C2001/5331, Transcript of Proceedings [2002] AIRCTrans 176 (8 January 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LARKIN

C2001/5331

SECURITY EMPLOYEES (ACT) award 1998

Application under section 113 of
the Act by the Australian Liquor,
Hospitality and Miscellaneous Workers
Union - Australian Capital Territory
Branch to vary the above award re
amount of allowance in clause 5.5.7(c)

SYDNEY

4.38 PM, WEDNESDAY, 19 DECEMBER 2001

Continued from 22.11.01

PN4

THE COMMISSIONER: Yes, could I take appearances, please?

PN5

MS S. BENNETT: If the Commission pleases, I appear on behalf of the ALHMWU.

PN6

THE COMMISSIONER: Thank you, Ms Bennett. That's the only appearance I have this morning. Yes, Ms Bennett?

PN7

MS BENNETT: Firstly, Commissioner, I'd like to say I know we've had a few false starts with this matter and I do apologise for any inconvenience that I may have caused the Commission. This is an application to amend the Security Employees ACT Award to vary the space tracking stations allowance in this award. The application is made in accordance with section 89(2)(j) the appropriate allowable award matter being allowances. The application is consistent with section 88B(2) of the Workplace Relations Act 1996 in that it seeks a set of safety net of fair minimum wages and conditions of employment.

PN8

The application also seeks to clarify an ambiguity in the award in relation to this allowance pursuant to section 113(2) of the Act. I would like to take the Commission to clause 5.5.7(a) of the award which sets out the allowance paid to employees at the Deep Space Station which is an amount of $50.55. I would also like to take the Commissioner to clause 5.5.7(d) which sets out that the rates shall be at all times in accordance with those contained in the Space Tracking Industry Award.

PN9

If the Commission pleases, I would like to hand up a schedule of the Space Tracking Station allowance showing the variations made to the allowance for the past 15 years.

PN10

THE COMMISSIONER: First off, do you have material to hand to me, Ms Bennett, in relation to the union notifying as per the substituted service order, in the ACT?

PN11

MS BENNETT: I do, I have a statement which was filed which I'd like to hand up. I couldn't find a statement of service. According to the secretary of the union, a statement has been filed, I again notified the ACT Chamber of Commerce and Industry yesterday afternoon because I was concerned that they hadn't been notified and I also spoke to David Morphett this morning, who indicated he had received notification and that he wouldn't be appearing today.

PN12

THE COMMISSIONER: He received notification from the union.

PN13

MS BENNETT: He did, yes.

PN14

THE COMMISSIONER: This is your statement as to service by Ms Scutfield.

PN15

MS BENNETT: That is right, Commissioner.

PN16

THE COMMISSIONER: We will mark that document B1, please.

EXHIBIT #B1 STATEMENT AS TO SERVICE

PN17

THE COMMISSIONER: The next thing, do you have a draft order for me?

PN18

MS BENNETT: I certainly do, Commissioner.

PN19

THE COMMISSIONER: I will mark the draft order B2.

EXHIBIT #B2 DRAFT ORDER

PN20

THE COMMISSIONER: The next document you have for me is an extract from the Space Tracking Industry Award 1974?

PN21

MS BENNETT: I've got a schedule of the allowance. Did you need an extract of that?

PN22

THE COMMISSIONER: No, I'm sorry, I thought you said you had an extract. What you have is a calculation sheet which you say is a schedule reflecting this particular allowance in the Space Tracking Industry Award 1974.

PN23

MS BENNETT: That's right, Commissioner.

PN24

THE COMMISSIONER: We will mark that document B3.

EXHIBIT #B3 SCHEDULE REFLECTING PARTICULAR ALLOWANCE IN THE SPACE TRACKING INDUSTRY AWARD 1974

PN25

MS BENNETT: I would also like to hand up to the Commission a copy of the order which updated the allowance under the 2001 Safety Net Review Decision because that is not reflected on the schedule.

PN26

THE COMMISSIONER: It updated the Space Tracking Industry Award 1974.

PN27

MS BENNETT: That is correct, Commissioner.

PN28

THE COMMISSIONER: Yes, we will mark that order exhibit B4, please.

EXHIBIT #B4 ORDER UPDATING THE ALLOWANCE UNDER THE 2001 SAFETY NET REVIEW DECISION

PN29

MS BENNETT: You will see, Commissioner, that under clause 9 of the order the allowance is currently at $63.10 and I should also point out that at no time have the two allowances been at the same rate.

PN30

THE COMMISSIONER: I'm sorry, whereabouts in B4 am I looking?

PN31

MS BENNETT: Clause 9 of the order which is the Deep Space Tracking Station.

PN32

THE COMMISSIONER: Communication Complex, yes, I see.

PN33

MS BENNETT: I should point out that at no time have the two allowances been at the same rate, for what reason I don't know, so the application here today seeks to clarify that ambiguity and bring them both in line with the amount which is in the Space Tracking Industry Award which is as it should be, as per the award.

PN34

THE COMMISSIONER: You mean bring the Security Industry's (ACT) Award 1998 in line with the - - - ?

PN35

MS BENNETT: Allowance, yes, in line. I have spoken to the ACT Branch who will try and make application every two years so that it is kept in line with the Space Tracking Industry Award inthe future. I have today phoned David Morphett of the ACT Chamber of Commerce and Industry who was the only employer required to be notified of the hearing today who has indicated to me that he was not going to appear today but that he had no members affected by the application and as such, had no objection to the variation.

PN36

I have e-mailed to your associate and handed up today a copy of the order that the union seeks today. The union seeks that the order be made with an operative date of the first pay period on or after 19 December.

PN37

THE COMMISSIONER: Yes, thank you, Ms Bennett. Having heard Ms Bennett I will vary the Security Industry's (ACT) Award 1998 in line with the draft order tendered by Ms Bennett and marked as B2 with the exception that the operative date will be today's date being the 19th and not the 18th. Do you disagree with that, Ms Bennett?

PN38

MS BENNETT: No, Commissioner.

PN39

THE COMMISSIONER: The order giving effect to this decision will take effect from the beginning of the first pay period to commence or after 19 December and that order shall remain in force for a period of six months. If there is nothing further, the Commission is adjourned.

ADJOURNED INDEFINITELY [2.10pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #B1 STATEMENT AS TO SERVICE PN17
EXHIBIT #B2 DRAFT ORDER PN20
EXHIBIT #B3 SCHEDULE REFLECTING PARTICULAR ALLOWANCE IN THE SPACE TRACKING INDUSTRY AWARD 1974 PN25
EXHIBIT #B4 ORDER UPDATING THE ALLOWANCE UNDER THE 2001 SAFETY NET REVIEW DECISION PN29