C2002/2153, Transcript of Proceedings [2002] AIRCTrans 2302 (24 June 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT04388

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2002/2153

TIP TOP - MERCHANDISERS AWARD 2000

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 2002

MELBOURNE

2.28 PM, FRIDAY, 7 JUNE 2002

PN1

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

PN2

MS J. WATLING: I appear on behalf of George Western Foods for the Australian Industry Group.

PN3

THE SENIOR DEPUTY PRESIDENT: In this matter, Ms Ilias, I don't appear to have a statement of service.

PN4

MS ILIAS: No, your Honour. I have got a copy for you here though.

PN5

THE SENIOR DEPUTY PRESIDENT: Thank you very much.

EXHIBIT #LHMWU1 DOCUMENTATION RELATING TO SERVICE

PN6

THE SENIOR DEPUTY PRESIDENT: That is a statement of Mr Daly. I appears there is only one employer respondent, and they have been served and indeed are represented here today.

PN7

MS ILIAS: Thank you, your Honour. This is an application pursuant to 113 of the Act to vary the Tip Top Merchandisers Award 2000, pursuant to the Full Bench National Wage case decision PR002002. I would like to hand you up a copy of the draft order, your Honour.

PN8

THE SENIOR DEPUTY PRESIDENT: Thank you.

EXHIBIT #LHMWU2 DRAFT ORDER

PN9

MS ILIAS: The rates of pay have been adjusted by $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 allowances, decision Print number M9675. We seek to vary the reimbursement allowances -these were last adjusted back in 2001 - and we have used the appropriate CPI indices to do that.

PN10

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

PN11

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

PN12

MS WATLING: We have checked the draft orders, your Honour, served upon us by the union. We have checked the rates and allowances contained in this draft order, and we believe that they have been adjusted in accordance with the statement of principles which accompany the May 2002 safety net review decision. We would like to bring to your Honour's attention, contained in the draft order we have just received from the union, item B which states that the operative date should be commenced on or after June 8, 2002.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes.

PN14

MS WATLING: This differs from the draft order that was served upon us by the - - -

PN15

THE SENIOR DEPUTY PRESIDENT: I think that an error. It was 7 June in the earlier order?

PN16

MS WATLING: 7 June 2002, your Honour.

PN17

THE SENIOR DEPUTY PRESIDENT: And you would confirm, Ms Ilias, as I understand it that 8 June was the appropriate date. Well, if I might assist the parties, the Commission records suggest in Print PR905709 Boulton J gave effect to the last increase with effect from the first pay period on or after 8 June 2001.

PN18

MS WATLING: 8 June 2001. Unless the Commission has any particular concerns or queries in relation to the draft order, the Australian Industry Group does not oppose the variation sought by the union. If the Commission pleases.

PN19

THE SENIOR DEPUTY PRESIDENT: Ms Watling, thank you for that. This is an application by the Australian Liquor, Hospitality and Miscellaneous Workers Union to vary the Tip Top Merchandisers Award 2000 to give effect to increases in classification rates and allowances consistent with the safety net review May 2002 decision, Print PR002002. I am satisfied that the sole respondent has been properly served with notice of today's hearing and is indeed represented.

PN20

The draft order in LHMUW2 contains the required absorption provision and contains an operative date of 8 June 2002 which is consistent with a 12 month delay, having regard to the last adjustment by Boulton J in Print PR905709. The union has given the relevant undertakings. The rates have been checked on behalf of the respondent by AIG, and the respondent through AIG has no opposition to the variation of the award in the manner sought in exhibit LHMWU2. I will vary the award in those terms. The order will come into force from the pay period to commence on or after June 8, 2002, and shall continue in force for 12 months. I will adjourn that matter.

ADJOURNED INDEFINITELY [2.35pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #LHMWU1 DOCUMENTATION RELATING TO SERVICE PN6
EXHIBIT #LHMWU2 DRAFT ORDER PN9