C2002/2538, Transcript of Proceedings [2002] AIRCTrans 2432 (1 July 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 7, ANZ House 13 Grenfell St ADELAIDE SA 5000
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BARTEL

C2002/2538

CRISIS ASSISTANCE SUPPORTED HOUSING
(SOUTH AUSTRALIA) AWARD 2000

Application under section 113 of the Act
by the Australian Municipal, Administrative,
Clerical and Services Union, National Office
Melbourne to vary the above award re Safety
Net Review Wages decision of May 2002

ADELAIDE

11.53 AM, FRIDAY, 14 JUNE 2002

PN1

THE COMMISSIONER: Yes, I will take appearances thank you?

PN2

MR J. FLEETWOOD: Commissioner, I appear on behalf of the Australian Services Union, together with my colleague Ms A MARTINI.

PN3

THE COMMISSIONER: Thank you.

PN4

MR T.E. EVANS: Good morning Commissioner, I am from Business SA which is the trading name for the SA Employers Chamber of Commerce Industry and I appear here on behalf of a number of the members of this award. I do advise that I am not here for members - not all of them are respondency list members but a number of them are. Thank you.

PN5

THE COMMISSIONER: Thank you. Yes?

PN6

MR S. FOX: Good morning, Commissioner, I appear on behalf of the Community Employers Association.

PN7

THE COMMISSIONER: Now, are you going to address me on the service - - -

PN8

MR FLEETWOOD: I think I might have to based on what Mr Evans has just said and I wouldn't mind betting, Commissioner, we have a similar problem to that which we had earlier today.

PN9

THE COMMISSIONER: It may depend a bit on the membership of the Community Employers Organisation.

PN10

MR ..........: Sorry, Commissioner, I didn't catch the last bit.

PN11

THE COMMISSIONER: I just - there was an issue in a previous application to vary where the employer organisation had been served but it turned out that they didn't in fact represent the full range of respondents to the award but anyway we will see if that is an issue or not. Yes?

PN12

MR FLEETWOOD: Commissioner, this is an application to vary the Prices Assistance Supported Housing South Australian Award of 2000 in accordance with both the Federal Safety Net decision arising in print PR002002 and also at the same time to accommodate and to vary the award - sorry, to accommodate parental leave for eligible casual employees arising from the Federal test case decision in print PR904631. Commissioner, I have a draft order that I propose to hand up to you in respect of this matter.

PN13

THE COMMISSIONER: Thank you.

EXHIBIT #ASU1 DRAFT ORDER

PN14

MR FLEETWOOD: Commissioner, the draft order varies wage rates and allowances in accordance with that Federal safety net decision. The key classification level was level 1 step 4 which was $26,466, wage rates were adjusted accordingly by $18 a week in line with the Federal decision, a number of allowances were varied in accordance with the Furnishings and Glass Industries decision which is in line with the Federal guidelines for doing that. There was one allowance, a meal allowance which was done other than that and it was done using the CPI meals out and take away food index for the year in question.

PN15

Commissioner, as I have explained, the draft order incorporates wage rates and allowances and the eligible casuals or Parental Leave for Eligible Casuals as outlined in that Federal test case of print 904631. We seek to have the award varied and I accept that you are about to make some comment about the service perhaps.

PN16

THE COMMISSIONER: Well, can you tell me who was served?

PN17

MR FLEETWOOD: We can tell you that Business SA and the Community Employers Association was served.

PN18

THE COMMISSIONER: Now, also I have got a copy of the award in front of me but conveniently it does not actually have schedule A respondents attached to it, do you have a copy of that?

PN19

MR FLEETWOOD: We have got a copy of the award, whether it has got necessarily bits.

PN20

MR EVANS: I do have a copy of schedule A of the respondents if you would like it, it has got my markings over it so I apologise for that, Commissioner.

PN21

THE COMMISSIONER: I will overlook that, thank you. Okay and it was Business SA was the only - - -

PN22

MR FLEETWOOD: No, there were two, Commissioner, Business SA and the Community Employees Association.

PN23

THE COMMISSIONER: Sorry.

PN24

MR FLEETWOOD: Which is historically the way we operate in varying or when going through this exercise in respect of the award.

PN25

THE COMMISSIONER: Did you have an order for substituted service in respect to the CEA?

PN26

MR FLEETWOOD: No.

PN27

THE COMMISSIONER: Okay, because neither Business SA - is that right, Business SA nor the CEA is actually named as a respondent so my understanding is that you need an order for substituted service to serve a party other than a named respondent.

PN28

MR FLEETWOOD: Somebody other than a respondent.

PN29

THE COMMISSIONER: You know, I'm not going to get too hung up on that. I'm satisfied that the organisations represented here today have brought it to the attention of their members, we just need to find out whether there are organisations other than those represented here today who are on the respondency list.

PN30

MR EVANS: Commissioner, I know there is at least ten of those who are direct members of Business SA, I didn't check the list before I came before you, but just my knowledge of the industry knows that we have got at least ten and I'm also quite sure that my colleague from the CEA would have probably if not all the rest very close to them, the bulk of the rest through the CEAs authorities. I am more than happy to check them, get back to them and run that past both Mr Fox and Mr Fleetwood. I've got no particular problem with that.

PN31

THE COMMISSIONER: I'm just wondering whether we might just adjourn for a couple of minutes and just let the two employer reps here have a look at the respondency list.

PN32

MR EVANS: Sure.

PN33

THE COMMISSIONER: It may be that if there are a couple of organisations that haven't therefore been served because they are not members of either yours, Mr Evans, or the CEA, that we have to limit the application of the variation to the award.

PN34

MR EVANS: Yes, if you gave me 5 minutes I could probably get a phone call back to my place and get them to check our list if you would like me to do that, I could do that as well.

PN35

THE COMMISSIONER: Okay. All right, we might adjourn for about 5 minutes if the employer representatives could do that and just advise Mr Fleetwood of that and we will reconvene in 5 minutes. Thank you.

SHORT ADJOURNMENT [12.00noon]

RESUMED [12.25pm]

PN36

THE COMMISSIONER: What have we discovered?

PN37

MR FLEETWOOD: A fair bit, Commissioner. Whilst the adjournment has been on, Mr Fox and Mr Evans have done a fair bit of work in respect to trying to establish their membership amongst schedule A. Arising from that, it would appear, at this moment, that four of the respondents - and there's probably 30 or so on that list - four of those respondents would not currently be covered by those two organisations in combination. For the record, those four are Judith House Inc.

PN38

THE COMMISSIONER: Yes.

PN39

MR FLEETWOOD: Offenders' Aid Rehabilitation Services of South Australia Inc., St Joseph's Family Care Centre Limited, and Youth Services of the Barossa Inc.

PN40

THE COMMISSIONER: Thank you.

PN41

MR FLEETWOOD: Now, Commissioner, I suppose it is up to us to try to establish some sort of contact with those four bodies, which we will endeavour to do. There's at least one on that list that I think we could fairly comfortably contact, the Offenders' Aid and Rehabilitation Services. I probably just need to put on the record now that there might be a chance that Judith House Inc. and Youth Services of the Barossa Inc. etcetera may or may not exist and whatever.

PN42

I would expect, though, Commissioner, that you would expect us to do our best to track them down and we will do that, and come back to you when we are in a position - or back to your office when we are in a position to advance this matter further. I ask what you intend to do now about the rest. We ask that you vary the Award in accordance with the membership of those other two, Business SA and the Community Employers' Association, and that we come back to tidy up the remainder, thank you.

PN43

THE COMMISSIONER: Well, two matters that come to mind. First of all, while the CEA and Business SA are not named respondents, that in future, it is probably wise to seek an order for substituted service so that there are no issues about that but for today's proceedings, I'm satisfied that those parties, who are members of these two employer organisations, are, in fact, aware of the nature of these proceedings.

PN44

Secondly, in relation to what we do in the future, or with the four organisations that you have named, subject to what the employer organisations present here have to say, if it is that those organisations consent to the application, and this is probably the case in the previous Award matter for the Municipal Officers' Award, if there was consent, if that can be provided in writing to me, then I'm happy to do those ex parte if that is of assistance to the parties, but I will leave that with you. If that is sought, then if a request comes in with the attached documentation satisfying that the respondents consent, then I'm happy to do that.

PN45

MR FLEETWOOD: That would very much be welcomed by us, thank you.

PN46

THE COMMISSIONER: Yes, thank you for that. Mr Evans?

PN47

MR EVANS: Thank you, Commissioner. Commissioner, I endorse that approach and I'm happy to do that. In terms of one of the four organisations identified, Offenders' Aid, I know them and I do - even though they are not members, I do provide some advice to them - - -

PN48

THE COMMISSIONER: Yes.

PN49

MR EVANS: - - - so I will ring them after this matter and sort them out, so to speak.

PN50

THE COMMISSIONER: In the nicest possible way.

PN51

MR EVANS: Sorry?

PN52

THE COMMISSIONER: In the nicest possible way.

PN53

MR EVANS: Yes, thank you, absolutely. Look, Commissioner, in respect of the application, the ASU one, my organisation has checked that we are comfortable with the variations. It is consistent with the National Wage Case decision of 9 May. From our perspective, principle 8, in respect of the arbitrary safety net adjustment have been met. It is 12 months since the previous variation of 14 June, so today's date would be a straight flow-over, the first full pay period on or after. The absorption provision, again, I acknowledge that while the ASU has not voted it on transcript, as you have quite rightly said, because they have inserted it into the Award, they commit to it so we have no particular problem with that.

PN54

A number of Business SA members do have enterprise agreements so that would be applicable to them in that area. In respect of the principles, principle 5, yes, we have no particular problem with that. The allowance has been varied and I endorse the comments of Mr Fleetwood in respect of the parental leave decision. The provisions in relation to the test case decision of 31 May relating to regular casuals has been acknowledged and endorsed, and we accept that so as I indicated, we give consent on behalf of members of Business SA, thank you.

PN55

THE COMMISSIONER: Thanks, Mr Evans. Yes, Mr Fox?

PN56

MR FOX: Thank you, Commissioner. Certainly, it was very good of the Commission to put this time aside for us to solve the problems we had here this morning. I would just add one thing. Even though Offenders' Aid Rehabilitation Services of South Australia, we have said, is not a member, they are unfinancial. They have been members and, I believe, they have previously been members of Business SA as well so ....., I believe, will follow up apart from the union's commitment to do so from their application.

PN57

Commissioner, we have had time to go through the ASU's application, and we certainly endorse the application from the Safety Net Decision and we are satisfied, not only with rates, but also the allowances and the provision of the parental leave, that it is in accordance with not only the Safety Net Decision but also of receiving ..... before this Commission, if the Commission pleases.

PN58

THE COMMISSIONER: Yes, I have before me an application by the Australian Municipal, Administrative, Clerical and Services Union to vary the Crisis Assistance, Supported Housing (South Australia) Award 2000 to give effect to the safety net adjustment handed down in the Safety Net Review of Wages in May 2002. I note that the employer organisations represented here today represent the full list of respondents to the Award, set out in Schedule A, with the following exceptions - Judith House Incorporated, Offenders' Aid and Rehabilitation Services of South Australia Incorporated, St Joseph's Family Care Centre Limited, and Youth Services of the Barossa Incorporated.

PN59

I am satisfied that the terms of the draft order, which has been handed up this morning and marked exhibit A, SU1, are in accordance with the Safety Net Review of Wages decision, and in particular, principles dealing with the adjustment of wages, the adjustment of allowances, and the incorporation of test case principles which are relevant in relation to the provisions in the draft order seeking to incorporate the provisions of the parental leave test case in PR904631, insofar as they relate to regular casuals. I'm satisfied that the principles are met, as I've indicated, and the order will therefore be made by the Commission. The order will operate from the first pay period to commence on or after 14 June 2002, and will cover for a period of 6 calendar months therefrom.

PN60

As indicated, the Award will be binding on all parties named in schedule A as employer respondents to the Award, other than the four specifically mentioned earlier. I will leave it with the parties as to how they wish to handle those outstanding respondents. Thank you.

ADJOURNED INDEFINITELY [12.30pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ASU1 DRAFT ORDER PN14