C0078/499, Transcript of Proceedings [2001] AIRCTrans 3272 (28 November 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 60-70 Elizabeth St SYDNEY NSW 2000
DX1344 Sydney Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LARKIN

C No 00784 of 1999

APPLICATION FOR A REVIEW PURSUANT
TO ITEM 51 SCHEDULE 5 TRANSITIONAL
WROLA ACT 1995 BY THE AUSTRALIAN
WORKERS UNION OF THE AUSTRALIAN
WORKERS UNION OIL COMPANIES AWARD
1988 - OIL AND GAS INDUSTRY -
CONDITIONS OF EMPLOYMENT

SYDNEY

10.07 AM, TUESDAY, 13 NOVEMBER 2001

Continued from 26.10.01

Adjourned sine die

THESE PROCEEDINGS WERE RECORDED BY VIDEO CONFERENCE IN SYDNEY

PN74

THE COMMISSIONER: Could I take appearances, please?

PN75

MR C. HARTIGAN: If the Commission pleases, I appear on behalf of Esso.

PN76

MR G. BEARD: If it please the Commission, I appear on behalf of the Australian Workers Union.

PN77

THE COMMISSIONER: Thank you, Mr Beard. Gentlemen, the matter was called on on a previous occasion and I think we went into conference and we decided that we would adjourn the hearing at that stage and there is a couple of issues that require addressing, if my memory serves me correct. On the - I'm not quite sure of the date - well after that occasion my associate sent a draft to the parties by way of email and also drew to the attention of the parties that I had in a minor way changed the wording of clause 17.2. So that's where I'm up to, who wishes to address Mr Hartigan or Mr Beard.

PN78

MR BEARD: Mr Hartigan, will open the innings, Commissioner.

PN79

MR HARTIGAN: Commissioner, what I would like to do there are some minor amendments to the document but are basically typographical. If I could take you through those changes that - - -

PN80

THE COMMISSIONER: Do you have many?

PN81

MR HARTIGAN: Just with regard to the issue that we discussed at the last conference starting at clause 14.5. I've realised there is a typographical error that is my mistake and it is that the majority of the employees are affected rather than effected in the third line in clause 14.5.

PN82

THE COMMISSIONER: Yes, I see.

PN83

MR HARTIGAN: The same mistake occurs in clauses 20.4.1 and in 20.4.2 at the beginning of the third line. Now your associate I believe has highlighted in clause 20.5 of the document there is a reference which was not clear and there is a shaded in 20.5 at line 5 subclause (f).

PN84

THE COMMISSIONER: 20.5 is afternoon on night shift definitions.

PN85

MR HARTIGAN: I'm sorry, 22.5, Commissioner. I've checked the original award and that should be a reference then to clause 22.6. If you go down the page 22.6.3 where it says, "subclause c", that should be a reference to subclause 22.3, that issue. Then, Commissioner, if you could turn to clause 17.2 overall, and I appreciate the change has been to more strictly bring it into line with an allowance. Just for your information the situation is that the employer supplies all overalls and launders them on a daily basis on the offshore rigs, therefore I agree with the change to the first sentence.

PN86

THE COMMISSIONER: But the second sentence will require amendment.

PN87

MR HARTIGAN: Yes. What I suggest is that it read: "Provided that no right to reimbursement will accrue where the employer" and insert the words "supplies the overalls and". Then it continues to read: "Launders the overalls at least once a week".

PN88

THE COMMISSIONER: Yes.

PN89

MR HARTIGAN: They were the amendments I came up with from the draft, Commissioner.

PN90

THE COMMISSIONER: Yes, and Mr Beard you concur with those amendments.

PN91

MR BEARD: That's correct, Commissioner.

PN92

THE COMMISSIONER: All right. Now we just have to address the overall review of the award, it is my understanding this a full review of the award and it should conclude the Item 51 review on the award.

PN93

MR BEARD: That's correct, Commissioner, I have a few words to say in regard to that. The parties believe that this award is affected by Item 50 of the WROLA Act 1996 and for some considerable time the parties with the assistance of the Commission have been involved in the review process. We are very pleased to be able to report to you today that the draft award does represent an agreed position by the parties and we believe it reflects the requirements of Item 51 of Part II of schedule 5 of the WROLA Act 1996.

PN94

You will notice that the wage rates contained in the draft award were subject to the properly fixed minimum rates process and were varied to reflect the terms of the pay rates supplementary decision which is recorded at print Q7661. In fact the Full Bench presided over by the President varied the wage rates operative from 20 December last year, that was recorded at print PR905020 and we believe conform with the requirements of Item 51(4).

PN95

The review process has meant the criteria set out in Item 51(6) has been applied to the award provisions. The award now contains a facility of provisions and is expressed in plain English, these criteria are set out in Item 51(7). I bring to your attention, Commissioner, that the award does not provide for part time employment or for the employment of people with disabilities. The award in fact covers the offshore operations of Esso in Bass Strait and would not employ people in those situations so that is why obviously the award does not provide for those areas.

PN96

The other provisions contained within the award are within the parameters of section 89A of the Act and we seek an operative date being from today's date and being in force for a period of 12 months. The parties commend the document to the Commission and ask that an order be issued in due course, if it please the Commission.

PN97

THE COMMISSIONER: Yes, thank you, Mr Beard. Mr Hartigan?

PN98

MR HARTIGAN: There was only one further matter I wanted to add, Commissioner, was that for the same reasons that there are no part time employees or persons with disabilities. There are no junior rates of pay provided for in the award because such persons are not employed in the offshore operations on the oil rigs that this award applies to.

PN99

THE COMMISSIONER: Yes, thank you, Mr Hartigan. Nothing further, Mr Beard?

PN100

MR BEARD: Nothing further, Commissioner.

PN101

THE COMMISSIONER: This matter relates to a review of The Australian Workers Union Oil Companies Award 1998 pursuant to item 51 of part II of schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996.

PN102

Having reviewed the award consistent with the award simplification principles and having heard the submissions of Mr Beard on behalf of the AWU and Mr Hartigan appearing on behalf of Esso - with leave, Mr Hartigan, if it wasn't granted on the last occasion - the award will be varied so as to remove provisions which cease to have effect under item 50 of the WROLA Act 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.

PN103

In my opinion the rates of pay, clause 15, are minimum rates of pay. The clause reflects the minimum rate, a residual component and the total weekly rate in accordance with items 51(4) and (5).

PN104

Once varied the award will satisfy the criteria set out in items 51(6) and (4) of the WROLA Act; and, in regard to the parties submissions on the appropriateness of part-time or junior rates, I am satisfied that, due to the nature of the industry in which this award operates, the provision containing that type of employment is not appropriate. Furthermore, I am satisfied as to the requirements of item 51(7)(f), in that the award is not to contain discriminatory provisions. In my view, the award does not.

PN105

The award, to be known as The Australian Workers Union Esso Australia Award 2001, will operate from today's date, 13 November, and it will remain in force for a period of six months.

PN106

Is there anything further, Mr Hartigan or Mr Beard?

PN107

MR BEARD: No, Commissioner.

PN108

MR HARTIGAN: No, Commissioner.

PN109

THE COMMISSIONER: Thank you for your attendance today, gentlemen. The Commission is adjourned.

ADJOURNED INDEFINITELY [10.20am]