C2002/2398, Transcript of Proceedings [2002] AIRCTrans 2110 (11 June 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

C2002/2398

BUILDING AND CONSTRUCTION INDUSTRY
(NORTHERN TERRITORY) AWARD 2002

Application under section 113 of the Act
by Construction, Forestry, Mining and Energy
Union to vary the above award re safety net
review - May 2002

SYDNEY

11.43 AM, TUESDAY, 28 MAY 2002

Adjourned sine die

THIS HEARING WAS CONDUCTED BY VIDEO CONFERENCE IN SYDNEY

PN1

THE SENIOR DEPUTY PRESIDENT: Could I have the appearances in this matter starting with the union.

PN2

MR S. MAXWELL: If the Commission pleases, I appear on behalf of the Construction, Forestry, Mining and Energy Union.

PN3

MR D. ALDERSON: Your Honour, I am from the Northern Territory Chamber of Commerce and Industry Incorporated on behalf of our members covered by this award and with me is my colleague, MS B. ROBERTS.

PN4

THE SENIOR DEPUTY PRESIDENT: I can indicate I've received correspondence from the ALHMWU indicating they'll be unable to be present but that they have examined the draft order that was forwarded by the CFMEU and believe that the application meets the requirements of the Commission. That organisation also confirms that it gives the commitment as required by principle 8(d) of the statement of principles. Mr Maxwell?

PN5

MR MAXWELL: Thank you, your Honour. Your Honour, this is an application to vary the Building and Construction Industry (Northern Territory) Award 2002 to increase the wage rates and wage related allowances in accordance with the principles of the safety net review wages May 2002 decision found in print PR002002. Your Honour, I seek to hand up a draft order.

PN6

THE SENIOR DEPUTY PRESIDENT: I'll mark that as CFMEU 1.

EXHIBIT #CFMEU 1 DRAFT ORDER

PN7

MR MAXWELL: Your Honour, the draft order has been circulated to the parties prior to today's hearing. I was notified by Ms Roberts from the Northern Territory Chamber of Commerce and Industry about a correction and I have amended it accordingly. That correction is found in item number one in regard to the on-site construction rate per week for a painter and the correct rate is now 577.30 as identified by Ms Roberts.

PN8

Your Honour, in regards to the requirements of the principles, I suppose I should first of all point out that this award was actually made in January of this year and subject to an item 51 review so in regards to the variation for the May 2001 safety net wage increase, that was in fact the, I think it was the 1996 award that was varied. That was varied by Commissioner Harrison with an effective date of 20 May 2001 and that is found in print PR905210.

PN9

In regard to the requirements of the principles, in particular principle 8, as I've indicated, there's at least 12 months that has elapsed since the award was varied for the May 2001 safety net increase. In regard to principle 8(d) in regard to the requirement of the union to give a commitment to absorption, I'm authorised on behalf of the union to give such a commitment.

PN10

In regard to principle 8(e) about the insertion of an appropriate clause in regard to absorption in the award, that is found under variation one on page 4 of the revised draft order. You'll see there that we're seeking to insert a new 5.1(1)(a) which deals with the required clause. Your Honour, we submit that the principles have been met and we therefore seek that the award be varied in accordance with exhibit CFMEU 1 with an operative date being the first pay period to commence on or after todays date. If the Commission pleases.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Mr Alderson?

PN12

MR ALDERSON: Your Honour, we consent to the amended draft order on the understanding that the original typo that we pointed out has been amended and everything else is the same as the draft order we received a week and a half ago. Thank you.

PN13

THE SENIOR DEPUTY PRESIDENT: Thank you for that. In the circumstances, I'm satisfied that everything that needs to be done has been done and the commitments have been given by the two unions concerned. An order in the terms of CFMEU 1 will be issued. It will operate from the first pay period to commence on or after today and will remain in force for a period of six months. A copy of that order will, of course, we forwarded to the parties as soon as possible and all I would ask is that Mr Maxwell provide my associate with an electronic copy of CFMEU 1 so that the issuing of the order can be facilitated.

PN14

The matter is adjourned on that basis and the Commission itself is adjourned.

ADJOURNED INDEFINITELY [11.48am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #CFMEU 1 DRAFT ORDER PN7