C0118/098, Transcript of Proceedings [2002] AIRCTrans 2321 (25 June 2002)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DUNCAN

C No 01180 of 1998

APPLICATION FOR A REVIEW PURSUANT TO
ITEM 51 SCHEDULE 5 TRANSITIONAL WROLA
ACT 1996 OF THE FILM AUSTRALIA PTY LTD
(TERMS AND CONDITIONS OF EMPLOYMENT) AWARD
1989 RE AWARD SIMPLIFICATION

SYDNEY

11.08 AM, MONDAY, 3 JUNE 2002

Continued from 16.8.01

PN16

THE SENIOR DEPUTY PRESIDENT: Good morning everyone. You continue your appearance for MEAA, Mr Whipp, and Mr Saggers for Film Australia.

PN17

MR WHIPP: Yes, your Honour.

PN18

MR SAGGERS: Yes, your Honour.

PN19

THE SENIOR DEPUTY PRESIDENT: I almost don't have the need to say this. What's the position?

PN20

MR WHIPP: Your Honour, the position is as outlined in my letter of 30 May 2002 to yourself and I apologise that it has taken the parties as long as it has to get to this position. As indicated in the letter, all items are agreed. With respect to the communication from your associate to both Mr Saggers and myself, all items are agreed as requested in that communication in relation to the most recent draft prepared by the Commission.

PN21

The only item outstanding in relation to which we are seeking the Commission's assistance is the drafting of the personal leave clause and in particular clause 15.1.3 where the standard clause prepared by the Commission indicates a preferred way of drafting and we have both drafted it in that form and also drafted it in option two in another form. Just so that you know, this is not an award under which there is a maximum amount of accrual.

PN22

In terms of accrual, the carers leave accrues from year to year and continues to accrue by the balance of the unused portion of the leave. It is our view that 15.1.3 in option two and 15.1.3 in option one are saying the same thing and for ease of drafting and ease of comprehensibility, it would be preferable to include the option two drafting in respect of 15.1.3 rather than the option one drafting. But with the exception of that issue, all items are agreed between the parties and it's our view that the matter can proceed to the issuing of a simplified award.

PN23

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Whipp. I note in addition that the parties have proposed that the words "by agreement with the employees union" in the fourth line of clause 17.1 be deleted and that's obviously something that the Commission should have picked up itself in any event.

PN24

MR WHIPP: That's correct, your Honour. It's our view that that is an unallowable matter.

PN25

THE SENIOR DEPUTY PRESIDENT: I agree. Thank you, Mr Whipp. Mr Saggers?

PN26

MR SAGGERS: I have nothing to add, your Honour. Our view is mutual and at one as is underlined in the letter.

PN27

THE SENIOR DEPUTY PRESIDENT: Well, as far as I'm concerned, the two options are best resolved by using option two. It is a simpler training and I think for that reason if no other, it should be adopted or can be adopted I should say. So you can take that as a ruling that the option two of the expression of 15.1.2 and in particular 15.1.3 will be that which is adopted by the Commission. The suggestion about the deletion of the words in 17.1 will be adopted and the only thing that I think prevents my issuing the simplified award is the position of the CPSU in that I don't know anything about it.

PN28

MR WHIPP: Your Honour, we have attempted to contact the CPSU to ascertain their views. The person who was previously responsible for this process within the CPSU had asked that we, the Alliance, represent them in the proceedings. However, that person has since departed the CPSU and it is obviously incumbent upon the Commission to ascertain the views of the CPSU. However, at this point in time I'm not able to assist you with respect to who that relevant person within the CPSU may be. We've attempted to make contact but we haven't received a response at this point in time.

PN29

THE SENIOR DEPUTY PRESIDENT: Yes. What I'll have to do, I think, is organise with for my associate to send a copy of the final draft and ask them if they agree. I can see nothing else about it but he may perhaps liaise with you, Mr Whipp, because it might be useful to incorporate in the letter a statement that we've been advised by the MEAA that it understood, subject only to a change of officers in the CPSU, that it was appearing on behalf of both unions.

PN30

MR WHIPP: That's correct.

PN31

THE SENIOR DEPUTY PRESIDENT: It will draw their attention to the fact that they haven't been ignored but that they've handed over the task to the MEAA.

PN32

MR WHIPP: That's correct.

PN33

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Whipp. There's nothing more you need to say, Mr Saggers, is there?

PN34

MR SAGGERS: No, nothing further.

PN35

THE SENIOR DEPUTY PRESIDENT: Well, I've indicated what my intentions are. I don't believe it will be necessary for there to be any further hearings in the matter subject to the CPSU coming on board. The award will issue in its simplified form as soon as we can arrange it. I adjourn this matter indefinitely.

ADJOURNED INDEFINITELY [11.15am]