C2002/1353, Transcript of Proceedings [2002] AIRCTrans 1216 (10 April 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER JONES

C2002/1353

STATE TRANSIT AUTHORITY OF NEW
SOUTH WALES BUS ENGINEERING
MAINTENANCE AWARD 2001

Application under section 113 of the Act
by Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union
to vary the above award re adult apprentice
wages etcetera

SYDNEY

2.21 PM, TUESDAY, 26 MARCH 2002

Hearing continuing

PN1

THE COMMISSIONER: May I have appearances, please?

PN2

MS S. TERPSTRA: If it please the Commission, I appear for the Australian Manufacturing Workers Union.

PN3

MR M. WHYBROW: Commissioner, I appear for State Transit with MS E. HOLMES.

PN4

MS TERPSTRA: Commissioner, I inadvertently forgot to advise that the CEPU, the Communications, Electrical and Plumbing Union, have advised us that they are unable to appear at the hearing and have requested us to represent their interests at the hearing today.

PN5

THE COMMISSIONER: Yes, thank you.

PN6

MS TERPSTRA: Commissioner, this is an application pursuant to section 113 of the Workplace Relations Act to vary the State Transit Authority of New South Wales Bus Engineering Maintenance Award in respect to adult apprentice rates. I have had discussions with the employer in relation to our application and during the course of those discussions it was generally agreed between us that there are some minor issues that need to be resolved relating to the application. Substantially it seems to be as it should be; however, there are some minor issues.

PN7

What the union would like to do at today's hearing, Commissioner, is request that the matter be stood aside for two weeks in order that further discussions in respect to the application can take place and that we come back either by report-back or I can let your associate know that the matter might be able to proceed by consent hearing or otherwise. That is our application at this stage. I can provide more detail on what those outstanding issues are if you wish.

PN8

THE COMMISSIONER: No, I don't require that at this stage. If the parties can settle, that is well and good. Mr Whybrow.

PN9

MR WHYBROW: Yes, I concur, Commissioner. We only got the application I think on Thursday or Friday, so I will go on the record as saying that I am not in a position to consent at this stage anyway, I haven't been instructed by senior management. We have had some discussions with the union, as Ms Terpstra said, there are a couple of minor issues and I think a two-week adjournment of these proceedings so that we can attempt to discuss some of those issues and for me to get some instructions would be fruitful.

PN10

THE COMMISSIONER: We will look at dates. What about 22 April?

PN11

MS TERPSTRA: Yes, that would be convenient, Commissioner.

PN12

MR WHYBROW: Yes, 22 April would be suitable for us.

PN13

THE COMMISSIONER: We will say 2.30 pm on 22 April. My office will send out the new listing. The parties might be able to indicate to the Commission before then where they are standing and we will know what we have to face at 2.30 on 22 April. The Commission stands adjourned.

ADJOURNED UNTIL MONDAY, 22 APRIL 2002 [2.30pm]