C2002/2606, Transcript of Proceedings [2002] AIRCTrans 2312 (24 June 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT04392

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2002/2606

SCHOOL SERVICES OFFICERS (STATE GOVERNMENT
SCHOOLS) VICTORIA AWARD 2002

Application under section 113 of the Act
by the Australian Liquor, Hospitality and
Miscellaneous Workers Union-Victorian Branch
to vary the above award re Safety Net Review -
Wages Decision of 2002

MELBOURNE

3.07 PM, FRIDAY, 7 JUNE 2002

PN1

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

PN2

MR I. HOLLINGWORTH: I appear on behalf of the Department of Education and Training.

PN3

PN4

MR D. CHEESEMAN: I appear on behalf of the CPSU.

PN5

MS W. SENGOTTA: I appear on behalf of the AEU.

PN6

THE SENIOR DEPUTY PRESIDENT: Very well, thank you. Now I have got a statement of service by Mr Daley on file, 6 June 2002. It provides evidence of service on the Department of Education and Training, AEU, CPSU. Yes, Ms Ilias.

PN7

MS ILIAS: Thank you, your Honour. This is an application pursuant to 113 of the Act to vary the School Services (State Government Schools) Victoria Award 2000 pursuant to the Full Bench National Wage Case decision PR002002. I would like to hand up a copy of the draft, your Honour.

EXHIBIT #LHMWU1 COPY OF DRAFT ORDER

PN8

THE SENIOR DEPUTY PRESIDENT: And this order again appears to reflect the previous Act and so we can correct that. Very well.

PN9

MS ILIAS: Thank you, your Honour. May I just make a point: I think most of them do now that has been raised, I have had a very quick look.

PN10

THE SENIOR DEPUTY PRESIDENT: I haven't looked at that section.

PN11

MS ILIAS: 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 Allowance decision, print number M9675. The union gives the commitment to absorption as required in principle 8 of the decision and we are seeking an operative date of 3 July 2002, this is 12 months since the 2001 safety net review variation was made and we ask the Commission to grant the application.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes, very well. I think the - clause 7.11, point 1, omits the word "adjustment" again. It probably should be reflected there to prevent the prospect of absorption of the entire safety net.

PN13

MS ILIAS: Yes, thank you, your Honour.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Yes, Mr Hollingworth. I will just go down the table.

PN15

MR HOLLINGWORTH: If the Commission pleases, the ALHMWU give the necessary commitments and we have no objection to the granting of the $18 safety net adjustment safety net adjustment. I just need to add that we haven't had the opportunity to check the order fully and we would seek that we have further discussions with the union and agree on the format of the order within seven days. If the Commission pleases.

PN16

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Yes, Mr Cheeseman.

PN17

MR CHEESEMAN: The CPSU would certainly like to support the application made by the Hospitality and Miscellaneous Workers Union though we would be happy enough to adjourn for seven days.

PN18

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Ms Sengotta.

PN19

MS SENGOTTA: The AEU is happy to support the application and we have looked at the draft orders and checked the figures but we are also happy to wait for the seven days.

PN20

THE SENIOR DEPUTY PRESIDENT: Very well. Thank you for that. This is an application by the Australian Liquor, Hospitality and Miscellaneous Workers Union to vary the School Services Officers (State Government Schools) Victoria Award 2000 to give effect to the safety net review wages decision of May 2002, print PR002002. The variation in draft order LHMWU1 seeks to vary the award to increase annual salaries in accordance with the safety net decision and to increase allowances in accordance with principle 5.

PN21

The appropriate undertakings in respect to absorption have been given and the required clause included in the award subject to a typographical error which will be amended. The operative date sought is the first pay period on or after 3 July 2002 which provides a period of 12 months between the safety net adjustment having regard to the decision of the Full Bench in print PR908061. I will vary the award in the terms of exhibit LHMWU1 subject to providing a period of seven days for the other parties to check the rates and allowance levels and confer with the LHMWU.

PN22

In the absence of any issue arising out of the checking, the award will be varied to give effect to the rates contained within the exhibit. The order shall come into force from the first pay period beginning on or after 3 July 2002 and shall continue for a period of 12 months. I will now adjourn.

ADJOURNED INDEFINITELY [3.14pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #LHMWU1 COPY OF DRAFT ORDER PN8