C0043/898, Transcript of Proceedings [2002] AIRCTrans 2119 (12 June 2002)

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TRANSCRIPT OF PROCEEDINGS


AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER DEEGAN

C No 438 of 1998
C2002/2694

ADMINISTRATIVE AND CLERICAL OFFICERS'
(CONDITIONS OF SERVICE) AWARD 1986

Review under Item 51 Schedule 5 Transitional
WROLA Act 1996 re CTS Case Description

Application under section 113 of the Act
by the Department of Employment and
Workplace Relations to vary the above award
re award will no longer have application

CANBERRA

12.22 PM, WEDNESDAY, 29 MAY 2002

PN1

THE COMMISSIONER: Yes, could I have the appearances please?

PN2

MR G. STANNARD: I appear on behalf of the Minister for Employment and Workplace Relations, and the Public Service Commissioner, with

PN3

MS S. RABJOHNS.

PN4

THE COMMISSIONER: Thanks, Mr Stannard.

PN5

MR S. RAMSEY: I appear with MS J. TRACEY for the CPSU.

PN6

THE COMMISSIONER: Thank you, Mr Ramsey. Yes, Mr Stannard.

PN7

MR STANNARD: Commissioner, this section 113 application lodged with the Commission on 24 May this year is made on behalf of the Minister for Employment and Workplace Relations. When this matter was last before the Commission on 19 September last year the Commonwealth noted its intention to seek to set aside this award following the remaining authority specific awards that continued to rely on the Administrative and Clerical Officers' Conditions of Service Award '86.

PN8

At that time there were three authority specific awards that continued to rely on the Conditions of Service Award. The Commonwealth is now able to report to the Commission that only one authority continues to rely upon this award, that is namely the Film Australia Proprietary Limited. In discussions with Film Australia Mr Phillip Sagers, Director, Corporate Management of Film Australia, advised me that the Film Australia Proprietary Limited Terms and Conditions of Employment Award 1989 F0149 AW781147 is set down for simplification hearings on 3 June this year.

PN9

Mr Sagers advised that it is expected that the award will be simplified on that date subject to final formatting and checking by the Commission's Award Simplification Unit. He also advised that the proposed simplified award, as noted in point 2 of the Commonwealth's application, displaces all previous awards including the Clerical Officers' Award, Conditions of Service.

PN10

As noted in the third point of the Commonwealth's application, our records indicate that following the simplification of the Film Australia Award, the Conditions of Service Award will no longer have any application. Accordingly, the Commonwealth submits that the Conditions of Service Award be set aside following the finalisation of the simplification of the Film Australia Award which is set down for hearing on 3 June as this award will no longer serve any useful purpose.

PN11

The two other authorities, just for the record, which are simplified awards have been made superseding the Conditions of Service Award, the Australian Film Commission Award 2002. That is AW813388. That was made on 29 January this year. And the Australian Tourist Commission Award 2001, AW810902 which was made on 25 September last year. If it pleases the Commission.

PN12

THE COMMISSIONER: Thank you, Mr Stannard. Mr Ramsey.

PN13

MR RAMSEY: May it please the Commission. Certainly I was only able to find that Film Australia were the only agency relying on this award. I have not yet been able to confirm what is at point 2 in the Government's application, but I have absolutely no reason to doubt it, and perhaps this order could be made to take effect on the day that that award is made, Commissioner.

PN14

THE COMMISSIONER: That is what I intend to do, Mr Ramsey.

PN15

MR RAMSEY: Thank you, Commissioner.

PN16

THE COMMISSIONER: Yes, an order will be made setting aside the Administrative and Clerical Officers' Conditions of Service Award 1986 upon my sighting an order making the Film Australia Award and so long as that award does have in its supersession clause a reference to this award.

PN17

MR RAMSEY: Thank you, Commissioner.

ADJOURNED INDEFINITELY [12.26pm]