C0084/499, Transcript of Proceedings [2001] AIRCTrans 2653 (4 October 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATION COMMISSION

COMMISSIONER LARKIN

C No 00844 of 1999

APPLICATION FOR A REVIEW PURSUANT TO
ITEM 51 SCHEDULE 5 TRANSITIONAL WROLA
ACT 1996 OF THE MANILDRA GROUP PUBLIC
TRANSPORT UNION RAIL OPERATIONS AWARD
RE AWARD SIMPLIFICATION

SYDNEY

11.10 AM, TUESDAY, 18 SEPTEMBER 2001

PN1

THE COMMISSIONER: Could I take appearances please?

PN2

MR A. THOMAS: If the Commission pleases I appear on behalf of the Rail Tram and Bus Union.

PN3

MR W. ALLPORT: If it please the Commission I am representing the Manildra group.

PN4

THE COMMISSIONER: Thank you, gentlemen, have you decided who will be addressing the review of the award this morning?

PN5

MR THOMAS: I will be Commissioner, thank you. Commissioner, with respect to this matter there is a draft dated 30 August 2001. That draft with one exception represents the outcome of the application of the award simplification process to the award. That exception can be found in clause 8, being the classifications and rates of pay. The issue is the minimum rates adjustment. The parties in earlier discussions had sought to align the locomotive drivers rate with the counterpart in freight corps, as provided in the Locomotive Engineman's Award 1996 and retaining the existing internal relativities.

PN6

The problem with that at this point is that the Locomotive Engineman's Award has yet to be subject to the minimum rates adjustment which makes it difficult to ascertain the appropriate minimum rate on Manildra. However rather than put everything on hold the position has been adopted to finalise the award to the extent possible and to put a notation in clause 8 that this clause has yet to be reviewed. The review can the occur once the other award has been through the minimum rates adjustment process. Commissioner consistent with the simplification of most awards the draft of 30 August is a variation to the existing award.

PN7

The award shall be given a new title, namely, The Manildra Group Rail Tram and Bus Union Rail Operations Award 2001. The variation in conformity with the award simplification process amends the current award in a number of respects. The application clause has been tidied up to remove statements of intent or objective. An anti-discrimination clause has been included. The dispute settlement procedure has been amended to delete a statement of objective and to broaden the scope of employee representation. The special family leave clause in the current award has been altered to carer's leave and a minimum entitlement of 5 days provided in lieu of an open-ended clause relying on employer discretion.

PN8

The picnic day has been moved to the public holidays clause. Trauma leave has been moved to the sick leave clause. Clothing and uniforms have been converted to an allowance. The training and assessment clause has been aligned with the classification structure and reflects the arrangements within Manildra. The fatalities and injuries clause has been amended to an allowance for transport after an accident which in substance is what the clause contains. Finally, the provisions going to recruitment, right of entry, union coverage and an alphabetical index have been deleted for reasons of either non-allowability or they are provided in legislation.

PN9

Commissioner, the award has been the subject of a number of conferences and redrafts in an endeavour to meet the award simplification principles. It is the submission of the RTBU that the draft, dated 30 August 2001, meets those principles. Accordingly, the RTBU seeks that the award be varied pursuant to item 51 to reflect that outcome and that variation is contained within the draft, dated 30 August 2001, if the Commission pleases.

PN10

THE COMMISSIONER: Just one thing, Mr Thomas, and I will hear from Mr Allport in a moment, but just the draft that was forwarded, page 10. I plan to alter the heading at part 7. Do you have that, gentlemen? The part should reflect: Equipment, Tools and Transport Allowance, do you agree?

PN11

MR THOMAS: Yes.

PN12

MR ALLPORT: Yes, I have no problem with that.

PN13

THE COMMISSIONER: Can you see, it has just been an oversight. We have retained the old heading and I've just noticed it and I don't think the old heading is appropriate.

PN14

MR THOMAS: I agree Commissioner, indeed, amenities in a broad form is non allowable. There is no amenities allow - - -

PN15

THE COMMISSIONER: Well, unless they are an allowance, Mr Thomas.

PN16

MR THOMAS: Yes, like I said, in the broad - - -

PN17

THE COMMISSIONER: In the broader concept, that is right. You have addressed the training and related training and assessment provision at clause 21 haven't you, Mr Thomas?

PN18

MR THOMAS: Yes, Commissioner, I noted that it had been amended in line with classification structure and more properly reflects the processes and procedures within Manildra.

PN19

THE COMMISSIONER: Yes, and I had discussed that with the parties in conference. Yes thank you, Mr Thomas.

PN20

MR THOMAS: Thank you.

PN21

THE COMMISSIONER: Mr Allport?

PN22

MR ALLPORT: Yes, Commissioner, thank you. I concur with the comments that Mr Thomas has offered and I have nothing further to offer.

PN23

THE COMMISSIONER: Yes, thank you, Mr Allport. The matter before me relates to a review of the Manildra Group Public Transport Union Rail Operations Award 1996, pursuant to item 51(2) of schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996 referred to as the WROLA Act. Having reviewed the award consistent with the award simplification principles and having heard the submissions of Mr Thomas and Mr Allport the award will be varied so as to remove provisions which cease to have effect under item 50 of WROLA. Other than those clauses which are administrative in nature or are both incidental to allowable award matters and necessary for the effective operation of the award the parties seek the retention of an existing provision in relation to training as amended by the parties at clause 21 of the draft award before me.

PN24

Having considered the provision and the submissions of the parties I am satisfied that the provision is incidental to classification and rates of pay and necessary for the effective operation of the award. The provision will be retained in the award. I have decided that clause 8: Rates of Pay, will not be reviewed at this stage. A notation reflecting that situation will be included under clause 8: Classification and Rates of Pay. The properly fixed minimum rates of pay in the rail industry have not been subject to discussion and as not at this stage been determined. This award will be re-listed to address clause 8 when a determination of rates of pay in the rail industry has been made.

PN25

Once varied the award will satisfy the criteria set out in sub-item 6 and 7 of item 51 of WROLA. The award to be known as the Manildra Group Rail Tram and Bus Union Rail Operations Award 2001 will operate from today's date and it will remain in force for a period of 6 months. I will contact the parties in regard to the rates of pay issue but of course, Mr Thomas, as he is involved in the other rail awards that I have in regards to rates of pay will be fully aware when we are moving closer to a point that we can re-list this award to ensure that it contains properly fixed minimum rates.

PN26

Before I adjourn I thank you gentlemen for the work you have done on the award. Mr Allport, I think you would acknowledge the work done by Mr Thomas in regards to the review of this award and I realise that it is very time consuming but I would like to put on record that when the parties do assist the Commission it is greatly appreciated. If there is nothing further gentlemen I will adjourn. Thank you.

ADJOURNED INDEFINITELY [11.18am]