C2001/5627, Transcript of Proceedings [2001] AIRCTrans 3424 (6 December 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

C2001/5627

LIQUOR INDUSTRIES (MALTSTERS)
SUPERANNUATION INDUSTRY 1987

Application under section 13 of the Act by
the Australian Liquor, Hospitality and
Miscellaneous Workers Union to vary the
above award re setting aside

SYDNEY

12.03 PM, THURSDAY, 22 NOVEMBER 2001

Adjourned sine die

PN1

THE COMMISSIONER: Yes, can I have the appearances, please?

PN2

MS L. McDONALD: If the Commissioner pleases, I appear for the ALHMU.

PN3

MS J. McDONALD: If the Commission pleases, I am from the Australian Industry Group appearing on behalf of Barrett Burston Australia Limited and Joe White Maltings.

PN4

THE COMMISSIONER: Thank you. Yes, Ms McDonald?

PN5

MS L. McDONALD: Thank you, Commissioner. I make this application to set aside the Liquor Industries (Maltsters) Superannuation Award 1987 pursuant to section 113 of the Act. The application was made on 26 October, sent to the parties listed in the respondency list, followed by the application and notice of listing served on 6 November. Today I've spoken to Ms McDonald for AIG who represents both companies and we are in a consent position, Commissioner.

PN6

Superannuation appears in clause 35 of the simplified Liquor and Accommodation Industry - Liquor Industries - Maltsters - Award 1998. Clause 35.6 specifically refers to the superannuation award being superseded and replaced by clause 35. As outlined in this application, the union confirms that no employees will be disadvantaged by the setting aside of this award.

PN7

THE COMMISSIONER: Thank you. Yes, Ms McDonald?

PN8

MS J. McDONALD: Thank you, Commissioner. I've been instructed by both Barrett Burston Australia and Joe White Maltings that they don't oppose the setting aside of the award and I confirm what Ms McDonald from the LHMU has stated, that AIG is not opposed to the setting aside of the award. Nothing further.

PN9

THE COMMISSIONER: Yes, thank you. Well, in the circumstances of superannuation covered by another award, or part of another award, and not employees being disadvantaged by that, the Commission will set aside the award. An order will issue in due course. It will indicate that the setting aside will commence on or after 22 November 2001 and will remain in force for a period of six months. On that basis these proceedings are now adjourned.

ADJOURNED INDEFINITELY [12.05pm]