C0034/799, Transcript of Proceedings [2002] AIRCTrans 1346 (22 April 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT034920

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C No 00347 of 1999

CHRISTMAS ISLAND SHIRE COUNCIL
AWARD 1993

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

CHRISTMAS ISLAND

2.14 PM, FRIDAY, 5 APRIL 2002

PN1

MR G. THOMSON: I appear on behalf of Union of Christmas Island Workers.

PN2

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Thomson. Ms Robinson, I believe you might have been in the hearing room when I opened the previous proceedings, and I extended my gratitude to the parties in all the matters that have been before me this week, and indeed to the community for the assistance we have received. I wish to reiterate that for your ears, and I specifically wanted to thank you for the excellent professional job you did in producing the draft of the award that was finally acceptable between the parties.

PN3

MS ROBINSON: Thank you, your Honour.

PN4

THE SENIOR DEPUTY PRESIDENT: While I am speaking with you, could I just confirm with you the allowances for community language allowance. That has now been adjusted, has it, to reflect a properly fixed minimum allowance?

PN5

MS ROBINSON: Yes, it has, your Honour. The rates have actually gone down from those in the previous draft, but they are correct.

PN6

THE SENIOR DEPUTY PRESIDENT: But that is understandable, in view of the fact that it is a minimum award?

PN7

MS ROBINSON: Yes.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Robinson. Mr Thomson, do you wish to say anything in relation - sorry, did you want to say anything else about the matter?

PN9

MS ROBINSON: No, your Honour, other than we have I think now provided a final draft to the Commission, and I believe all of the matters relating to the award simplification requirements, minimum rates configuration, and so forth, in the award have been addressed.

PN10

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Robinson. Mr Thomson?

PN11

MR THOMSON: No, thank you, your Honour.

PN12

THE SENIOR DEPUTY PRESIDENT: Very well. In this matter I was required to conduct a review of the Christmas Island Shire Council Award 1993 pursuant to Item 51 of Part II of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996.

PN13

Initially the matter was allocated to Commissioner Laing who notified the parties to the award of the intended review, and met with the parties in conferences on other occasions. Since the matter was allocated to me, I have conducted preliminary hearings in Perth and from Melbourne by telephone on 2 February and 7 March 2002, and conferences on Island on 3 and 5 April 2002.

PN14

The parties to this award are the Shire of Christmas Island, which I shall refer to as the Shire, and the Union of Christmas Island, which I shall refer to as the Union and its members. In the proceedings before me, Ms Robinson has appeared on behalf of the Shire, and Mr Thomson has appeared on behalf of the Union and its members.

PN15

At the conclusion of the conference on 3 April, I indicated to the parties that subject to some certain variations to pay rates and certain machinery matters, I would be in a position to make an order in the matter on 5 April 2002.

PN16

After further conferences this morning and upon hearing Ms Robinson and Mr Thomson today, I am satisfied that the award as adjusted in the review process meets the requirements of Item 51 of the WROLA Act. I am also satisfied that the rates of pay and allowances expressed in the award are in fact properly fixed minimum rates. At the request of the parties I have exercised my powers under section 111 and section 113 of the Act to vary the award wherever necessary, to ensure that the award is current and applicable to the workplace.

PN17

I have agreed to make the order in the terms that have been discussed with the parties. Details of the necessary changes and variations in the award will be set out fully in my published reasons for decision. The award as varied has effect from today, 5 April 2002. My order will be issued in due course.

PN18

Are there any other matters, Ms Robinson?

PN19

MS ROBINSON: No, your Honour.

PN20

THE SENIOR DEPUTY PRESIDENT: Mr Thomson?

PN21

MR THOMSON: No, your Honour.

PN22

THE SENIOR DEPUTY PRESIDENT: Very well. That matter is now adjourned.

ADJOURNED INDEFINITELY [2.19pm]