C0040/899, Transcript of Proceedings [2002] AIRCTrans 2128 (12 June 2002)

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TRANSCRIPT OF PROCEEDINGS


AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER DEEGAN

C No 408 of 1999
C No 364 of 1999

AUSTRALIAN GOVERNMENT EMPLOYMENT -
AWU SALARIED STAFF AWARD 1992

AUSTRALIAN SPORTS COMMISSION (PROFESSIONAL
COACHING STAFF) AWARD 1995

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

CANBERRA

12.37 PM, WEDNESDAY, 29 MAY 2002

PN1

THE COMMISSIONER: Could I have the appearances.

PN2

MR G. STANNARD: I appear on behalf of the Executive Director, Australian Sports Commission. Also appearing with me today is MS S. RABJOHNS.

PN3

THE COMMISSIONER: Thank you.

PN4

MR STANNARD: Sorry, Commissioner, and MS M. POLLARD.

PN5

THE COMMISSIONER: Thank you, Mr Stannard.

PN6

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

PN7

THE COMMISSIONER: Thank you, Mr Ramsey. Mr Stannard. I understand we are not ready to whip through this one?

PN8

MR STANNARD: That is correct.

PN9

THE COMMISSIONER: So, where are we up to?

PN10

MR STANNARD: I have a draft award and explanatory table that I make available to you, Commissioner. Copies have been provided to the CPSU but only earlier today, just very recently.

PN11

THE COMMISSIONER: I will mark that draft award DEWR1.

EXHIBIT #DEWR1 DRAFT AWARD

PN12

THE COMMISSIONER: And I will mark the explanatory table DEWR2.

EXHIBIT #DEWR2 EXPLANATORY TABLE

PN13

MR STANNARD: Commissioner, this matter was last before you on 26 November last year. At those proceedings we indicated that we were hopeful of preparing a final draft award by the end of the year. However, due to the uncertainty of finalising a number of matters including the general conditions of service Professional Officers Association, Australian Government Employment Award 1990 and the Public Sector Union, Australian Government Statutory Authorities Award 1990 which has created concerns - sorry, there were concerns with the CPSU that you raised associated with the finalisation of those awards regarding redundancy issues. The finalisation of the Australian Sports Commission Award has been somewhat delayed.

PN14

Fortunately, with the finalisation of the general conditions of service and the Public Sector Union Awards early today there is no longer an impediment in that regard to progressing with expediting the finalisation of this award in the next few months. Just briefly, this award represents a consolidation of five other awards therefore - you know, there are seven awards in total that goes for the making of this award. I do not intend to take you through all those awards.

PN15

THE COMMISSIONER: But they would be the ones set out, would they, at clause 5.

PN16

MR STANNARD: That is correct, Commissioner. There are also, Commissioner, a number of issues that need to be resolved. Both the department with the Australian Sports Commission and with the relevant unions, that is the CPSU and the MEAA. These issues, the key issues, include a matter of broader consistency regarding terms and conditions for ASC staff, for example, in relation to gardeners, whether or not they should have access to flex time and which they currently do not enjoy. Another example is the deeming of annual leave to coaches. That is the only group of AC employees that are currently exempt.

PN17

There is also the question of adjustment of various allowances, expense allowances, the equipment allowances and other allowances which are pay related and we envisage that they, when the final award is made, will be adjusted for the 2002, this year's safety net adjustment. I mean, to date the ASC has been supportive of that occurring in relation to the Safety Net Adjustments but obviously that will be again subject to the unions making relevant applications and obviously the ASC will need to consent.

PN18

THE COMMISSIONER: Can I assume with the rates of pay these are just the same adjustments been done for these rates as was done for the APS rates. I am not talking about safety net adjustments, I am just talking about how you got these rates of pay that are in the award. They were ordinary APS rates, were they?

PN19

MS RABJOHNS: They are based on the call-ups that are in the particular awards.

PN20

THE COMMISSIONER: Right. So that when you did the paid rates conversion etcetera you did it in the same way as you did it for the APS.

PN21

MS RABJOHNS: That is right, yes.

PN22

THE COMMISSIONER: So what about the coaches?

PN23

MS RABJOHNS: It was only a Minimum Rates Award.

PN24

THE COMMISSIONER: Was it?

PN25

MS RABJOHNS: Yes.

PN26

THE COMMISSIONER: Do you know where it came from?

PN27

MS RABJOHNS: No, not off the - - -

PN28

THE COMMISSIONER: Commissioner Larkin is sitting around waiting for us to simplify the Professional Coaching Award or whatever it is called, on the basis that she has got a coaches award which relies on these rates and she wants to know where we got them from. So, somebody is going to have to be able to tell me. I am just alerting you to it at this stage.

PN29

MR STANNARD: Yes.

PN30

THE COMMISSIONER: We have a particular interest in those rates and so has Commissioner Larkin got a particular interest.

PN31

MR STANNARD: Right, we will note that.

PN32

MS RABJOHNS: We can look into that matter.

PN33

MR RAMSEY: I can report too, Commissioner, that before Mr Hampstead left employment he sent me a large amount of material to do with the Australian Sports Commission and tracking of salaries and awards and I will have a look at that material.

PN34

THE COMMISSIONER: Good. Well, I think the best thing for us to do since you have only seen this document today, Mr Ramsey - - -

PN35

MR RAMSEY: Yes, Commissioner.

PN36

THE COMMISSIONER: And I understood that it was not ready to go ahead unless we have got something to be going on with. Can I adjourn this for about a month. Do you think that would be useful? Could you achieve something in a month, do you think?

PN37

MR RAMSEY: I think now that we have a working draft, Commissioner, absolutely. Certainly, Mr White for the MEAA is not here but I spoke to him last - - -

PN38

THE COMMISSIONER: I understand someone from the MEAA rang about this matter this morning from Sydney, is that right. Mr Ryan from the MEAA in Sydney rang to see what was going on.

PN39

MR RAMSEY: Well, I will certainly make sure Mr Ryan has got a copy of this and I will forward him the material that Mr Hampstead left me.

PN40

THE COMMISSIONER: Fine.

PN41

MR RAMSEY: I should just flag, Commissioner, that the redundancy issue raises its head here.

PN42

THE COMMISSIONER: As well?

PN43

MR RAMSEY: As well, and we may need to do - it is going to require, if there is no consent, an application by me and consideration as to how that is best dealt with.

PN44

THE COMMISSIONER: Thank you.

PN45

MR RAMSEY: Thank you, Commissioner.

PN46

THE COMMISSIONER: Thank you, Mr Ramsey.

PN47

MR STANNARD: Commissioner, the Sports Commission would support re-listing in a month's time.

PN48

THE COMMISSIONER: Fine, thank you. Is 24 June, that I listed the other matter for, too early for anybody?

PN49

MR RAMSEY: No, that would be good, Commissioner.

PN50

MR STANNARD: Yes, Commissioner, thank you.

PN51

THE COMMISSIONER: All right, it will be listed for 10.30 on 24 June.

ADJOURNED UNTIL MONDAY, 24 JUNE 2002 [12.45pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #DEWR1 DRAFT AWARD PN12
EXHIBIT #DEWR2 EXPLANATORY TABLE PN13