C3480/200, Transcript of Proceedings [2002] AIRCTrans 103 (3 January 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N 1917

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

C No 34802 of 2000
C No 34803 of 2000

AIRLINE OPERATIONS - CLERICAL AND
ADMINISTRATIVE AWARD 1999

AIRLINE OPERATIONS - SALARIED
STAFF (ANSETT AUSTRALIA) AWARD 1998

ApplicationS under section 113 of the Act
by the Australian Municipal, Administrative,
Clerical and Services Union to vary re
arbitrated safety net adjustment - wage
and allowances

MELBOURNE

1.09 PM, THURSDAY, 20 DECEMBER 2001

Continued from 19.2.01

PN135

MR J. NUCIFORA: I appear for the Australian Services Union in relation to both matters before you.

PN136

MR A. ERMER: I appear on behalf of the respondent, Ansett Australia Limited and administrators appointed. I seek leave to appear I should say.

PN137

THE SENIOR DEPUTY PRESIDENT: Is there any objection for the application for leave to appear?

PN138

MR NUCIFORA: No, your Honour.

PN139

THE SENIOR DEPUTY PRESIDENT: Leave is granted. Mr Nucifora, these were on before me earlier in the year and they were adjourned having regard to no extra claims provisions and they were to be dealt with earlier in the new year but I understand the parties wish them to be dealt with now. Would you like to elaborate on the nature of the variations that are sought?

PN140

MR NUCIFORA: Yes, thank you, your Honour. Your Honour, that last hearing before you was on 9 February and at that time you would have adjourned it until certainly at a time around 7 January 2002. We appreciate this matter can be called on at this time. There have been discussions between Ms White, she is the National Secretary of the ASU and also the officer responsible for the airline industry and Mr McLachlan ..... legal on behalf of Ansett.

PN141

Of course a lot has happened since 9 February in relation to Ansett but in that time we have sought to ensure that this matter was kept alive. I have only had a chance today to have a discussion with my friend on behalf of Ansett and it appears that there is agreement in principle in relation to consent, or agreement in relation to the variation to both awards in relation to the 2000 safety net adjustment applications. However, there are two draft orders before you, one in each matter.

PN142

I would have given my friend a copy of the draft that I have and I just want to ensure that we are dealing with the same exhibits. There were some changes at the time and if I could ask that your associate could give us a copy, and I think we were provided a electronic copy at the time, for both parties to have a look at because my friends have said that they agree in principle with the approval of the safety net adjustments and including the operative date of 2 January. That would be one of the few changes we would expect in those draft orders, but they do need time to check the details, particularly in relation to allowances and the actual rates of pay.

PN143

But my understanding is from my our discussions today and discussions that Ms White has had prior to this hearing that in fact that there is agreement in principle on approval from 2 January. I might suggest, your Honour, because of the time of year between now and 2 January I would seek to - if we could try and ensure that the parties either through our office or through your office can check the copies of the draft orders by tomorrow and it may be that we can get final consent on the drafts that are before you. But I would think at this stage that we would envisage that the major change would be of course to the operative and that is 2 January 2000 and that reflects of course the agreement expiring on 31 December this year. If your Honour pleases.

PN144

THE SENIOR DEPUTY PRESIDENT: Mr Ermer.

PN145

MR ERMER: Your Honour, my friend has put it as we would have submitted it. We do not object to the application in the sense that a safety net adjustment is sought. We consent to that, but we would like to have a copy of the draft order with time to review that and certainly revert to my friend by tomorrow.

PN146

THE SENIOR DEPUTY PRESIDENT: Mr Ermer, I will require the written consent of the administrator to the variations.

PN147

MR ERMER: Yes.

PN148

THE SENIOR DEPUTY PRESIDENT: What I propose to do is give the parties 21 days in which to settle the form of the orders. In the event that the parties can't reach agreement then I will call the matter back on.

PN149

MR ERMER: Yes.

PN150

THE SENIOR DEPUTY PRESIDENT: But I would anticipate you will be able to reach agreement and if with advice about that agreement could come the written consent of the administrator?

PN151

MR ERMER: Certainly, certainly.

PN152

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Ermer. On that basis then I will indicate that I am satisfied I should vary the Airline Operations - Salaried Staff (Ansett Australia) Award 1998 and the Airline Operations - Clerical and Administrative Award 1999 to give effect to the safety net review May 2001 decision - 2000 it is, is it?

PN153

MR NUCIFORA: It is 2000, your Honour.

PN154

THE SENIOR DEPUTY PRESIDENT: Yes, 2000 decision. I am satisfied that to do so would be consistent with the requirements of the Act and regulations and also the relevant statement of principles. The variation to the awards would come into force from the first pay period to commence on or after 2 January 2002. As I have indicated however, the actual issuing of the order will be dependent upon receiving the written consent to the variations from the administrator for Ansett and also agreement being reached on the form of the orders.

PN155

In the event that there is no agreement in respect of those matters I will re-list the matter, otherwise the order will issue in due course. Is there anything else?

PN156

MR NUCIFORA: No, your Honour.

PN157

MR ERMER: No, your Honour.

PN158

THE SENIOR DEPUTY PRESIDENT: I will now adjourn.

ADJOURNED INDEFINITELY [1.16pm]