C2002/2429, Transcript of Proceedings [2002] AIRCTrans 2352 (25 June 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2002/2429

CLERICAL OFFICERS (NORTHERN TERRITORY
TOTALISATOR ADMINISTRATION BOARD)
AWARD 1986

Application under section 113 of the Act
re safety net review - wages May 2002 and
parental leave for casual employees

SYDNEY

5.16 PM, TUESDAY, 11 JUNE 2002

Adjourned sine die

PN1

THE SENIOR DEPUTY PRESIDENT: I call on C2002/2429.

PN2

MR MATARAZZO: May it please the Commission I appear on behalf of the Australian Services Union.

PN3

MS ROBERTS: I appear for the NT Chamber of Commerce and Industry.

PN4

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Roberts. Yes, Mr Matarazzo?

PN5

MR MATARAZZO: This award is a safety net award for the TAB Head Office in Darwin and the TAB agencies. It is a casuals only award and that is why the rates in clause 5 are reflected in an hourly rate as opposed to a weekly or annual rate. So the ASU is seeking to vary this award in accordance with the National Wage Increase of the national decision. What we have done is used the weekly rate of $18, divided that by 38 hours which is the 38 hour week. Obviously we come up with the, I think it is 47 cents but it is about .474 or something, it didn't quite get to 48 cents. So we have varied the base hourly rates by 47 cents and obviously the Sunday and Public Holiday rates in this award are double time and we have increased those accordingly.

PN6

We have also sought to increase the allowance in accordance with the relevant procedures, that's the supervisor's allowance from 64 cents to 66 cents per hour. In regard to the parental leave clause for casuals, as a result of this being a casuals only award the test case standard obviously is not the appropriate clause for this award. I have been advised by the ASU National Office that the clause I've submitted in the draft order is the same clause they use in the Victorian relevant TAB award, that applies for casuals only. The ASU has no objection to the Commission checking this or checking with whomever you have to, to ensure that what I have submitted is kosher with the Commission.

PN7

Obviously we have made the relevant adjustments bearing in mind this is a casuals only, so that's why in this clause we talk about shifts as opposed to casuals coming back as part time employees and all sorts of other things in the test case standard.

PN8

THE SENIOR DEPUTY PRESIDENT: The Victorian award was a matter before the test case full bench and settled by it. I will mark the draft order ASU1. The date again should be amended for operative date to June 12, 2002.

EXHIBIT #ASU1 DRAFT ORDER

PN9

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes, Ms Roberts?

PN10

MS ROBERTS: Thank you, your Honour. We consent to the draft order.

PN11

THE SENIOR DEPUTY PRESIDENT: Is the parental leave provision, those you represent are satisfied that that's the appropriate provision to apply to the Northern Territory TAB?

PN12

MS ROBERTS: Yes, that is fine with us.

PN13

THE SENIOR DEPUTY PRESIDENT: Very well. I will certainly check to ensure the clause is in the terms of the casual award only provision inserted in the Victorian TAB award. Presuming that is the case I will vary the award in respect of parental leave in the terms of ASU1. I am satisfied that the award should also be varied in terms of ASU1 to give effect to the safety net review wages decision. The order shall come into force in the beginning of the first pay period commencing on or after June 12, 2002 which is 12 months beyond the previous variation by Commissioner Eames.

PN14

I will adjourn that matter.

ADJOURNED INDEFINITELY [5.21pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ASU1 DRAFT ORDER PN9