C0082/698, Transcript of Proceedings [2002] AIRCTrans 2121 (12 June 2002)

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TRANSCRIPT OF PROCEEDINGS


AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER DEEGAN

C No 826 of 1998
C2001/5433

PUBLIC SECTOR UNION (AUSTRALIAN CAPITAL
TERRITORY HEALTH AWARD) 1992

Review under Item 51 Part 2 Schedule 5
WROLA Act 1996 re CTS Case Description

Application under section 113(1) of the Act
by the Australian Capital Territory to set
aside award re all classifications
covered by another award

CANBERRA

2.39 PM, WEDNESDAY, 29 MAY 2002

PN1

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

PN2

MR T. O'SHEA: I appear on behalf of the Australian Capital Territory.

PN3

THE COMMISSIONER: Thank you, Mr O'Shea.

PN4

MR S. RAMSEY: I appear for the CPSU.

PN5

THE COMMISSIONER: Thank you, Mr Ramsey. Mr O'Shea.

PN6

MR O'SHEA: Commissioner, you will recall that this matter was last before you on 15 November last year and the Territory sought an adjournment of the matter to ensure that certain provisions which were non-allowable awards provisions within the existing award were appropriately preserved within some other instrument.

PN7

In that case in particular, Commissioner, we sought to, or it was the intention of the employer, to make a Public Sector Management Standard which would preserve certain salary advancement provisions for dental assistants. That standard has now been made and the Territory submits that it would be appropriate and safe to set aside the existing award and to insert the appropriate minimum rates for these classifications into the CPSU's main ACT Public Sector Award. And that, Commissioner - that last part, Commissioner, is the subject of the application that was lodged late today.

PN8

Commissioner, just to make it clear what has been done to preserve the entitlement, I would like to provide a copy of the - - -

PN9

THE COMMISSIONER: Yes, go ahead, Mr O'Shea.

PN10

MR O'SHEA: - - - amending instrument which has the effect of preserving the salary advancement provisions for dental assistants or those that are covered by certified agreements which have incremental scales within them, Commissioner. That having been done, there is now no impediment to setting aside the Public Sector Union ACT Health Authority Award, and we would also urge you to amend at the same time the CPSU's main ACT Public Sector Award to include dental assistants with appropriate minimum rates. If the Commission pleases.

PN11

THE COMMISSIONER: Thank you, Mr O'Shea. Mr Ramsey.

PN12

MR RAMSEY: Commissioner, Mr O'Shea is correct. This certainly was the only matter that was holding up the application on the last occasion that the matter was before you. The instrument that Mr O'Shea has handed you puts dental assistants in the same position as all other Territory employees who have such salary incremental and accelerated advancement points within their salary structure. So, the CPSU has no difficulty on the basis that the salary rates go into our general award, this award being set aside.

PN13

THE COMMISSIONER: Right. The only respondents to the award that these other salary rates - the salary rates are to go into the CPSU and the ACT Government?

PN14

MR RAMSEY: Yes, Commissioner.

PN15

THE COMMISSIONER: You do not have any problem with Mr O'Shea's late application to - - -

PN16

MR RAMSEY: On the basis that it is the same as the - Mr O'Shea and I discussed this matter on the last occasion before you, and I am assuming that what he has put in is - - -

PN17

THE COMMISSIONER: You have not seen it yet?

PN18

MR RAMSEY: Not if there was something lodged this afternoon, Commissioner, no.

PN19

MR O'SHEA: Commissioner, I have emailed a copy across to Mr Ramsey and if he requires a few days to discuss that - that amending order with me then that is fine.

PN20

THE COMMISSIONER: Yes. Well, do you want me to put it over to 24 June?

PN21

MR RAMSEY: Commissioner, could it perhaps be made next week, unless you hear from me to the contrary?

PN22

THE COMMISSIONER: All right. Well, I actually do not have the application. I thought I had a copy of it.

PN23

MR RAMSEY: All right. Well, the 24th will be fine, Commissioner.

PN24

THE COMMISSIONER: I have not - I mean, I know it is in the Registry. I thought I had a copy with me, but I do not have it.

PN25

MR RAMSEY: I would be happy to save Mr O'Shea a trip down here too and a few for both of us.

PN26

THE COMMISSIONER: Well, he has got to come on the 24th anyway, do you not, or do you? Do you have to - you do have to come on the 24th, do you not?

PN27

MR O'SHEA: I do have to come on the 24th, yes.

PN28

MR RAMSEY: He does.

PN29

THE COMMISSIONER: At what time, Mr O'Shea? 11 o'clock?

PN30

MR O'SHEA: Well, presently at 11 o'clock.

PN31

THE COMMISSIONER: Well, why do we not make this one at 11 o'clock too?

PN32

MR RAMSEY: 11 o'clock as well. Thank you, Commissioner.

PN33

THE COMMISSIONER: All right. The matter will be adjourned to 11 o'clock on 24 June, and the other matter will be listed for the same time, obviously.

ADJOURNED UNTIL MONDAY, 24 JUNE 2002 [2.44pm]