C2002/1088, Transcript of Proceedings [2002] AIRCTrans 1851 (28 May 2002)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N VT03966

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C2002/1088

MANNEQUINS AND MODELS AWARD 1991

Application under section 113 of the Act
by Shop, Distributive and Allied Employees
Association to vary the above award
re parental leave

MELBOURNE

10.05 AM, MONDAY, 13 MAY 2002

PN1

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

PN2

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Heagney. You proceed.

PN3

MS HEAGNEY: Your Honour, this is an application by the association to vary the Mannequins and Models Award 1991 to include parental leave for casual employees in accordance with the Parental Leave for Casuals test case decision of May 2001, print number 904361. Notice of hearing has been sent to the parties as per the order of substituted service. This notice was effected by facsimile transmission to the parties. I have transmission records to hand up to the Commission if it please.

EXHIBIT #H1 FACSIMILE TRANSMISSION RECORDS RE NOTICE OF HEARING

PN4

MS HEAGNEY: Your Honour, I would like to just draw your attention again to one issue today. The SDA has actually revised the draft order in relation to the date of operation or eligibility for a casual employee. This has been changed to reflect the decision of Vice President Ross made on 4 March 2002 in the NUW and Butter Factories Award decision. This is print number 914876. I have a copy of the revised order, if it please the Commission.

EXHIBIT #H2 COPY OF REVISED ORDER

PN5

MS HEAGNEY: Your Honour, this revised order has been sent to the parties, again by facsimile transmission, of which I have the records to hand up to the Commission.

EXHIBIT #H3 FACSIMILE RECORDS OF SERVICE OF REVISED ORDER

PN6

MS HEAGNEY: 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.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you. I note there are no appearances from anybody to oppose this application. Accordingly, I therefore propose to deal with the matter now. This is an application to vary the Mannequins and Models Award 1991 by varying clause 40, parental leave, to include new paragraphs relating to parental leave for casuals.

PN8

The order proposed in exhibit H2 is, in my view, consistent with the test case awarding such an entitlement and, accordingly, it is appropriate to vary the Mannequins and Models Award 1991 to incorporate the provisions of the test case as per the provisions of the draft order, exhibit H2. I will vary the award, therefore, in accordance with exhibit H2. The order will operate from the first pay period to commence on or after today's date and it will have a nominal life of 12 months. Thank you, Ms Heagney. Unless there is anything further, we will adjourn until a later hour this morning.

ADJOURNED INDEFINITELY [10.08am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #H1 FACSIMILE TRANSMISSION RECORDS RE NOTICE OF HEARING PN4
EXHIBIT #H2 COPY OF REVISED ORDER PN5
EXHIBIT #H3 FACSIMILE RECORDS OF SERVICE OF REVISED ORDER PN6