C2002/1113, Transcript of Proceedings [2002] AIRCTrans 1311 (18 April 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
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TRANSCRIPT OF PROCEEDINGS


O/N VT03305
A 10.4.02

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

C2002/1113
C2002/1084

CHEMISTS (AUSTRALIAN CAPITAL
TERRITORY) AWARD 2000

RETAIL AND WHOLESALE INDUSTRY -
SHOP EMPLOYEES - AUSTRALIAN
CAPITAL TERRITORY - AWARD 2000

Applications under section 113 of the Act
by Shop, Distributive and Allied Employees
Association to vary the above awards
concerning parental leave

MELBOURNE

10.25 AM, THURSDAY, 4 APRIL 2002

THE HEARING WAS CONDUCTED BY VIDEO CONFERENCE IN MELBOURNE

PN1

MS HEGNEY: I appear on behalf of the Shop, Distributive and Allied Employees Association.

PN2

THE DEPUTY PRESIDENT: I think we have lost sound momentarily.

PN3

MS STRINER: Sorry?

PN4

THE DEPUTY PRESIDENT: No, we have got it back. We just lost the sound momentarily, so we have now got you, Ms Striner.

PN5

MS J. STRINER: That is right. Your Honour, I only appear in the Retail and Wholesale Industry and not Chemists. So yes, thank you.

PN6

THE DEPUTY PRESIDENT: Thank you.

PN7

MS M. McDONNELL: I appear for Australian Business Industrial. I appear in both matters.

PN8

THE DEPUTY PRESIDENT: Thank you. Ms Hegney?

PN9

MS HEGNEY: This is an application by the Association to vary the Chemists (ACT) Award 2000 and the Retail and Wholesale Industry - Shop Employees (ACT) Award 2000 to include parental leave for casual employees in accordance with the parental leave for casuals test case decision of May 2001, Print Number 904631. Your Honour, notice of hearing has been sent to the appropriate parties. This notice was effected by facsimile transmission. I have the transmission records to provide to the Commission, if it please.

PN10

THE DEPUTY PRESIDENT: Yes.

EXHIBIT #A1 NOTICE OF HEARING FACSIMILE TRANSMISSION RECORDS

PN11

MS HEGNEY: Thank you, your Honour. Your Honour, I would like to draw your attention to one issue, that being that the STA has revised the draft order in relation to the date of eligibility for a casual employee. This has been changed to reflect the recent decision of Vice President Ross, Print Number 914876, a decision made on 4 March 2002 in regards to the MUW and Butter Factories Award. This revised draft order was sent to the appropriate parties, again by facsimile transmission. I have the transmission records again to provide to the Commission, if it please, and I also have a copy of the revised draft order for the Commission.

PN12

THE DEPUTY PRESIDENT: Thank you.

PN13

MS HEGNEY: For both awards.

EXHIBIT #A2 FACSIMILE TRANSMISSION RECORDS FOR DRAFT ORDER

EXHIBIT #A3 DRAFT ORDER

PN14

MS HEGNEY: Thank you, your Honour. Your Honour, this application is consistent with the principles of the test case decision and we would seek that the Commission grant this application effective from today's date, if it please the Commission.

PN15

THE DEPUTY PRESIDENT: Thanks, Ms Hegney. Yes, Ms Striner?

PN16

MS STRINER: Thank you, your Honour. Your Honour, the only issue I have with the application before us - before you today, is in relation - is in relation to - is two-fold. Firstly, the insertion of the parental leave under parental leave relating to the return to work for labour hire employees which did form part of the original test case, but seems to be absent from the application before you today in both, I believe, Chemists as well as the Retail and Wholesale Trade, and as such, we would ask for that to be inserted in line with the test case. In addition - no, sorry. That is all. Sorry. Thank you, your Honour.

PN17

THE DEPUTY PRESIDENT: Thanks, Ms Striner. Ms McDonnell?

PN18

MS McDONNELL: Thank you, your Honour. I have nothing further to add. I support the submissions of Ms Striner and the AIG.

PN19

THE DEPUTY PRESIDENT: Thank you. Ms Hegney, did you want to address that matter of the - - -

PN20

MS HEGNEY: Your Honour, I have no problem inserting the labour hire provisions. I just wasn't of the understanding that labour hire was relevant in the industry, so that is why they were missing from the application.

PN21

THE DEPUTY PRESIDENT: Yes. And to that end, what are you suggesting, Ms Hegney? That you will provide another draft order or are you requesting the Commission to amend the order accordingly?

PN22

MS HEGNEY: I can provide a revised draft order for the Commission, if it please.

PN23

THE DEPUTY PRESIDENT: Thank you, Ms Hegney. And you will provide that, obviously, to the parties?

PN24

MS HEGNEY: Yes, also to the parties.

PN25

THE DEPUTY PRESIDENT: Thank you. I intend, subject to the receipt of that amended order and that amended being in a satisfactory form, to grant the application of the union in this matter and again, subject to the qualifications with respect to the amended order, that order will have an effect from today's date. As it is a common rule awards, in accordance with section 142(7) of the Act, that order will not be enforceable for a period of 28 days from today's date. On that basis, I will adjourn these proceedings and I think we can actually move directly to the next proceeding. We are about to hang up on you Sydney, so thank you very much for your submissions.

PN26

MS HEGNEY: Thank you. Can I just ask a quick question? Did we vary both awards in those proceedings or are we going to come back on?

PN27

THE DEPUTY PRESIDENT: No, I - both awards have been varied. I am sorry for not making that clear.

PN28

MS HEGNEY: Certainly. Thank you.

PN29

THE DEPUTY PRESIDENT: Yes.

ADJOURNED INDEFINITELY [10.31am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 NOTICE OF HEARING FACSIMILE TRANSMISSION RECORDS PN11
EXHIBIT #A2 FACSIMILE TRANSMISSION RECORDS FOR DRAFT ORDER PN14
EXHIBIT #A3 DRAFT ORDER PN14