C0034/999, Transcript of Proceedings [2002] AIRCTrans 1344 (22 April 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114J MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N VTO3499

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C No 00349 of 1999

CHRISTMAS ISLAND LAUNDRY
AWARD 1996

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

CHRISTMAS ISLAND

3.34 PM, FRIDAY, 5 APRIL 2002

PN1

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Thomson, you appear on behalf of the union in this matter.

PN2

MR THOMSON: Yes, I do, thank you, your Honour.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Thomson. I should indicate that in this matter notification was sent to the Union of Christmas Island Workers. No other parties have been identified from the file. There was a notice forwarded to the Christmas Island Laundry on 23 August 2001 informing them of hearings in September 2001. There was no appearance by the Christmas Island Laundry or on behalf of the Christmas Island Laundry at that time.

PN4

Subsequently a notice has been forwarded to Mr Nuaki on behalf of the Christmas Island Laundry but on the occasion that the matter was called on for hearing in Christmas Island there was no appearance for or on behalf of anybody for the Christmas Island Laundry. Subsequently Mr Thomson indicated that the Commission ought to proceed to process the award under item 51 on the basis that the award will have operative effect because the laundry is still in existence and although it is not presently operating there is a very good prospect of it operating in due course.

PN5

In the circumstances I agree that the award ought to be simplified and exercise my powers under item 51 in the WROLA Act to do so. I did that in consultation with Mr Thomson on behalf of the union who is the only other party to the award, that is apart from the Christmas Island Laundry. Mr Thomson, do you wish to say anything else in relation to the matter?

PN6

MR THOMSON: Thank you, your Honour. Apart from the fact that I appreciate the fact that the award has been dealt with to our satisfaction and thank you for that.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes. Am I right in understanding though that we have not clarified that the rates of pay are a properly fixed minimum in that award?

PN8

MR THOMSON: You are right. That is correct.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, very well. In the circumstances I have reviewed or conducted a review of this award in all matters other than the properly fixed minimum rates of pay. That review has been conducted pursuant to item 51 of Part II of schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996. In the course of that review nobody has appeared on behalf of the Christmas Island Laundry and I am informed by Mr Thomson that the laundry is still, although not operating, in existence and that there is an anticipation that it will at some stage commence operations and employ employees.

PN10

In the circumstances I have agreed to simplify the award and have done so in consultation with Mr Thomson on behalf of the union and I have satisfied myself that the variations and changes made comply with the requirements of item 51 of the WROLA Act of section 89A of the Act and subject to the rates of pay being adjusted to effect properly fixed minimum rates of pay I propose to issue an interim order to be finalised at the time after the rates of pay have been fixed as minimum rates.

PN11

This award, too, is yet to be reformatted in consequence of the changes that have been made in the review process. That will be undertaken by the Commission and in due course I will publish full reasons for my decision in the matter setting out the details of the necessary changes and variations in the award to comply with the requirements of item 51 of 89A. Thank you, Mr Thomson, for your assistance in the matter. That matter is adjourned.

ADJOURNED INDEFINITELY [3.39pm]