C2234/900, Transcript of Proceedings [2001] AIRCTrans 2560 (2 October 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DUNCAN

C No 22349 of 2000

COMMONWEALTH BANK OF AUSTRALIA
EMPLOYEES AWARD 1999

Application pursuant to section 113 of the
Act by Finance Sector Union of Australia
to vary re safety net review 1999 - wages
and allowances

SYDNEY

9.34 AM, MONDAY, 10 SEPTEMBER 2001

Continuing from 31.8.00

Adjourned sine die

PN1

THE SENIOR DEPUTY PRESIDENT: Could I have appearances, please?

PN2

MR D. PEDDIE: If it please your Honour, I appear for the Finance Sector Union of Australia.

PN3

MR G. DAVIS: If it please the Commission, I appear on behalf of the CBA and also appearing with me today is MR N. ELVIN, also of the CBA.

PN4

THE SENIOR DEPUTY PRESIDENT: Mr Peddie?

PN5

MR PEDDIE: Thank you, your Honour. This hearing is a section 113 application in respect of the Commonwealth Bank Australia Employees Award 1999 to adjust the minimum rates of pay therein by the Commission's 2000 safety net review decision. Additionally we seek to have a range of allowances increased in terms of the current principles of the Commission and as detailed within the award itself. One final matter, we did put in a late application in the last few days to have the supported wage system, minimum weekly rate increased from 50 to $53 a week, again in terms of the Commission's Full Bench decision earlier this year and those decisions, of course, are detailed in our draft application.

PN6

The first decision, safety net adjustment, print S5000 and the supported wage system decision is print PR904196. If it please your Honour, I can detail briefly the sorts of adjustments that we're seeking.

PN7

THE SENIOR DEPUTY PRESIDENT: Well, they're in the draft order are they not?

PN8

MR PEDDIE: They are in the draft order, your Honour, yes.

PN9

THE SENIOR DEPUTY PRESIDENT: Which has been given to the bank?

PN10

MR PEDDIE: It has, your Honour.

PN11

THE SENIOR DEPUTY PRESIDENT: I don't think it's necessary to detail them. We'll rely on the draft.

PN12

MR PEDDIE: Thank you, your Honour. The bank has looked at these in detail over the last week and has indicated its consent to the detailed changes we are seeking. If it please your Honour.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes. All I need to ask you, I think is that, does the union give the undertaking about absorption?

PN14

MR PEDDIE: It does, your Honour, yes, we do have the clause required.

PN15

THE SENIOR DEPUTY PRESIDENT: And that's included in the draft is it?

PN16

MR PEDDIE: It is, your Honour, yes.

PN17

THE SENIOR DEPUTY PRESIDENT: Thanks, Mr Peddie. Mr Davis?

PN18

MR DAVIS: Yes, your Honour, we agree that the rates have been accurately reflected in the application.

PN19

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Davis. This is an application by the Finance Sector Union of Australia to vary the Commonwealth Bank of Australia Employees Award 1999 to include the safety net adjustment awarded by the Commission in the safety net review decision of May 2000. I'm satisfied that when the variation issues, at least 12 months will have elapsed since the rates in this award were increased in accordance with the safety net review wages April 1999 decision. The FSU has given a specific commitment as to the absorption of the increase and the clause required to be inserted in the award by paragraph 8 of the current wage fixing principles will be inserted.

PN20

The rates in the award have not been increased other than by safety net adjustments or as a result of the application of the minimum rates adjustment or work value change principles since November 1991. Adjustments to allowances have been appropriately adjusted in accordance with the Furnishing and Glass Industries decision and the supported wage minimum weekly rate should be adjusted in accordance with the recent decision of the Full Bench of the Commission in that regard.

PN21

A draft order has been supplied by the applicant union. I understand that it has been checked by the respondent employer. Consequently, the award will be varied in accordance with the draft award. It will take effect on and from the first pay period after today. I adjourn this matter indefinitely.

ADJOURNED INDEFINITELY [9.39am]