fuel into a particular site and then the drivers take it out from that site. So that is the first section of this award. The second section relates to aviation, that is the refuelers.

PN518

And so, the classification structures in both sections of the Oil Company's Award was exactly the same as that in the Oil Agent's Contractors. So what we have virtually done in this variation, is to seek to split up the classification structure so that it is relevant to each section of the award, so that the driving section of the classification structure is only relevant to part 1, the aviation is only relevant to part 2.

PN519

So as a result of these discussions, and because the award, when it was made in - well, the simplified version of it was handed down in 1998, there were no definitions in the award that were relevant to the classification structure. So if a dispute arose, you couldn't go back to a definition. These definitions here are exactly the same as what is in the Oil Agent's Contractors Award. And so we just - the oil companies and myself felt, in trying to make the award relevant and the classification structures relevant, that it was important to also insert the definitions. We could certainly make a separate application to insert those definitions.

PN520

THE SENIOR DEPUTY PRESIDENT: Well, I do not know that that is necessary, all of the parties have had an opportunity to examine this document and, as I say, do not object to the order for variation being made. But I just wondered then, whether the description or definition at the top of the order ought to be expanded. It just says wages and allowances May 2001 safety net review. It seems to me that that perhaps ought to incorporate some reference to the fact that it is being varied in other respects.

PN521

MS LEARMONTH: Yes.

PN522

THE SENIOR DEPUTY PRESIDENT: Do you have any suggestion as to what might be incorporated there? It is not conditions of employment as such, is it?

PN523

MS LEARMONTH: No, no, it is simply just trying by way of explanation to refer back to the classification structure in the award under, and under the wage rates. So it is really just trying to assist in making the award relevant.

PN524

THE SENIOR DEPUTY PRESIDENT: Clarifying it, yes.

PN525

MS LEARMONTH: Yes.

PN526

THE SENIOR DEPUTY PRESIDENT: All right. Well, there is nothing in particular you want to insert there?

PN527

MS LEARMONTH: Nothing that I can think of off the top of my head, your Honour.

PN528

THE SENIOR DEPUTY PRESIDENT: The only thing is, you said, that in fact this incorporates the safety net review, says it for '98, '99.

PN529

MS LEARMONTH: '99 - - -

PN530

THE SENIOR DEPUTY PRESIDENT: And 2000.

PN531

MS LEARMONTH: - - - '99, 2000 and 2001. It had, because the original classification in the award as it currently exists was a direct hand down from the early ages of contractors award. That included the 1998 safety net adjustment, so we are just trying to bring this up to speed so that it is up with all the rest of them.

PN532

THE SENIOR DEPUTY PRESIDENT: But should that not go to a Full Bench?

PN533

MS LEARMONTH: My understanding of the principles is that if it is actually not going to - if there is not going to be an increase to the employers- - -

PN534

THE SENIOR DEPUTY PRESIDENT: And it is consent to.

PN535

MS LEARMONTH: And it is by consent, then it is allowable, that is my understanding of the principles.

PN536

THE SENIOR DEPUTY PRESIDENT: All right. Is there anything else you want to say?

PN537

MS LEARMONTH: No. The only thing that I would say, is that it does also increase the work related allowances, the expense related allowances and the supported, the supported wage payment as well.

PN538

THE SENIOR DEPUTY PRESIDENT: All right. Now, I have received an updated version of the draft order. Do you have a fresh copy there, just so that we can be sure that we are working off the right document?

PN539

MS LEARMONTH: I did forward one to your associate yesterday before close of business, so.

PN540

THE SENIOR DEPUTY PRESIDENT: I do have that in front of me, but on the last occasion we got some forwarded to us on the morning of the hearing and they all appeared, or a number of them appeared to be incorrect, so I just wanted to confirm that the document that I have is the correct document. Perhaps I could pass it down to you and you can - - -

PN541

MS LEARMONTH: That might be better, because I only have one copy of this today.

PN542

THE SENIOR DEPUTY PRESIDENT: - - - have a look whether or not it is the correct document.

PN543

MS LEARMONTH: Thank you.

PN544

THE SENIOR DEPUTY PRESIDENT: Is that the correct document?

PN545

MS LEARMONTH: That is the correct document.

EXHIBIT #TWU3 REVISED DRAFT ORDER

PN546

THE SENIOR DEPUTY PRESIDENT: And perhaps for the record I will just indicate the parties that have notified me in writing that they have - or they accept the revised draft order. I have received a communication from ESSO, dated 16 August 2001. I have also received a fax from the Shell Company of Australia Ltd saying that they have no objection to the order in its draft form. And also a communication from BP Australia Ltd, and Caltex Australia Ltd, indicating that they have no objection to the order in its draft form. And on that basis, in respect of the application to vary the Transport Workers Oil Companies Award 1998 to take account of wages and allowances in the May 2001 safety net review and the 1999 and 2000 safety net adjustments. I will make an order to that effect. And the variation will operate in effect from the first pay period which commenced on or after 17 August 2001. Is there anything else?

PN547

MS LEARMONTH: I am glad we got there.

PN548

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you very much for your assistance.

PN549

MS LEARMONTH: Thank you.

ADJOURNED INDEFINITELY [9.17am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #TWU3 REVISED DRAFT ORDER PN546