C2002/606, Transcript of Proceedings [2002] AIRCTrans 2201 (14 June 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER McCUTCHEON

C2002/606

GLASS INDUSTRY - GLASS MERCHANTS AND GLAZING
CONTRACTORS - SOUTH AUSTRALIA AWARD 1998

Application under section 113 of the Act
by the Construction, Forestry, Mining and
Energy Union and Another to vary the above
award re wage rates, Safety Net Review 2002

ADELAIDE

2.20 PM, MONDAY, 3 JUNE 2002

PN1

THE COMMISSIONER: Could I take the appearances, please?

PN2

MR M. NICHOLLS: I am appearing for the CFMEU, Forest and Furniture - I had better get all these down - Building Products and Manufacturing Division.

PN3

THE COMMISSIONER: Thank you, Mr Nicholls.

PN4

MR M. SHEEHAN: If it pleases the Commission, I appear on behalf of the South Australian Employees Chamber and Industry trading as Business SA. Thank you, sir.

PN5

THE COMMISSIONER: Thanks, Mr Sheehan. Yes, Mr Nicholls, your application, I think?

PN6

MR NICHOLLS: Yes, sir, bear with me, this is the first time I've done this and I'm flying blind, so to speak but, yes, we appear here to vary the award, the Glass Workers and Glazing South Australia Award 1999. It is an amended draft order, sir.

PN7

THE COMMISSIONER: This is in place of the one attached to the application?

PN8

MR SHEEHAN: That is correct, sir.

PN9

MR NICHOLLS: Yes, sir.

PN10

THE COMMISSIONER: Yes, go on, Mr Nicholls?

PN11

MR SHEEHAN: Sir, I'm quite happy to make the submissions on behalf of the applicant union if - it is by consent before you. The matter has been discussed as far as the draft order goes. There's probably one or two minor matters we would like to point out to you in relation to the amended draft order. I'm quite happy to make the submissions on behalf of my friend.

PN12

THE COMMISSIONER: All right.

PN13

MR SHEEHAN: It is a bit unusual but I've done it before.

PN14

THE COMMISSIONER: That is okay. Mr Nicholls, does the union give the requisite undertaking in respect of absorption of wage rates?

PN15

MR NICHOLLS: Yes, sir.

PN16

THE COMMISSIONER: All right, thanks. Yes, Mr Sheehan?

PN17

MR SHEEHAN: Sir, as my friend has alluded, this is an application to vary the Glass Industry, Glass Workers, Glazing South Australia Award of 1999. The amended draft order, sir, with you today, that has been tabled to you, contains some corrections. If I might point them out to you, sir. On the very first page, item A1, the date in the original order had 15 May 2002, that has been amended to 6 July 2002. If I can take you to page 2, sir, of the draft order, the amount at 27.2.2 of 48 cents should now reflect 52 cents. If I can take you to page 3, sir, of the draft order, the amount at 27.10: Silicon Allowance, should now reflect 38 instead of 40. There's only two final changes I would like to point out to you, sir. In the original draft order at 27.30, in first aid allowance, there's an amount of 9.15 and it comes out today at 9.18. My friend and I need to just discuss that just to clarify whether it is 9.15 or 9.18.

PN18

THE COMMISSIONER: Right.

PN19

MR NICHOLLS: I'm not entirely sure whether it should have moved but we can certainly discuss that and settle it at the minutes. There shouldn't be a further problem with that.

PN20

THE COMMISSIONER: Right.

PN21

MR NICHOLLS: The only other change we would alert you to, sir, is the fourth page, item B, the operative date should now reflect 6 July 2002.

PN22

THE COMMISSIONER: And continue in force for a period of 6 months.

PN23

MR NICHOLLS: Whatever the Commission feels, it is usually 3 months. We are quite happy with 3 months as well.

PN24

THE COMMISSIONER: Yes, and this is by - - -

PN25

MR NICHOLLS: Sir, the application, as I understand it, is in compliance with the current principles. The union has given the required absorption commitment. As I've indicated to you, sir, any minor corrections that we might be faced with we could certainly settle at the minutes. I have got nothing further to add, sir, thank you.

PN26

THE COMMISSIONER: All right. Having heard from the parties the Commission is satisfied that it is appropriate to vary this award in accordance with the safety net review wages May 2002 decision. The union has given the appropriate undertaking. The award will be varied to operate from the first full pay period to commence on or after 6 July 2002. An order will be drawn and sealed and provided to the parties. Thank you.

ADJOURNED INDEFINITELY [2.25pm]