C2001/5902, Transcript of Proceedings [2001] AIRCTrans 3658 (24 December 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

JUSTICE MUNRO

C2001/5902

SADDLERY, LEATHER, CANVAS AND PLASTIC
MATERIAL WORKERS AWARD 1999

Application under section WR113 of the Act
by Australian Liquor Hospitality and
Miscellaneous Workers Union to vary the above
Award re parental leave

SYDNEY

11.53 AM, MONDAY 10 DECEMBER 2001

Adjourned sine die

PN1

HIS HONOUR: This is matter C2001/5902. It is an application lodged on 14 November 2001 by the ALHMWU for variation of the Saddlery, Leather, Canvas and Plastic Material Workers' Award 1999 which is a common rule award operating, I would expect in the Northern Territory, is it.

PN2

MS FENWICK: If the Commission pleases, it's a number of jurisdictions.

PN3

HIS HONOUR: I see. I think there can only be two where it can operate as such, Northern Territory and ACT.

PN4

MS FENWICK: The ACT as well, your Honour.

PN5

HIS HONOUR: Who appears?

PN6

MS S. FENWICK: If the Commission pleases, I appear for the applicant union, the ALHMWU.

PN7

MS J. STREIMER: If the Commission pleases, I appear for the Australian Industry Group.

PN8

MS N. WILLMOTT: If the Commission pleases, I appear for the Australian Business Industrial.

PN9

HIS HONOUR: Yes, your application, Ms Fenwick?

PN10

MS FENWICK: Thank you, your Honour. This is an application to vary this award to insert the recently determined test case extending parental leave to eligible casuals. In addition, this application seeks to update the minimum wage paid under the supported wage provision of the award to reflect amendments to the test clause as determined by the Full Bench decision in PR904196. I understand that this application is by consent. We are however, amending the draft order to deal with the dates that have been discussed earlier in other applications this morning. So that, in our draft order, where the date appears for the July 2001, we seek to amend that to 10 December 2001. Where it appears 4 July 2002, we would amend that to 10 December 2002.

PN11

HIS HONOUR: Yes.

PN12

MS FENWICK: I understand, your Honour has heard a number of these applications. Unless there is anything further you wish to hear from me, I would commend this application.

PN13

HIS HONOUR: I think you can have the licence of a fair bit of economy, Ms Fenwick. There is on file also a statement as to service filed by Mr Ferrari on 22 November 2000 indicating that same day that he caused to be sent by facsimile copy the application to vary order or subservice and notice fixing time and place to Australian Business Confederation of ACT, Queensland Chamber of Commerce, South Australian Chamber of Commerce, AI Group, Tasmanian Chamber of Commerce, CCIWA and Northern Territory Chamber of Industry and commerce. Yes, who wishes to go first. Ms Streimer?

PN14

MS STREIMER: Your Honour, in light of the changes in regards to dates that Ms Fenwick raised before the Commission, with these changes being made the Australian Industry Group is in a position to consent to the variation today. Thank you.

PN15

HIS HONOUR: Thank you.

PN16

MS WILLMOTT: Thank you, your Honour, Australian Business Industrial is also in a position today to consent to the application in light of the amended dates. Perhaps I might just note, one administrative matter in relation to the application. I apologise for not having an opportunity to speak to my friend earlier today. That is one page two of the order. It is simply just a typographical error that if we can amend that now, it will perhaps remove any uncertainty and that is in relation to page two of the order. It should read, 33.1.5 instead of a symbol there. Just to make it clearer. On that basis, we consent.

PN17

HIS HONOUR: In this matter, I am asked to vary the Saddlery, Leather, Canvas and Plastic Material Workers' Award by deleting clause 33 and inserting a new clause 33 to in effect implement the decision in the parental leave for casual employees test case decision. In addition, there is incorporated in that variation as I understand it, the changes to the minimum wage provision derived from print 904196. The test case decision print if I haven't given it already is print 904631. The application to vary was lodged on 14 November. It was the subject of an order for substituted service. There is on file a statement dated 22 November, signed by the Assistant National Secretary of the applicant, the LHMWU.

PN18

That statement verifies that on 22 November by facsimile copy the union notified the persons covered by the order for substituted service of today's hearing under the terms of the proposed variation of the award. At the hearing, Ms Fenwick, appeared for the applicant, LHMWU; Ms Streimer for the Australian Industry Group on behalf of respondent members and Ms Willmott for the Australian Business Industrial. In addition, there is on file received this morning, a memorandum from Michael Sheehan the employee relations adviser of Business South Australia, to the effect that following discussions with the LHMWU, it had been agreed that the draft order be amended to change the reference to 10 December and in one instance, 2001 and to make the other changes to dates which have been made or notified by Ms Fenwick at the outset of the hearing.

PN19

Otherwise that party covered those represented through Business South Australia consent to the making of the order as did Ms Streimer on behalf of the ARG and Ms Willmott on behalf of ABI. In the circumstances although the variation is not completely by consent, some employer respondents not having been heard from, I am satisfied that I can vary the award substantially by consent. The variation of course is to give effect to a test case decision and there are no complications of which I or the parties who have prepared are aware. The variation can be in terms of the draft order submitted with the alterations that I have noted in long hand to it.

PN20

It will come into operation from the beginning of the first pay period on or after 10 December 2001 and shall remain in force for a period of six months. A copy of the order to vary will be circulated in due course, in accordance with section 143. Thank you.

ADJOURNED INDEFINITELY [12.03pm]