C2002/2138, Transcript of Proceedings [2002] AIRCTrans 2301 (24 June 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT04389

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2002/2138

TAFE VICTORIA (MISCELLANEOUS WORKERS)
AWARD 1999

Application under section 113 of the Act
by the Australian Liquor, Hospitality and
Miscellaneous Workers Union to vary the above
award re Safety Net Review - May 2000

MELBOURNE

2.47 PM, FRIDAY, 7 JUNE 2002

PN1

MS V. ILIAS: I appear on behalf of the LHMWU.

PN2

MR J. ANDREWS: I appear for the Victorian TAFE Association on behalf of the employers who are respondent to the award.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Andrews. Yes, Ms Ilias. I should point out that I have on the file a statement as to service by Mr Daley dated 6 June 2002 which provides evidence of service of notice of the hearing on the Association of TAFE Institutes which is presumably you, Mr Andrews?

PN4

MR ANDREWS: Yes, it is.

PN5

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes, Ms Ilias.

PN6

MS ILIAS: This is an application pursuant to 113 of the Act to vary the TAFE Victoria (Miscellaneous Workers) Award 1999 pursuant to the Full Bench National Wage Case decision of PR002002. I would like to now hand up a copy of the draft order, your Honour.

EXHIBIT #LHMWU1 COPY OF THE DRAFT ORDER

PN7

MS ILIAS: The rates of pay have been adjusted by the $18 on the base rate in accordance with the Full Bench decision. Allowances have been adjusted in line with principle 5 of the safety net review decision. The method of adjustment is consistent with the Furnishing and Glass Industries Allowance decision, print number M9675. We seek to vary the reimbursement allowances. These were last adjusted back in 1999 and we have used the appropriate CPI indices to do that. There is an attachment to the draft showing our calculations, your Honour.

PN8

The union gives a commitment to absorption as required in principle 8 of the decision. We are seeking an operative date of 21 June 2002. This is 12 months since the 2001 safety net review variation was made and we ask the Commission to grant the application.

PN9

THE SENIOR DEPUTY PRESIDENT: I have a date of 22 June from print PR906671, then adjustment by SDP Acton. Does that - - -

PN10

MS ILIAS: Yes. Mr Andrews has just informed me that is the case, your Honour.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, very well.

PN12

MS ILIAS: We are happy for the change.

PN13

THE SENIOR DEPUTY PRESIDENT: So if I amend the draft order to make 21 read 22, yes, thank you. Mr Andrews.

PN14

MR ANDREWS: Yes, your Honour, subject to that slight change, I have checked and agree with all of the rates in the draft order provided and I have checked them in terms of the safety net requirements. If the Commission pleases.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Andrews. Yes, this is an application by the ALHMWU to vary the TAFE Victoria (Miscellaneous Workers) Award 1999 to give effect to the safety net review May 2002 decision and principles in relation to wage rates and allowances. The variation is sought in the terms of exhibit LHMWU1 as tendered subject to the alteration of the date of effect to the first pay period on or after 22 June which is some 12 months later than the last adjustment by her Honour, Senior Deputy President Acton, in print PR906671.

PN16

Mr Andrews, on behalf of the TAFE institutions, has had an opportunity to check the rates and allowances and confirms their accuracy and in those circumstances the award will be varied in the terms of LHMWU1 subject to the amended date such that the award shall come into force beginning the first pay period on or after 22 June and continue in force for a period of 12 months. I will adjourn that matter.

ADJOURNED INDEFINITELY [2.50pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #LHMWU1 COPY OF THE DRAFT ORDER PN7