C2002/2518, Transcript of Proceedings [2002] AIRCTrans 2307 (24 June 2002)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N VT04367

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2002/2518

TOTALIZATOR AGENCY BOARD OF
VICTORIA OFF COURSE TOTALIZATOR
EMPLOYEES AWARD 1993

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

MELBOURNE

9.33 AM, FRIDAY, 7 JUNE 2002

PN1

MR J. NUCIFORA: I appear for the Australian Services Union.

PN2

MR T. HALLS: I appear for the Australian Industry Group on behalf Tabcorp Holdings Limited in respect of matters C2002/2518, and C2002/2530.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, three zero - so we need to call on the second matter, C2002/2530.

PN4

MR HALLS: Your Honour, if that is suitable for the Commission, we are quite happy for that to occur. However, if you would like to hear the matters in accordance with the notice of listing, we are happy to do that. I understand that the 2530 is listed for 9.40.

PN5

THE SENIOR DEPUTY PRESIDENT: For 9.40. Yes, very well, perhaps we will proceed with 2518, and perhaps we can then go to 2530 since you are here and then dispense with that.

PN6

MR HALLS: Thank you.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Nucifora.

PN8

MR NUCIFORA: Your Honour, I also make appearance for the ASU in relation to 2530 that is before you.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, all right, well, I will call that on, but I will deal with 2518 first and then we will deal with the other one.

PN10

MR NUCIFORA: If it please your Honour.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes.

PN12

MR NUCIFORA: Your Honour, this is an application to vary the TAB Victoria Off Course Totalizator Employees Award 1993 for the 2002 safety net adjustment pursuant to PR002002. If I may, by way of service, tender a copy of an exhibit, correspondence that went to Tabcorp Holdings.

EXHIBIT #ASU1 NOTICE OF SERVICE

PN13

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN14

MR NUCIFORA: Yes, your Honour. Your Honour, ASU1 is a copy of correspondence signed by the Victorian Branch - Branch President of the Victorian AMEU Private Sector - branch of the ASU. It includes the listing for today's hearing, the application that was originally lodged, and it also includes a draft order of which we would rely on today for the purposes of the variation. It also includes - - -

PN15

THE SENIOR DEPUTY PRESIDENT: Facsimile advice.

PN16

MR NUCIFORA: Various allowances and a transmission report on the last page.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes.

PN18

MR NUCIFORA: Which goes to proving that the service was made. Of course, Mr Halls is here today, representing the employer.

PN19

THE SENIOR DEPUTY PRESIDENT: Yes.

PN20

MR NUCIFORA: At this juncture, your Honour, there are a number of matters - ASU awards before you today, and I thought I just tender as an exhibit, but I will be referring to it in other matters, a copy of a letter to yourself, your Honour, in relation to an amendment to various applications before you today.

PN21

THE SENIOR DEPUTY PRESIDENT: Including this one.

PN22

MR NUCIFORA: Your Honour, at this stage I am not sure if it is applicable, but if it is, I will come back to whether we need to vary the draft order.

PN23

THE SENIOR DEPUTY PRESIDENT: Yes, very well.

EXHIBIT #ASU2 LETTER TO THE COMMISSION FROM UNION

PN24

THE SENIOR DEPUTY PRESIDENT: That was a letter to myself advising that in light of the variation to the - sorry - to the supportive wage, $56 per week, the Union was seeking to amend applications to include that variation.

PN25

MR NUCIFORA: Thank you, your Honour.

PN26

THE SENIOR DEPUTY PRESIDENT: Yes.

PN27

MR NUCIFORA: Your Honour, that goes to the safety net - sorry, the supportive wage systems increase from $52 to $56, and as I indicated, your Honour, in this particular award, I'm not sure if there is a supportive wage provision, I am assuming that there is. If there is, I will come back to any amendment to the draft order that is in ASU1. I just wish to add, your Honour, that in ASU1, the variation is in terms of the $18 wage increases consistent with principle 8. And in particular, it is consistent with principle 8B, the operative date therein is 14 June 2002. Prospective date. That does give us some time to ensure that we can finalise the final draft of the draft order. I think Mr Halls was going to indicate that they would need some time to check all of the calculations here.

PN28

THE SENIOR DEPUTY PRESIDENT: Yes.

PN29

MR NUCIFORA: But we are seeking approval in principle today to the safety net adjustment, and we also include - sorry, your Honour.

PN30

THE SENIOR DEPUTY PRESIDENT: From - sorry - from 27 June, is that correct, and that is consistent with the 12 month period since the last variation, which was in PR907922 by Boulton J? That was the last variation.

PN31

MR NUCIFORA: My understanding is that the 14 June is - was 12 months from the previous operative date.

PN32

THE SENIOR DEPUTY PRESIDENT: The 14 June - got the right award?

PN33

MR NUCIFORA: Sorry, I don't have the previous variation here, your Honour, but - - -

PN34

THE SENIOR DEPUTY PRESIDENT: Yes, my record indicates 27 June, that was a decision of Boulton J in print 907922. And that is consistent with earlier adjustments, each of which appeared to have effect from 27 June. Presumably the position of the Union is it seeks variation at the ponit of the 12 month period?

PN35

MR NUCIFORA: Yes, yes, your Honour. If I - once again, if we may be able to finalise that over the next seven days - - -

PN36

THE SENIOR DEPUTY PRESIDENT: Yes.

PN37

MR NUCIFORA: But I certainly appreciate you raising that, your Honour.

PN38

THE SENIOR DEPUTY PRESIDENT: Yes. In terms of the supported wage, I have copy before me of the variations - a summary of variations to the award since August '93, and it doesn't appear to be a supplementary wage clause inserted in the award. So if that is the case, then obviously there would be no variation sought.

PN39

MR NUCIFORA: Yes, your Honour, it was a - that letter - correspondence we sent to you was prior to - it was a blanket provision for all awards that were before you today. Your Honour, the other thing we would mention in relation to the safety net adjustment is the inclusion of the absorption clause outlined in principle 8E, and the Union is prepared to commit to that absorption clause consistent with principle 8D.

PN40

THE SENIOR DEPUTY PRESIDENT: Yes.

PN41

MR NUCIFORA: Your Honour, as I mentioned, I have had some discussions with Mr Halls this morning in relation to the draft order, and we would propose that the safety net adjustment be approved subject to finalisation of the draft order - - -

PN42

THE SENIOR DEPUTY PRESIDENT: Yes.

PN43

MR NUCIFORA: - - - and the applicable dates, and of course, consent in relation to the calculations that are made therein.

PN44

THE SENIOR DEPUTY PRESIDENT: Yes.

PN45

MR NUCIFORA: If your Honour pleases.

PN46

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Nucifora. Mr Halls.

PN47

MR HALLS: Thank you, your Honour. The instructions I have from the company are, your Honour, that the officer responsible for checking the rates and allowances of the draft order only received the information yesterday. I am not denying the possibility that the information was served on the company earlier.

PN48

THE SENIOR DEPUTY PRESIDENT: Yes.

PN49

MR HALLS: But due to that, we would respectfully request seven days to confirm the accuracy of the rates and allowances and to ensure that they have been adjusted in accordance with the May 2002 safety net decision. If the Commission pleases.

PN50

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Yes, I propose to vary the award to give effect to the 2002 safety net review wages decision. I will allow a period of seven days for the respondent company to confirm the various rates set out in the award, and it appears to me that there is no supplementary - sorry - supported wage clause within the award. If upon checking, that appears not to be the case, I should be advised of that by the ASU. Is that your understanding, Mr Halls, that there is no supplementary - sorry - supported wages provision?

PN51

MR HALLS: Your Honour, I must honestly say I am not familiar with the details of the award, so I can't answer that question at this time.

PN52

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Well, perhaps if - Mr Nucifora, if you identify that such clause in the award, if you could advise the person at the company who is checking the draft, and in addition to confirming, or otherwise, the rates set out in the draft, mr Halls, if that person could also confirm that position in respect of supported wage, if it arises.

PN53

MR HALLS: Certainly, your Honour.

PN54

THE SENIOR DEPUTY PRESIDENT: It appears not to. The order will come into force from a date which will reflect the 12 month period since the last variation. On the material before me, that appears to be 27 June 2002. Mr Nucifora, perhaps if you could confirm that with my Associate over the course of the next seven days, that to me appears to be the relevant date, but it will certainly be 12 months since the last adjustment. I will adjourn that matter.

ADJOURNED INDEFINITELY [9.45am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ASU1 NOTICE OF SERVICE PN13
EXHIBIT #ASU2 LETTER TO THE COMMISSION FROM UNION PN24