C2001/4508, Transcript of Proceedings [2001] AIRCTrans 2503 (1 October 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

C2001/4508
C2001/4510
C2001/4513

FOOD, BEVERAGES AND TOBACCO INDUSTRY - PEPSI
SEVEN-UP BOTTLERS AUSTRALIA PTY LIMITED AWARD 1998

GYPSUM, PLASTERBOARD AND PLASTER OF PARIS
MANUFACTURING INDUSTRY - GYPSUM PRODUCTS INDUSTRY
AWARD 1999

FOOD, BEVERAGES AND TOBACCO INDUSTRY - AERATED WATERS - GENERAL AWARD 1998

Applications pursuant to section 113 of the Act
by the Australian Liquor, Hospitality and
Miscellaneous Workers' Union to vary re
parental leave to eligible casual employees
and supported wage system

SYDNEY

11.20 AM, THURSDAY, 6 SEPTEMBER 2001

PN1

THE VICE PRESIDENT: Can I have the appearances, please?

PN2

MS S. BENNETT: If the Commission pleases, I appear on behalf of the LHMU. With me is Ms L. McDONALD.

PN3

THE VICE PRESIDENT: Thank you, Ms Bennett. In relation to the gypsum products matter I have received correspondence from CSR indicating they have no objection to the application save for the removal of the reference to labour hire companies, which I understand is something that has been done, in any event, but I'll come back to that. In relation to the Food, Beverages and Tobacco - Aerated Waters Award, I've received correspondence from Australian Business Industrial indicating that they agree or consent to the variation. Ms Bennett?

PN4

MS BENNETT: Thank you. This is an application to vary the Food, Beverages and Tobacco Industry - Aerated Waters - General Award 1998, the Food, Beverages and Tobacco Industry - Pepsi Seven-Up Bottlers Australia Pty Limited Award 1996 and the Gypsum Plasterboard and Plaster of Paris Manufacturing Industry - Gypsum Products Industry Award 1999 to insert the recently determined test case standard extending parental leave to eligible casuals as per PR904631. In addition, this application seeks to update the minimum wage paid under the supported wage provision of the award to reflect amendments to the test clause as determined by the Full Bench decision in PR904196.

PN5

The application is justified in that it seeks to provide equitable provision of parental leave to full time, part time and long term casual employees. In relation to the application to update the minimum wage, it seeks to bring the minimum wage in line with the income test free area. The application provides for flexibility and efficiency in the operation of the award in regards to the labour market and the operation of the award and is consistent with the principle object of the Workplace Relations Act. If the Commission pleases, I'll hand up the final orders sought by the union in all the matters. I just note for the Commission that the only one I have varied from those orders that were faxed through was the Gypsum Products which, following correspondence from the employer, I agree that being a single employer award, I've got no problems with taking out the labour hire provision which I've done in those orders.

PN6

THE VICE PRESIDENT: I would indicate on the basis of the submissions made and the correspondence from some of the employers that I'm satisfied the variation sought is consistent with the statement of principles. In particular, it gives effect or seeks to give effect to a test case decision being the parental leave casual employees test case in PR904631, a decision of 31 May 2001. I'll grant each of the applications in the form sought. Thank you, Ms Bennett.

ADJOURNED INDEFINITELY [11.24am]