C0034/499, Transcript of Proceedings [2002] AIRCTrans 1343 (22 April 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VTO3498

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C No 00344 of 1999

CHRISTMAS ISLAND BUS AND REFUSE
SERVICES AWARD 1992

Review under Item 51, Schedule 5
Transitional WROLA Act 1996 re conditions of
employment

CHRISTMAS ISLAND

3.26 PM, FRIDAY, 5 APRIL 2002

PN1

MR G. THOMSON: I appear for the Union of Christmas Island Workers.

PN2

MS C. WRIGHT: I appear for the Christmas Island Bus Service.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Wright. Mr Thomson, is there anything you wish to raise in relation to this matter?

PN4

MR THOMSON: The union is satisfied that the amendments made to the Christmas Island Bus and Refuse Award 1992 in conferences satisfy the requirements of the Act and we agree to the final arrangements that your Honour has recorded I think.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you very much, Mr Thomson. Ms Wright, do you wish to say anything in relation to that?

PN6

MS WRIGHT: Just to concur with Mr Thomson, your Honour, that I am quite happy with the changes that have been made.

PN7

THE SENIOR DEPUTY PRESIDENT: As I recall from the conferences there is an outstanding matter about the classifications and rates of pay which is yet to be reviewed and in that case I will make an interim decision and an interim award subject to those matters being reviewed. Is that how you understood it, Ms Wright?

PN8

MS WRIGHT: Except, your Honour, I am not quite sure what you mean by an interim order.

PN9

THE SENIOR DEPUTY PRESIDENT: It would mean that I will make the final order after I have had an opportunity to consider whether or not the wages rates are properly fixed minimum rates of pay. At this stage that is as far as I will be needing to go but as I understand it there is a question to be resolved about whether or not there are appropriate classifications for the workplace. Is that right?

PN10

MS WRIGHT: Yes, yes.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes. All right. Is that as you understood it, Mr Thomson?

PN12

MR THOMSON: Yes, your Honour. You have referred to the need for inspections of the workplace - - -

PN13

THE SENIOR DEPUTY PRESIDENT: Yes.

PN14

MR THOMSON: - - - so you can determine with the parties what the appropriate classification structure would be. Ms Wright referred to maintenance work that is carried out in the workshop which is not covered by the classification structure at the moment and we look forward to finalising the classification structure. And we understand the Commission will take up the issue of the properly constructed minimum rates.

PN15

THE SENIOR DEPUTY PRESIDENT: Thank you. Did you wish to say anything else, Ms Wright?

PN16

MS WRIGHT: No, nothing further, your Honour.

PN17

THE SENIOR DEPUTY PRESIDENT: Thank you very much. In this matter I was required to conduct a review on the Christmas Island Bus and Refuse Services Award 1992 Print K4917 C0349 pursuant to the Item 51 Part 2 Schedule 5 of the Workplace Relations Other Legislation Amendment Act 1996. The matter was initially allocated to Commissioner Laing who has conducted conferences and consulted with the parties on a very limited basis and since the retirement of Commissioner Laing the matter was referred to me for resolution and certification under the relevant provisions of the legislation.

PN18

I have conducted conferences with the parties in Christmas Island and in the course of those conferences there has been a very high degree of co-operation resulting in the award being simplified in accordance with Item 51 and the requirements of section 89A of the Workplace Relations Act. There only remains to be resolved the issue of classifications and properly fixed minimum rates to be paid for those classifications. On that basis it is proposed that I will make an interim order subject to finalisation upon review of the classification structure and the adjustment of the rates of pay so that they accord with properly fixed minimum rates of pay.

PN19

I am satisfied, however, that the award as adjusted otherwise satisfies the requirements of Item 51 of the WROLA Act and subject to also some issues to do with formatting of the award resulting from the variations that have occurred since I have come to the island I propose to make an interim order as agreed between the parties and in due course I will publish fuller reasons for my decision in this matter. Details of the necessary changes to the award and variations in the award will be set out fully in my published reasons for decision.

PN20

To the extent that it has been necessary to vary the award beyond the powers conferred by Item 51 the parties have agreed that those variations should be made wherever necessary in the exercise of my powers under section 111 and section 113 of the Act. The varied award will take effect from the date of the order. Are there any other matters? Ms Wright?

PN21

MS WRIGHT: Not as far as I am concerned, your Honour.

PN22

THE SENIOR DEPUTY PRESIDENT: No, very well. In due course a copy of the order and the award will be forwarded to you by my associate. Mr Thomson?

PN23

MR THOMSON: No. Thank you, your Honour.

PN24

THE SENIOR DEPUTY PRESIDENT: No. Thank you. The matter is adjourned. Thank you.

ADJOURNED INDEFINITELY [3.32pm]