C2001/5368, Transcript of Proceedings [2001] AIRCTrans 3266 (28 November 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 1203

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT HARRISON

C2001/5368

TRANSPORT WORKERS (PASSENGER VEHICLES)
AWARD 1984

Application under section 113 of the Act
by the Transport Worker's Union of Australia
to vary the above award concerning allowances

MELBOURNE

12.05 PM, MONDAY, 12 NOVEMBER 2001

PN1

MS J. TISDALE: If the Commission pleases, I appear for the Transport Workers' Union and with me is MS V. KALAMISTRAKIS from the TWU.

PN2

MR R. LAMBERT: If the Commission pleases, I am with the Bus Association of Victoria.

PN3

MR B. IRONMONGER: I appear on behalf of the VECCI.

PN4

THE SENIOR DEPUTY PRESIDENT: I have received a letter from AIG, a copy appears to have been sent to you, Ms Tisdale, it is dated 8 November, indicating that they are unable to attend this hearing. They have perused the draft order sought and do not oppose the variations in the terms outlined in it. Ms Tisdale.

PN5

MS TISDALE: Thank you, your Honour. This is an application to increase two allowances in part 3 of the Passenger Vehicles Award. They were merely overlooked in the last round of increase in the allowances. A copy of our application and the draft order and a notice of listing was served in accordance with the notice of substituted service. I have got a statement of service I can hand up.

PN6

THE SENIOR DEPUTY PRESIDENT: I will mark that.

EXHIBIT #TWU1 STATEMENT AS TO SERVICE DATED 12 NOVEMBER

PN7

MS TISDALE: Thank you, your Honour. The draft order we are seeking, it seeks to increase the meal allowance, that is item 1 by CPI from the last time that it was adjusted and item 2 is an area allowance that applies in the Latrobe Valley and that was missed in the last two applications to increase allowances and that is also increased by CPI since the date of the last adjustment. Having discussions with Mr Lambert from the Bus Association, we have agreed to put off the date of operation, date of commencement of the second allowance until 1 January.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes.

PN9

MS TISDALE: But for item 1 we will seeking an operative date of today's date but for item 2, an operative date of 1 January 2002.

PN10

THE SENIOR DEPUTY PRESIDENT: All right. Do I have a draft order on this file?

PN11

MS TISDALE: I don't believe I have e-mailed one. I can hand one up.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes. But it will need to be - - -

PN13

MS TISDALE: Amended, that is correct.

PN14

THE SENIOR DEPUTY PRESIDENT: - - - amended, yes. Well I should probably still have it so I can mark it and note the variations that will need to be made to it. The draft order that you seek to issue, I will mark TWU2 but I note that in relation to A1, you are proposing - the operative date is as reflected in the order but as to item A2, the operative date you are proposing is 11 January?

PN15

MS TISDALE: 1 January.

PN16

THE SENIOR DEPUTY PRESIDENT: 1 January 2002.

PN17

MS TISDALE: That is correct.

PN18

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Mr Lambert.

PN19

MR LAMBERT: Thank you, your Honour. We consent to those variations, there is no need to go on about it.

PN20

THE SENIOR DEPUTY PRESIDENT: All right. Mr Ironmonger.

PN21

MR IRONMONGER: We don't oppose it, your Honour.

PN22

THE SENIOR DEPUTY PRESIDENT: Yes. Good. Well then I should indicate that the order in the terms sought will issue. Part A1 of it will come into operation from the first full pay period on or after today. That is 12 November, Ms Tisdale, your draft is the 9th.

PN23

MS TISDALE: I apologise.

PN24

THE SENIOR DEPUTY PRESIDENT: Is that all right?

PN25

MS TISDALE: Yes.

PN26

THE SENIOR DEPUTY PRESIDENT: 12 November and item A2 will come into operation from the first full pay period on or after January 1, 2002. I will issue an order in those terms and a copy will be provided to the parties. I should indicate that the variations will remain in force for a period of six months. Anything further we need to do in this matter? The Commission now adjourns.

ADJOURNED INDEFINITELY [12.10pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #TWU1 STATEMENT AS TO SERVICE DATED 12 NOVEMBER PN7