C2002/2317, Transcript of Proceedings [2002] AIRCTrans 2276 (21 June 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT04360

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SMITH

C2002/2317

CANTEEN ASSISTANTS ETC (AAFCANS)
AWARD 1988

Application under section 113 of the act
by Shop, distributive and Allied Employees
Association to vary the above award re
safety net review - wages, May 2002

MELBOURNE

11.24 AM, THURSDAY, 6 JUNE 2002

PN1

MR J. MERLINO: I appear on behalf of the Shop, Distributive and Allied Employees Association.

PN2

MR R. BAXTER: I appear on behalf of Frontline Defence Services.

PN3

THE COMMISSIONER: Thanks, Mr Baxter. Yes, Mr Merlino.

PN4

MR MERLINO: Thank you, Commissioner. Firstly, apologies for the lateness of this hearing. I was before Senior Deputy President Ives with about a dozen applications and it went a bit longer than anticipated, so - - -

PN5

THE COMMISSIONER: You got here in the nick of time, thank you. I was about to start without you.

PN6

MR MERLINO: Your Honour, this is an application to vary the award in accordance with the safety net review decision May 2002, PR00 2002. Your Honour, a copy of the application, notice of listing and draft order was sent to Frontline Defence Services on 30 May and also a copy of the draft order was e-mailed to your chambers.

PN7

THE COMMISSIONER: Yes.

PN8

MR MERLINO: Your Honour, in all the confusion I was with a colleague upstairs. She has actually got my file but I can endeavour to send that copy of the service to your chambers as soon as I get back to the office.

PN9

THE COMMISSIONER: That is all right. Mr Baxter is here. I accept that as evidence that he received it.

PN10

MR MERLINO: Your Honour, there was only one variation to the draft order in discussions with Mr Baxter. The original draft order had the draft order to apply from 22 September. It should be 31 July, being 12 months since the previous variation. My understanding is the draft order that you have before you, Commissioner, has 31 July?

PN11

THE COMMISSIONER: Yes.

PN12

MR MERLINO: Yes, great. That was the only variation, your Honour. I am not aware of any other issues arising out of this draft order. The draft is in accordance with the decision. The commitment regarding absorption has been included and, if there are no further questions, we seek that this draft order be approved as at 31 July 2002. If it please the Commission.

PN13

THE COMMISSIONER: Thanks, Mr Merlino. Mr Baxter.

PN14

MR BAXTER: Your Honour, we have received the notices in sufficient time in order to be able to verify that the wages - 2002 wages decision has been correctly applied to this award in this application. Also that the allowances have been calculated in accordance with the Commission's principles and the Glassfitters case and, save for the one amendment advanced by Mr Merlino, yes, the last decision gave effect from the first pay period commencing on or after 31 July. So, therefore, the amended date, 31 July 2002, should appear in part B of the draft order. If the Commission pleases.

PN15

THE COMMISSIONER: Thanks, Mr Baxter. This is an application to vary the Canteen Assistants, etcetera (AAFCANS) Award 1988 to increase wages and allowances to reflect the safety net review/wages May 2002 decision of the Full Bench of the Commission. The draft order provided to me has been consented to by the respondent to the award and, accordingly, I shall vary the award. The award will be varied in terms of the draft order and it shall come into force from the first pay period to begin on or after 31 July 2002 and shall remain in force for a period of six months. Thank you. The matter is adjourned sine die.

ADJOURNED INDEFINITELY [11.28am]