C2001/5347, Transcript of Proceedings [2001] AIRCTrans 3122 (15 November 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114J MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 1052

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2001/5347

ADULT AND COMMUNITY EDUCATION,
PROFESSIONAL, ADMINISTRATIVE,
CLERICAL, COMPUTING AND
TECHNICAL (PACCT) STAFF AWARD
1999

Application under section 113 of the
Act by the National Tertiary Education
Industry Union to vary re safety net
review - wages 2001 decision

MELBOURNE

9.02 AM, THURSDAY, 1 NOVEMBER 2001

PN1

MS E. FLOYD: I appear on behalf of the National Tertiary Education Industry Union.

PN2

MR J. SHUGG: I am from Adult and Community Education, Victoria, and our respondent members.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes. Ms Floyd.

PN4

MS FLOYD: Your Honour, this matter is an application to vary the Adult and Community Education Professional, Administrative, Clerical, Computing and Technical (PACCT) Staff Award 1999 to give effect to the safety net review wages made 2001 in print PR002001. The NTU made the application on 10 October. Following advice from your associate regarding some inaccuracies we forwarded an amended application, and that was sent also to the respondents together with a notice of listing on 17 October, and I would just like to tender a confirmation of service.

PN5

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes. Just bear with me one moment.

PN6

MS FLOYD: Your Honour, most of them were sent by fax.

PN7

THE SENIOR DEPUTY PRESIDENT: Sorry, just one moment, Ms Floyd.

PN8

MS FLOYD: Sorry, if you are going to give them a - - -

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, very well. And the documents are two copies of the same document, are they?

PN10

MS FLOYD: That is correct.

EXHIBIT #1 EVIDENCE OF SERVICE

PN11

THE SENIOR DEPUTY PRESIDENT: I am sorry, I interrupted you, Ms Floyd. You were saying they were sent mainly by fax?

PN12

MS FLOYD: Yes, they were sent mainly by - they were all sent by fax, and the reason it looks a bit of a mess is that these centres have a habit of either changing their names, changing their addresses, closing, and we had quite a lot of difficulty chasing them all up, but eventually we did get to them all, and I think that the representative from ACEVIC will verify that - - -

PN13

THE SENIOR DEPUTY PRESIDENT: Yes, very well, thank you.

PN14

MS FLOYD: Your Honour, the last time the award was varied for safety net increases was on 1 November 2000, and the variation for the safety net increases took place on the old award prior to simplification. When the award was made, the new award, the simplified award, was made it didn't incorporate the 2000 increases, and so the current award only has the '99 increases on it.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes.

PN16

MS FLOYD: So there was a bit of a difference in the timing of when the last increases were awarded. However, those increases have been awarded. They are just not reflected in the current award.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes. Just bear with me one moment in relation to - the variation to the '96 award was reflected in an order of Senior Deputy President Acton. Is that - - -

PN18

MS FLOYD: Yes, your Honour, on 9 November 2000 in print T3341.

PN19

THE SENIOR DEPUTY PRESIDENT: Yes. And that had effect from 1 November 2000.

PN20

MS FLOYD: That is correct.

PN21

THE SENIOR DEPUTY PRESIDENT: So the 12th - - -

PN22

MS FLOYD: That is correct. It just wasn't reflected in the actual - - -

PN23

THE SENIOR DEPUTY PRESIDENT: Twelve months has passed.

PN24

MS FLOYD: That is right.

PN25

THE SENIOR DEPUTY PRESIDENT: Yes, very well.

PN26

MS FLOYD: The rates in the draft order that has just been handed up have been varied by $13, $15 and $17 in accordance with the decision, and I would just like to hand up a copy of our annualised salaries.

EXHIBIT #2 ANNUALISED SALARIES

PN27

THE SENIOR DEPUTY PRESIDENT: And that reflects in the final column the addition to each of the - - -

PN28

MS FLOYD: That is correct, your Honour.

PN29

THE SENIOR DEPUTY PRESIDENT: - - - wage rates at the relevant level. Yes. Thank you.

PN30

MS FLOYD: Which is now schedule 1 of the award.

PN31

THE SENIOR DEPUTY PRESIDENT: Yes.

PN32

MS FLOYD: And on the second page of the draft order the union gives the absorption commitment as required by the decision and the rates have not been varied since 1991 other than by safety net increases. No further questions, and we commend the application to you, your Honour.

PN33

THE SENIOR DEPUTY PRESIDENT: There is just one issue. My associate has checked the figures in the draft order. One of them at the AEO2 level, the second step, 2.2, the figure in the draft order is 31036, whereas my associate's calculations and they are confirmed by my own seem to suggest the figure should be 31046. Is that - - -

PN34

MS FLOYD: 046.

PN35

THE SENIOR DEPUTY PRESIDENT: Perhaps you might - and that would be - perhaps we can confirm that. The previous rate was 30263, and the addition of 783 would result in the 31046 figure. Is that correct?

PN36

MS FLOYD: I accept your Honour's figures. Thank you. We commend the application to you.

PN37

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Shugg.

PN38

MR SHUGG: Thank you, your Honour. With that adjustment which I agree with, we have looked at the figures and we have had contact with the union. It is an application that ACEVIC does not oppose. It has been the safety net adjustment that have been given each year and again 12 months has elapsed since the last adjustment. Ms Floyd had attempted to make contact with all of the respondent members, and they are our members as well, and what has happened is that I have e-mailed to each of them at the end of last week that there was an appearance and that we would be in the Commission.

PN39

It has been usual, and your associate asked before who else would turn up. It has been usual that Ms Floyd and I are the only two that are usually here, and so I don't think that any of the members would not be aware that this application has been made, and as I said, we do not oppose it.

PN40

THE SENIOR DEPUTY PRESIDENT: Very well. Thank you, Mr Shugg. This an application pursuant to section 113 of the Workplace Relations Act 1996 by the National Tertiary Education Industry Union to vary the Adult and Community Education Professional, Administrative, Clerical, Computing and Technical (PACCT) Staff Award 1999 to give effect to the safety net adjustments arising from the safety net review wages decision of May 2001 in print 002001.

PN41

The union has provided evidence of service of the application and the time and date of hearing on each of the employer organisations respondent to the award in exhibit 1. In addition, the union has drawn my attention to the fact that the award was varied in respect of the May 2000 safety net adjustment by Senior Deputy President Acton in print T3341 with effect from 1 November 2000. Accordingly, given the order sought in this matter seeks to make the further increases operative from 1 November 2001, the requisite 12 month period reflected in the Arbitrated Safety Net Adjustment Principle HC has passed, and the variation sought is in accordance with the terms of the May 2000 safety net review wages decision.

PN42

Mr Shugg, appearing for ACE on behalf of respondents has indicated that ACE Victoria does not oppose the application and in those circumstances I am satisfied that the application is consistent with the requirements of the safety net review principle, and I now determine that the award should be varied in the terms of the order submitted by the union except to the extent that one rate, the AEO2 2.2 rate should read 31,046, and I propose to make the order in those terms. I will now adjourn these proceedings, thank you.

PN43

The order shall come into force from the first pay period to commence on or after 1 November 2001, and shall remain in place for a period of 12 months.

ADJOURNED INDEFINITELY [9.13pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #1 EVIDENCE OF SERVICE PN11
EXHIBIT #2 ANNUALISED SALARIES PN27