C2001/5897, Transcript of Proceedings [2001] AIRCTrans 3615 (24 December 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

C2001/5897
C2001/5903
C2001/5905

GYPSUM PRODUCTS INDUSTRY (CSR-WETHERILL
PARK) AWARD 1999

GYPSUM PLASTERBOARD AND RELATED PRODUCTS
INDUSTRY (LA FARGE PLASTERBOARD -
ALTONA) AWARD 2000

PLASTERBOARD AND RELATED PRODUCTS
INDUSTRY (LA FARGE PLASTERBOARD -
MATRAVILLE) AWARD 2000

Applications under section 113 of the Act
by Australian Liquor, Hospitality and
Miscellaneous Workers Union to vary the
above awards re parental leave and
supported wage system

SYDNEY

10.00 AM, FRIDAY, 7 DECEMBER 2001

Adjourned sine die

PN1

THE VICE PRESIDENT: Can I have the appearances please?

PN2

MS S. BENNETT: I appear on behalf of the Liquor Hospitality Miscellaneous Union.

PN3

MR D. McINNES: If the Commission pleases, I appear in the first matter only for CSR Limited.

PN4

THE VICE PRESIDENT: That is C No 5897.

PN5

MR McINNES: That's it, yes.

PN6

MR D. DAVIES: If the Commission pleases, I am a consultant and I seek leave of the Commission and of the union to appear on behalf of La Farge Plasterboard Pty Ltd in matters 5903 and 5905.

PN7

THE VICE PRESIDENT: Thank you, Mr Davies. Ms Bennett any objection to the application for leave?

PN8

MS BENNETT: No objection.

PN9

THE VICE PRESIDENT: Leave is granted.

PN10

MR DAVIES: Thank you, your Honour.

PN11

THE VICE PRESIDENT: Ms Bennett, do you want to deal with them one at a time?

PN12

MS BENNETT: If the Commission pleases, perhaps I can make submissions in the first matter and then we can adopt our submissions for the following matters. I will make my submissions first in Gypsum Products CSR-Wetherill Park. This is an application to vary the award to insert the recently determined test case standard extending parental leave to eligible casuals as per print number PR904631. In addition, this application seeks to update the minimum wage paid under the supported wage provision of the award to reflect amendments of the test clause as determined by the Full Bench decision in print 904196.

PN13

The application is justified in that it seeks to provide equitable provision of parental leave to full time, part time and long term casuals. In relation to the application to update the minimum wage paid under the supported employment clause, it is justified in that it seeks to bring the minimum wage in line with the income test free area attached to the relevant pension. The application provides for flexibility and efficiency in the operation of the award in regards to both the labour market and operation of the award. It is consistent with the principal object of the Workplace Relations Act and in particular sections 3A, I, J and K.

PN14

I believe the Commission has a copy of the final orders sought by the union and we are not seeking to vary those orders at all. The union seeks that the orders be made in accordance with these final orders with an operative date of today's date.

PN15

THE VICE PRESIDENT: So it's the first pay period on or after today?

PN16

MS BENNETT: That's right.

PN17

THE VICE PRESIDENT: Just in relation to the increase in the supported wage from $50 to $53, was there a Full Bench decision adjusting the supported wage.

PN18

MS BENNETT: That's correct.

PN19

THE VICE PRESIDENT: Do you have the reference to that?

PN20

MS BENNETT: I do. The print number is 904196.

PN21

THE VICE PRESIDENT: You make the same submissions and you essentially seek an order in the same terms in respect of each of the three matters.

PN22

MS BENNETT: That's correct.

PN23

THE VICE PRESIDENT: Thanks, Ms Bennett. Mr McInnes?

PN24

MR McINNES: If the Commission pleases we have had the opportunity to peruse the draft order insofar as the variation to the parental leave clause is concerned and we do confirm that in our submission it is in line with the test case decision. Likewise we have no objection to increasing the minimum amount payable under clause 10 of the supported wage assisted clause. On that basis, we have no objection to the variation sought by the union.

PN25

THE VICE PRESIDENT: Mr Davies?

PN26

MR DAVIES: Your Honour, Ms Bennett was kind enough to forward us advanced copies of the draft order, we have also had the opportunity to look at them and the instructions from my client in relation to both of the matters is that we do not object to the awards being varied in terms sought, with effect from the first pay period on or after 7 December.

PN27

THE VICE PRESIDENT: Thank you. I am satisfied in respect of each of the matters before me that they seek to implement test case decisions and on that basis they are consistent with the current statement of wage fixing principles. I will grant the applications and issue orders in the terms sought. The orders will operate from the first pay period on or after today's date. Nothing further? Ms Bennett do you have electronic versions of the drafts. If you could provide those that would be helpful. I will adjourn.

ADJOURNED INDEFINITELY [10.06am]