C2002/2409, Transcript of Proceedings [2002] AIRCTrans 2303 (24 June 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT04370

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2002/2409

RECORDS MANAGEMENT SERVICES
AWARD 1993

Application under section 113 of the Act
by the Australian Municipal, Administrative,
Clerical and Services Union to vary re safety
net review - wages May 2002

MELBOURNE

9.59 AM, FRIDAY, 7 JUNE 2002

PN1

MR J. NUCIFORA: I appear for the Australian Services Union in both 2409 and 2410.

PN2

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Nucifora. I have received correspondence from Amy Hancock, Industrial Research Officer, Employment Service Department of Brambles, dated 6 June 2002 indicating that a company representative is unable to attend today's hearing. Obviously that would suggest they received notice of the hearing. Brambles consents to the application to vary the award by increasing minimum wages and allowances. Mr Nucifora.

PN3

MR NUCIFORA: Yes, your Honour. Firstly, in relation to 2409, Records Management Services Award, if I may by way of service tender a copy of a notification to the various employer respondents.

PN4

THE SENIOR DEPUTY PRESIDENT: Thank you. The correspondence concerning a notice of hearing will be marked exhibit ASU1.

EXHIBIT #ASU1 NOTICE OF HEARING

PN5

MR NUCIFORA: Your Honour, as you have indicated, ASU1 has a covering letter which explains the variations to the meal allowances and the first aid allowances. There was an error in the original letter that was sent out that read: For first aid - in item 2 there - 2.9 per cent, it should be 3.9 per cent, relying on the grade 1 as the key classification rate, and the application is attached - the notice of hearing is attached to this - to ASU1, and we also include a copy of the draft order. The draft order goes to reflecting the $18 wage increases to subclause 5(a) and consistent with principle 8E the draft order includes the appropriate absorption provision for the 2002 safety net adjustment, and the ASU makes the necessary commitment pursuant to principle 8D in relation to the application of that absorption provision.

PN6

There is a reference then to - of course it would be the operative date, being 29 June which is 12 months from the previous variation, and I refer there to PR905874, and I also include at the back of ASU1 copy of documentation that indicates that this ASU1 was faxed and sent out by registered mail to the various respondents. Normally it would - Brambles representatives respond. We don't normally hear from the other employers. Earlier we had indicated some variation to or amendment to some of the applications before you today in relation to the supportive wage system.

PN7

We haven't included that in this draft order. There isn't a supported wage provision in this award. It is currently being simplified and there will be a supported wage provision and it will include - there is agreement between the parties that it will include the latest rate.

PN8

THE SENIOR DEPUTY PRESIDENT: But it is not relevant to the variation today.

PN9

MR NUCIFORA: Yes.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes, very well.

PN11

MR NUCIFORA: So we seek that that be approved. Do you want me to go straight to the other matter, your Honour?

PN12

THE SENIOR DEPUTY PRESIDENT: No, perhaps I will deal with this matter first. This is an application by the ASU to vary the Records Management Services Award 1993. The ASU has provided evidence of service of notice of the hearing on each of the employers respondent to the award which included a copy of the draft order sought, and the application to vary. I am satisfied that each of the respondents has been properly notified of the application to vary and the hearing in relation to it today. Indeed, one of them, Brambles, has corresponded with the Commission indicating its consent to the variation.

PN13

I will vary the award in the manner sought giving effect to the May 2002 safety net decision. The order shall come into force from the first pay period commencing on or after 29 June 2002 which is consistent with the requirement for a 12-month period between safety net adjustments having regard to the last variation in print PR905874.

ADJOURNED INDEFINITELY [10.04am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ASU1 NOTICE OF HEARING PN5