C2002/482, Transcript of Proceedings [2002] AIRCTrans 2033 (6 June 2002)

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TRANSCRIPT OF PROCEEDINGS


AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C2002/482

PARKING STATIONS ETC EMPLOYEES
(ACT) AWARD 1983

Application under section 113 of the Act
by the Australian Liquor, Hospitality and
Miscellaneous Workers Union to vary the above
award re Safety Net Review - May 2002

CANBERRA

12.07 PM, THURSDAY, 23 MAY 2002

PN1

THE SENIOR DEPUTY PRESIDENT: Good afternoon. May I have the appearances in this matter, please.

PN2

MR G. ANDERSON: I appear on behalf of the Australian Liquor, Hospitality and Miscellaneous Workers Union.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Anderson.

PN4

MR D. MORPHETT: May it please the Commission, Confederation of ACT Industry.

PN5

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Morphett. Mr Anderson, are you going to tell me what this is about?

PN6

MR ANDERSON: Yes, your Honour. This is an application to vary the Parking Stations Employees (ACT) Award by implementing the decision of the Commission in the Safety Net Review Wages May 2002 decision, print PR002002. Your Honour, I have a draft order which I seek to hand up.

PN7

THE SENIOR DEPUTY PRESIDENT: Exhibit A1.

EXHIBIT #A1 DRAFT ORDER

PN8

MR ANDERSON: The draft order goes to deleting the existing clause 4 which is the classification - is the wages clause and inserting the new rates of pay which include the $18 as per the decision of the Safety Net Review. As per that decision, it is also expressed in hourly rates. The requisite sub-clause is included, your Honour, which recognises the decisions - position regarding absorption and all over Award payments may be absorbed. In addition to the increase in weekly rates is an increase in one of the work related allowances in the Award and that is the First Aid allowance which is at sub-clause 30B. We seek to increase that. The calculation is attached, your Honour, it is as per the Glass decision and it is there, it is an increase of 31 cents.

PN9

Commissioner, we seek that any order you may issue takes effect from 7 June, so prospectively 7 June and that at 7 June 12 months would have elapsed since the last wage increase in this Award. Commissioner, your Honour, we seek therefore that the order be made today, prospectively effective the first pay period commencing on or after 7 June. Thank you, your Honour.

PN10

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Morphett.

PN11

MR MORPHETT: Your Honour, if it please the Commission, the Confederation has had the opportunity to review the document as submitted and marked by you as A1 and have reviewed that in accordance with the Safety Net Review issued on 7 May this year. We can confirm that the rates of pay, as have been calculated by the ALHMU, reflect the increase as required under the decision and can also confirm that the Award was varied on 7 June last year and, as such, the Confederation is happy to consent to the variation as sought, if it please the Commission.

PN12

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Morphett. I can deal with this matter forthwith. This is an application to vary the Parking Stations Etc Employees (ACT) Award 1983 to incorporate in that Award wage increases available under the Safety Net Review decision of May 2002, print PR002002. Having heard Mr Anderson on behalf of the ALHMU and Mr Morphett from the ACT Chamber on behalf of employers respondent to the Award, I am of the view that the proposed order, exhibit A1, accurately incorporates the increases available under the Safety Net Review decision of 2001 and that the increase to the First Aid allowance is calculated in accordance with the principles applicable under that decision.

PN13

I also note that the order is expressed to operate from the first pay period to commence on or after 7 June 2002, that being 12 months since the increase in the Safety Net Review of 1991 was available in this Award. In those circumstances, I will vary the Award in accordance with exhibit A1. The order will operate from the first pay period to commence on or after 7 June 2002 and will have a nominal life of six months. A formal order, together with these reasons for the decision, will issue in due course.

ADJOURNED INDEFINITELY [12.12pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 DRAFT ORDER PN8