C2002/935, Transcript of Proceedings [2002] AIRCTrans 1145 (8 April 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C2002/935
C2002/936
C2002/937
C2002/938
C2002/939
C2002/940
C2002/941

MT LEYSHON GOLD MINE AWARD 2000
RISHTON (GOLD) PTY LIMITED AWARD 2000
PAJINGO GOLD MINE AWARD 2000
GREENBUSHES MINING AND PROCESSING AWARD 2000
THE CONSOLIDATED RUTILE LIMITED MINERAL SANDS AWARD 2000
BIG BELL MINES AWARD 1988
WESTERN METALS LIMITED - MT GORDON AWARD 2000

Applications by the Australian Workers Union
pursuant to section 113 of the Act to vary
re Safety net review - wages May 2001

SYDNEY

10.38 AM, THURSDAY, 21 MARCH 2002

PN1

THE SENIOR DEPUTY PRESIDENT: Good morning, may I have the appearances in these matters, please?

PN2

MR G. BEARD: I appear on behalf of the Australian Workers Union in all of these matters.

PN3

MS K. FAIRBAIRN: I appear in all matters on behalf of AMA employer organisations.

PN4

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Fairbairn. Mr Beard, I think if we just work through them one by one it might be the easiest way of doing it.

PN5

MR G. BEARD: Yes, your Honour, I do in fact have them organised in C numbers, so the first one I understand is Rishton Gold Pty Limited Award 2000. For the record, your Honour, I can advise you that on 8 March this year the union forwarded to Mr Ian Turner of the Australian Mines and Metals Incorporated in Brisbane a copy of the application, notice of hearing, allowance schedule and draft order in regard to the union's application to vary the award in regard to the safety net review decision of April 1999.

PN6

A statement of service has been prepared for your file and copy of the covering letter together with the receipt for registered post have been prepared for the file. I'll also take the opportunity, your Honour, of handing to you a copy of the draft order in the allowance schedule.

PN7

THE SENIOR DEPUTY PRESIDENT: I think we might mark it as a composite exhibit. It will be exhibit B1 and it will be put on the file in C number C2002/936.

PN8

MR G. BEARD: Thank you, your Honour. The draft order increases the wage rates in accordance with the safety net review of 1999, that increase was a $12 increase for wage rates less than $510 and the wage rates contained within the award are all less than that $510 amount. You'll note that at item 2 of the draft the commitment to the absorption of those increases into over award payments as specified in the safety net review decision will be inserted into the award and also the union on transcript gives that undertaking also.

PN9

The allowances have been increased in accordance with the appropriate determinant specified in the safety net review decision and those calculations are clearly set out in the - I believe they're clearly set out in the allowance schedule. You'll note, your Honour, that the operative date sought is from the first pay period commencing on or after 30 March 2002 and for the variation to remain in force for a period of six months.

PN10

The 30 March is sought, your Honour, because that is in fact 12 months from when the award was varied for the safety net review decision of 1998. That particular variation was performed by her Honour, Senior Deputy President Harrison and recorded at PR903828.

PN11

In conclusion, your Honour, the union believes that the draft order is a true and correct reflection of the safety net review of April 1999 and asks that an order be issued in due course. I make that statement on the basis that having had discussions with both Mr Turner and also Ms Fairbairn that agreement has been reached in regard to the contents of the draft. If it please, your Honour.

PN12

THE SENIOR DEPUTY PRESIDENT: Ms Fairbairn?

PN13

MS FAIRBAIRN: Your Honour, I'd just like to concur with Mr Beard that we have had discussions and that we believe it is a true and correct view of the award and therefore we are in agreement.

PN14

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Fairbairn. This is an application to vary the Rishton (Gold) Pty Limited Award 2000 to include in that award the increases made available as a result of the safety net review of April 1999, print R1999. Having heard Mr Beard on behalf of the Australian Workers Union and Ms Fairbairn on behalf of the employer concerned, I am satisfied that the draft order contained in composite exhibit B1 in this matter accurately reflects the increases available under the safety net review decision of April 1999 and increases the allowances in the award in accordance with the principles set out in that decision. Accordingly I am prepared to vary the Rishton (Gold) Pty Limited Award 2000 in accordance with the draft order contained in composite exhibit B1. The order will operate from the first pay period to commence on or after 39 March 2002, being a period 12 months since the operation of the 1998 agreement, that safety net decision was made in respect of this award. A formal order together with these reasons for decision will issue in due course.

PN15

MR G. BEARD: The next award to be dealt with is in fact the Pajingo Gold Mine Award 2000. It is C number 2002/937. Again for the record, your Honour, I can advise that the appropriate correspondence was forwarded to Australian Mines and Metals on 8 March 2002. it was forwarded by registered post and a statement to that effect together with a copy of the covering letter and the receipt for registered post have been prepared for the file, a copy of the draft order and allowance schedule will be tendered at the same time.

PN16

THE SENIOR DEPUTY PRESIDENT: Again, I'll mark that as a composite exhibit. It will be marked as exhibit B1 in matter C number 2002/937 and it will be placed on the file in that matter.

PN17

MR G. BEARD: The application, your Honour, seeks to vary the award in accordance with the safety net review decision of May 2000. The wage rates have been increased by $15. You'll note that again the commitment to the absorption of those increases into over award payments as specified in the safety net review decision has been included at item 2 and again on transcript the union gives its commitment in regard to that matter. The allowances have been increased in accordance with the appropriate provision in the safety net review decision and are clearly set out in the allowance schedule. The union seeks an operative date from the first pay period commencing on or after 30 March 2002 and for the variation to remain in force for a period of six months.

PN18

Again, your Honour, 30 March this year is depicted as it is in fact 12 months from the date when the award was varied for the safety net review decision of April 1999. Senior Deputy President Harrison issued that order at print PR903613. Again, your Honour, having had discussions with the appropriate representatives from Australian Mines and Metals I can inform you that agreement has been reached in regard to the contents of the draft order and I would ask that an order be issued in due course, please, your Honour.

PN19

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Beard. Ms Fairbairn?

PN20

MS FAIRBAIRN: Your Honour, yes, we have the appropriate discussions with Mr Beard. We believe that it's a true and correct view of the wage review. Therefore we are in agreement and we would like the order to be issued.

PN21

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Fairbairn. This is an application to vary the Pajingo Gold Mine Award 2000 to include in that award amounts available under the safety net review decision of 2000, print S5000. Having heard Mr Beard on behalf of the Australian Workers Union and Ms Fairbairn on behalf of the respondent employer, I am satisfied that the rates set out in the draft order part of composite exhibit B1 accurately reflect the amounts available under the safety net review decision of May 2000 and that the increases in allowances contained in the draft order are in accordance with the principles for the adjustment of allowances set out in that decision.

PN22

Accordingly I propose to vary the Pajingo Gold Mine Award 2000 in accordance with the order contained in composite exhibit B1. The order will commence from the first pay period to commence on or after 30 March 2002, that being a date 12 months since the increases available under the 1999 safety net review decision were made applicable in this award and it shall have a nominal life of six months. A formal order together with these reasons for decision will issue in due course.

PN23

Can we move to the next one Mr Beard.?

PN24

MR BEARD: The next one, your Honour, is in fact the Mount Leyshon Gold Mine Award 2000 and the application is in regard to the safety net review decision of May 2000. Again, for the record, a statement of service has been prepared stating that the appropriate documentation was forwarded to the appropriate employers on 8th March. A copy of the covering letter and receipt for registered post have been prepared for the file. I also hand to your Honour a copy of the draft order allowing schedule.

PN25

THE SENIOR DEPUTY PRESIDENT: I think we will mark them as a composite exhibit, Mr Beard. Those documents will be marked as composite Exhibit B1 in matter C2002/935. They will be placed on the file in that manner.

EXHIBIT #B1 Composite Exhibit in matter C2002/935

PN26

MR BEARD: Thank you, your Honour. Again, in accordance with the safety net review of May 2000 the wage rates have been increased by $15, the commitment in regard to the absorption of those increases into over award payments as specified in the safety net review decision is included at item 3 and again, your Honour, the union gives that commitment on transcript. The allowances have been increased in accordance with the safety net review decision and are clearly set out in the allowance schedule. The union seeks an operative for the variation to come into force from the pay period, your Honour, after 30 March, 2002 and remain in force for a period of six months. That date, your Honour, is consistent with the safety net review decision in that it will be 12 months from the last variation to the award in regard to the safety net review decision of April 1999. That variation was issued by Senior Deputy President Harrison and recorded PR903631.

PN27

Again, your Honour, I am pleased to be able to report to you that agreement has been reached in regard to the draft order. We ask that an order be issued in due course. If it please the Commission.

PN28

THE SENIOR DEPUTY PRESIDENT: Thank you Mr Beard, Ms Fairbairn.

PN29

MS FAIRBAIRN: Your Honour, again, yes we concur that discussions have been had with the AWU, Mr Beard. We believe it is a true and correct view of the safety net review year 2000. We are in agreement with Mr Beard and we would like the order to be issued.

PN30

THE SENIOR DEPUTY PRESIDENT: Thank you Ms Fairbairn. This is an application to vary the Mount Leyshon Gold Mining Award 2000 to make available in that award increases available in accordance with the safety net review decision of May 2000, Print S 5000. Having heard Mr Beard, on behalf of the Australian Workers' Union, and Ms Fairbairn on behalf of the respondent employer, I am satisfied that the draft order contained in composite exhibit B1 accurately reflects the amounts available under the May 2000 safety net decision and that the adjustment of allowances included in the draft order are calculated in accordance with the principles set out in that decision for the adjustment of allowances.

PN31

Accordingly, I will vary the Mount Leyshon Gold Mining Award 2000 in accordance with the draft order contained in composite exhibit B1. The order will come into force on the first pay period to commence on or after 30 March 2002, that being a date twelve months after which the increases available under the safety net decision of 1999 were included in this award and the order shall have a nominal life of six months. A formal order together with these reasons for decision will issue in due course.

PN32

Thank you, Mr Beard, can we move to the next one.

PN33

MR BEARD: We can, your Honour. The next matter is Greenbush's Mining and Processing Award 2000, C2002/938. Again, your Honour, a statement of service has been prepared for the file to show that appropriate correspondence was properly served on the employer and also in regard to the employer's representative, the Australian Mines and Metals Association. The statement also includes a copy of the covering letter and the receipt for registered post. I will also hand to you a copy of the draft order and allowance schedule.

PN34

THE SENIOR DEPUTY PRESIDENT: We are doing 938 at the moment?

PN35

MR BEARD: That is correct, your Honour. Greenbush.

PN36

THE SENIOR DEPUTY PRESIDENT: I think the numbers were all correct as you called them out but they are just out of order.

PN37

MR BEARD: I think I may in fact have Mount Leyshon out of sequence. I apologise for any inconvenience that I may have caused.

PN38

THE SENIOR DEPUTY PRESIDENT: It is all right. I was checking the numbers as you went so you may not be in sequence but we are in order.

PN39

MR BEARD: As I say, your Honour, I hand to you the documentation concerning the statement of service, draft order and allowance schedule.

PN40

THE SENIOR DEPUTY PRESIDENT: We will mark that as composite exhibit B1 and it will be posted on the file in matter C2002/938.

EXHIBIT #B1 composite exhibit in matter C2002/938

PN41

MR BEARD: Thank you, your Honour. The application seeks to vary the award in accordance with the safety net review decision of May 2000. Accordingly, the wage rates have been increased by $15. The commitment to the absorption of those increases into any over award payments as specified in the safety net review decision will be inserted into the award. The allowances have been varied in accordance with the appropriate mechanism as specified in the safety net review decision and are set out in the allowance schedule. You will note that the operative date sought in the draft is from the first pay period to commence on or after 30 March 2002 and to remain in force for a period of six months. The date, your Honour, again is the 12 months anniversary from the variation to the award for the safety net review decision of April 1999. That order was handed down by Senior Deputy President Harrison and recorded at PR903760. The union believes the draft does reflect proper application of the safety net review decision of May 2000, your Honour, and asks that an order be issued in due course. If it please the Commission.

PN42

THE SENIOR DEPUTY PRESIDENT: Miss Fairbairn?

PN43

MS FAIRBAIRN: Your Honour, again we concur with the AWU. We believe that is a true and correct view of the safety net review decision and are in agreement and would therefore like the order to be issued.

PN44

THE SENIOR DEPUTY PRESIDENT: Thank you Ms Fairbairn.

PN45

THE SENIOR DEPUTY PRESIDENT: This is an application to vary the Greenbush's Mining and Processing Award 2000 to incorporate in that award increases available under the safety net review decision of May 2000 Print S5000. Having heard Mr Beard on behalf of the Australian Workers Union and Ms Fairbairn who appeared for the respondent employer I am satisfied that the draft order contained in composite exhibit B1 accurately reflects the increases available under the May 2000 safety net decision and that the adjustment of the allowances contained in the draft order in composite exhibit B1 reflect increases available calculated in accordance with the principles set out in the May safety net review decision.

PN46

Accordingly, I will vary the Greenbush's Mining and Processing Award 2000 in accordance with the draft order contained in composite exhibit B1. The order shall come into force from the first pay period to commence on and after 30 March 2002 that being a date twelve months after which the increases available under the 1999 safety net review decision became available and the order shall have a nominal life of six months. A formal order together with these reasons for decision will issue in due course.

PN47

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Beard?

PN48

MR BEARD: Thank you, your Honour. I understand the next award to be dealt with is matter C2002/939 that being the Consolidated Rutile Limited Mineral Sands Award 2000. Again, your Honour, for the Commission's files a statement of service has been prepared and attached to the statements are copies of the covering letter and the receipt for registered post. I take the opportunity of also handing to you a copy of the draft order and allowance schedule.

PN49

THE SENIOR DEPUTY PRESIDENT: Again, we will mark those as a composite exhibit. It will be composite exhibit B1 and it will be placed on the file in C2002/939.

EXHIBIT #B1 COMPOSITE EXHIBIT IN THE MATTER OF C2002/939

PN50

MR BEARD: The application, your Honour, seeks to vary the award in accordance with the safety net review decision of April 1999. Accordingly, the wage rates have been increased by either $12 or $10 depending whether the rates were above or below $510. The commitment to the absorption of those increases into over award payments as specified in the decision will be inserted into the award at item 2 and again the union gives its commitment on transcript in regard to the absorption. The allowances have been increased in accordance with the appropriate mechanism contained within the safety net review decision and are set out in the allowance schedule. The operative date sought, your Honour, is again from the first pay period commencing on or after 30th March 2002 and to remain in force for a period of six months. Again, that date represents 12 months from the date when the award was last varied in regard to a safety net review decision, that was a safety net review of 1998. The order was handed down by Senior Deputy President Harrison in PR903752 and as I say the operative date on that order was 30 March 2001.

PN51

Again, your Honour, I am pleased to be able to report to you that agreement has been reached in regards to the draft and ask that an order be issued in due course. If it please the Commission.

PN52

THE SENIOR DEPUTY PRESIDENT: Thank you Mr Beard, Ms Fairbairn?

PN53

MS FAIRBAIRN: Your Honour, yes we have had discussions with the AWU. We believe it to be the true and correct view of the safety net review decision 1999. Therefore we are in agreement and would like the order to be issued.

PN54

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Fairbairn. This is an application to vary the Consolidated Rutile Limited Mineral Sands Award 2000 for increases available under the safety net review decision of April 1999 Print R1999. Having heard Mr Beard who appeared on behalf of the Australian Workers Union and Ms Fairbairn who appeared on behalf of the respondent employer I am satisfied that the draft order contained in composite exhibit B1 accurately reflects the monetary increases available under the April 1999 safety net decision and that the increases in allowances also contained in the draft order are calculated in accordance with the principles for an adjustment of allowances set out in the April 1999 decision.

PN55

Accordingly, I will vary the award in accordance with the draft order contained in composite exhibit B1. The order will come into force from the first pay period to commence on or after 30 March 2002 that being a period 12 months after the increases available under the April 1998 safety net decision became available in this award and the order shall have a nominal life of six months. The formal award together with these reasons for decision will issue in due course.

PN56

THE SENIOR DEPUTY PRESIDENT: Yes, thank you Mr Beard.

PN57

MR BEARD: Thank you, your Honour. The next award to be dealt with is the Big Bell Mines Award 1988 and is C2002/940. Again, your Honour, a statement of service together with a covering letter and registered post receipt have been prepared for your file to show that proper service was affected and I will also tender to you a copy of the draft order and allowance schedule.

PN58

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Beard. Those documents will be marked as a composite exhibit B1 in C2002/940 and they will be placed on the file in that matter.

EXHIBIT #B1 COMPOSITE EXHIBIT IN THE MATTER OF C2002/940

PN59

MR BEARD: For a change, your Honour, this application seeks to vary the award in accordance with the safety net review decision of May 2001. However, you will note, your Honour, that the wage rates are expressed as an annual salary and the method used there was to divide the amount by 52 and then to add on the appropriate amount, whether it be $17, $15 or $13 depending on that particular weekly rate.

PN60

THE SENIOR DEPUTY PRESIDENT: And then multiply it by 52?

PN61

MR BEARD: And then multiply it by 52 to get back to the annual rate. The commitment to the absorption of those increases to any over award payments as specified in the May 2001 decision will be inserted into the award and the union gives that commitment on transcript. There is only one allowance contained within the Award, your Honour, and the shift allowance has been increased in accordance with the formula use in the furnishing and glass industries allowance decision and that is clearly set out in the allowance schedule. You will note that the operative date sought is from 31st March 2002 and to remain in force for a period of six months. As you would expect, your Honour, the award was varied for the safety net review of May 2000 by Senior Deputy President Harrison as recorded print PR903748 and the operative date in regard to that order was the first pay period to commence on or after 31 March 2001, obviously with twelve months separation between the variations as specified in the safety net review decision has been met.

PN62

Again, your Honour, agreement has been reached in regards to the contents of the draft and we ask that an order be issued in due course. If it please your Honour.

PN63

THE SENIOR DEPUTY PRESIDENT: Miss Fairbairn?

PN64

MS FAIRBAIRN: Your Honour we have had discussions with the AWU, Mr Beard, and we believe it is a true and correct review of the safety net review decision 2001. We are in agreement and would therefore like the order to be issued.

PN65

THE SENIOR DEPUTY PRESIDENT: Thank you Ms Fairbairn. This is an application to vary the Big Bell Miners Award 1988 for increases available under the safety net review decision of May 2001 Print PR002001. Having heard Mr Beard on behalf of the Australian Workers Union and Ms Fairbairn on behalf of the respondent employer I am satisfied that the increases available in relation to the safety net review decision are accurately included in the draft order set out in composite exhibit B1 and that the adjustment for the allowance appearing in the draft order in composite B1 is calculated in accordance with the principles set out in the safety net review decision of May 2001.

PN66

Accordingly, I will vary the Big Bell Mines Award 1998 (sic) in accordance with the draft order set out in composite exhibit H1 (sic), the increases or the order shall come into force from the first pay period to commence on or after 31 March 2002, that being a date 12 months after the increases available under the safety net review decision of May 2000 were made available in this award and the order shall have a nominal life of 6 months. The formal order together with these reasons for decision will issue in due course.

PN67

Yes, Mr Beard?

PN68

MR BEARD: Thank you, your Honour. Well, we finally get to the last application in regard to these proceedings today. This is in regard to the C number 2002/941 matter being the Western Metals Limited Mount Gordon Award 2000. Again, as a token of service, your Honour, together with covering letter and receipt for registered post have been prepared for the file to show that proper service was effected. I also hand to you a copy of the draft order and allowance schedule.

PN69

THE SENIOR DEPUTY PRESIDENT: Thank you. Again, Mr Beard, we will mark them as composite exhibit B1 and they will be placed on the file in matter C number 2002/941.

EXHIBIT #B1 WESTERN METALS LIMITED MOUNT GORDON AWARD 2000 TOGETHER WITH COVERING LETTER AND RECEIPT FOR REGISTERED POST

PN70

MR BEARD: The application seeks to vary the award in accordance with the Safety Net Review decision of April 1999. Accordingly, the wage rates have been increased by either $10 or $12 depending on whether the rate before the increase was above or below $510. The Safety Net Review decision as the commitment in regard to the absorption of those increases and to any over award payments as specified in the decision will be inserted into the award at item 2. The allowances have been increased in accordance with the appropriate mechanism as specified in the decision and as shown in the allowance schedule. The operative date sought, your Honour, is from the first pay period to commence on or after 30 March, 2002 and to remain in force for a period of six months.

PN71

Again, the date reflects the 12 month anniversary from the time when the award was varied for the April 1998 Safety Net Review Decision. It was an order issued by Senior Deputy President Harrison in PR903754 and as I say was operative from the first pay period to commence on or after 30 March, 2001. Again, your Honour, the draft order has been given the all clear by employer representatives and accordingly we would ask that an order in the terms of the draft be issued in due course. If it please the Commission.

PN72

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Beard. Ms Fairbairn?

PN73

MS FAIRBAIRN: Your Honour, I concur that we have had discussions with the AWU, Mr Beard, and we believe that it is a true and correct view of the Safety Net Review Decision 1999 and accurately recorded in the draft order. Therefore we are in agreement and would like the order to be issued.

PN74

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Fairbairn. This is an application to vary the Western Metals Limited Mount Gordon Award 2000 to increase the rates of pay and allowances in that award by amounts available under the Safety Net Review Decision of April 1999, print R1999. Having heard Mr Beard on behalf of the Australian Workers Union and Ms Fairbairn on behalf of the respondent employers, I am satisfied that the increases set out in the draft order contained in composite exhibit H1 are calculated in accordance with the Safety Net Review Decision of April 1999 and the adjustment of the allowances contained in the draft order are calculated in accordance with the principles set out in the Safety Net Review Decision of April 1999.

PN75

Accordingly, I will vary the Western Metals Limited Mount Gordon Award 2000 in accordance with the draft order contained in composite exhibit B1. The order will commence of course from the first pay period to commence on or after 30 March, 2002. That being a period 12 months after the increase is available under the April 1998 Safety Net Decision were included in this award. The order shall have a nominal life of six months. The formal order together with these reasons for decision will issue in due course.

PN76

Can I thank you, Mr Baird and Ms Fairbairn and unless there is anything else the Commission will adjourn to a later hour this morning.

ADJOURNED ACCORDINGLY [11.14am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #B1 Composite Exhibit in matter C2002/935 PN26
EXHIBIT #B1 composite exhibit in matter C2002/938 PN41
EXHIBIT #B1 COMPOSITE EXHIBIT IN THE MATTER OF C2002/939 PN50
EXHIBIT #B1 COMPOSITE EXHIBIT IN THE MATTER OF C2002/940 PN59
EXHIBIT #B1 WESTERN METALS LIMITED MOUNT GORDON AWARD 2000 TOGETHER WITH COVERING LETTER AND RECEIPT FOR REGISTERED POST PN70