C2001/4002, Transcript of Proceedings [2001] AIRCTrans 2626 (3 October 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LESSES

C2001/4002

CLERICAL AND SALARIED STAFF (AGRIBUSINESS)
AWARD 1999

Application by Agribusiness Employers' Federation
to vary clause 13.5 in relation to entitlements
to severance payments

ADELAIDE

11.08 AM, FRIDAY, 14 SEPTEMBER 2001

PN1

THE COMMISSIONER: Could I take appearances?

PN2

MR M. FOLEY: I appear for Agribusiness Employers' Federation, may it please the Commission. Commissioner, application was made on 23 August, pursuant to section 113 of the Workplace Relations Act, to vary clause 13.5 of the Clerical and Salaried Staff (Agribusiness) Award. So to provide the persons employed by Iama Limited, and Iama Agribusiness Limited, who are offered acceptable alternative employment by Wesfarmers Dalgety Limited should not be entitled to severance payments. The grounds of the applications are set out in the Form R5 of the application.

PN3

Representatives for the Finance Section Union has indicated that the union does not oppose the proposed variation as detailed in the draft order at appendix B and I am informed that the union has indicated this consent to the Commissioner by way of facsimile and that the Union does not intend to appear in person. Iama Limited and Iama Agribusiness Limited submit that in the circumstances all effective employees who receive an offer of employment by Wesfarmers Dalgety Limited on terms not less favourable ought not to be entitled to severance payments under the terms of the Award, consequently Commissioner, I respectfully request that the Commission vary the said award. May it please the Commission.

PN4

THE COMMISSIONER: I will just have a look at the proposed order. So we are looking for the matter to come into effect as of today's date, the 14th?

PN5

MR FOLEY: Yes, Commissioner.

PN6

THE COMMISSIONER: This is an application for variation of the Clerical and Salaried Staff (Agribusiness) Award 1999. The Commission has received correspondence from the Finance Sector Union of Australia dated 13 September 2001, wherein they indicate that they seek the Commission to grant the application and that the order come into effect from the first pay period on or after 14 September 2001.

PN7

I have heard the parties today and having considered the correspondence the Commission is of the view that the matter falls within the scope of the Act and accordingly I award, order and prescribe that the variation be made to the Clerical and Salaried Staff (Agribusiness) Award 1999, by consent in the terms of the application. The order shall be binding on all persons engaged in the industry as set out in the scope of the award whether as employees or employers. The award variation shall operate from the first pay period commencing on or after 14th day of September 2001, and shall remain in force for the period of 3 calendar months thereafter. I will issue an order in due course. Thank you.

ADJOURNED INDEFINITELY [11.12am]