C2002/609, Transcript of Proceedings [2002] AIRCTrans 2434 (1 July 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BARTEL

C2002/609

MUNICIPAL OFFICERS (SOUTH AUSTRALIA)
AWARD 1998

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

11.10 AM, FRIDAY, 14 JUNE 2002

PN1

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

PN2

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

PN3

THE COMMISSIONER: Thank you, Mr Fleetwood.

PN4

MR S.J. ACTON: If the Commission pleases, I appear on behalf of the Association of Professional Engineers, Scientists and Managers Australia. I have also been asked to appear for the AMWU by Mr Baur and I believe a letter to that effect has gone to the Commissioner's office.

PN5

THE COMMISSIONER: Yes, that is correct.

PN6

MR ACTON: Thank you.

PN7

THE COMMISSIONER: Thank you.

PN8

MR HILL: May it please the Commission, I appear for the respondent councils to the Municipal Officers SA Award, HILL G.J.

PN9

THE COMMISSIONER: Thank you. Mr Hill, you represent all the respondent councils?

PN10

MR HILL: Commissioner, in normal circumstances we do. Are we dealing with the - just the respondency matter?

PN11

THE COMMISSIONER: The respondency issue, yes.

PN12

MR HILL: Okay, well in respect of that application, Commissioner I appear for the Light Regional Council, the Lower North and Maughan Plant Control Board and the Federation of North Eastern Councils.

PN13

THE COMMISSIONER: So in respect to the other three organisations that are sought to be included - - -

PN14

MR HILL: Well, I understand Commissioner, that the ASU is in possession of a letter of consent on behalf of the Murray Mallee Community Transport Scheme. The other two, the Kingston District Council - - -

PN15

THE COMMISSIONER: Yes.

PN16

MR HILL: - - - and the Mt Lofty Ranges and Maughan Plant Control Board, I have attempted to contact them during the course of the week but without a great deal of success, but I might add that they - the application with respect of those two authorities are born out of amalgamation and as a matter of course should be picked up under the transmit E provisions of the Workplace Relations Act.

PN17

THE COMMISSIONER: All right. Do you have proof of service there, Mr Fleetwood in relation to this matter?

PN18

MR FLEETWOOD: Yes, Commissioner, we do.

PN19

THE COMMISSIONER: Yes, could I look at that thanks. Yes, just before you make submissions, Mr Fleetwood, I will just mark the letter from the AMWU that was referred to by Mr Acton is exhibit AMWU1.

EXHIBIT #AMWU1 LETTER FROM THE AMWU

PN20

THE COMMISSIONER: Yes, thank you.

PN21

MR ACTON: Commissioner, this application seeks to update the Award, if you like, in respect to predominantly the matters that have arisen from council amalgamations over time and name changes etcetera that have occurred and it seeks to - sorry, insert six respondents to the Award and delete eight named respondents to the Award accordingly. Now one of those, Commissioner, does not arise out of an amalgamation as such but it is an organisation that we have sought to include in the award and that organisation is the Murray Mallee Community Transport Scheme.

PN22

If I could take the opportunity to take up the Commission now a copy of a letter that the ASU has received from that organisation. Commissioner, that letter fairly simply says what is says, that the employer consents becoming respondent to the Award.

PN23

THE COMMISSIONER: I will mark that letter ASU1.

EXHIBIT #ASU1 LETTER FROM THE MURRAY MALLEE COMMUNITY TRANSPORT SCHEME CONSENTING TO BECOME A RESPONDENT TO THE AWARD

PN24

THE COMMISSIONER: Now, in order to be a party to a Federal Award, there needs to be a dispute found, log of claims - - -

PN25

MR ACTON: I am going to that now, Commissioner. This matter arises out of a decision of the Commission - in fact, Commissioner Simmonds dated 28 February 2002 and if I could hand that up as well to the Commission. Commissioner, in that - - -

PN26

THE COMMISSIONER: Yes, I will mark that ASU2.

EXHIBIT #ASU2 DECISION OF COMMISSIONER SIMMONDS DATED 28 FEBRUARY 2002

PN27

MR FLEETWOOD: Commissioner, in that record of findings of Commissioner Simmonds of that date, in attachment A the Commission attached a series of employers and listed in those employers were the six that we seek to add here, that is the Kingston District Council, the Light Regional Council, the Lower North and Maughan Plant Control Board, Mount Lofty Ranges Animal and Park Control Board, Federation of North-Eastern Councils and the Murray Mallee Community Transport Scheme.

PN28

As you can see, Commissioner, the record of findings of Commissioner Simmonds of 28 February finds that there is an industrial dispute within the meaning of the act and in accordance with that we have sought to vary this Award now to finish the matter off by including those applicants - sorry, those employers into the Award respondency. Commissioner, as you have identified, they have been served. Mr Hill represents, I gather, three of those from what he said. There is a letter from the fourth, that is the Murray Mallee Community Transport Scheme.

PN29

In our submissions, Commissioner, in respect to the other two, the two silent ones if you like, Kingston District Council and Mt Lofty Ranges Animal and Plant Control Board. It is obviously up to you as to what you want to do with them today but we would seek that you vary the Award in accordance with our draft orders and find the respondent to the Award. Thank you.

PN30

THE COMMISSIONER: Thank you. I would also just like to - it was remiss of me, I also have on file a letter from the Federation of North Eastern Councils who also indicate that they have no objection to being joined as a respondent to the Award. So I might just mark that letter as exhibit R1.

EXHIBIT #R1 LETTER FROM THE FEDERATION OF NORTH EASTERN COUNCILS

PN31

THE COMMISSIONER: Yes.

PN32

MR ACTON: I have no further submissions to make, Commissioner, in relation to the matter that has been raised.

PN33

MR HILL: Commissioner, on behalf of the Light Regional Council, the Lower North Animal Plant Control Board and the Federation of North Eastern Councils those authorities give their consent to respondency to the Award in the terms sought.

PN34

THE COMMISSIONER: Yes, thanks Mr Hill. Yes, on the basis of the submissions this morning, I will vary the Municipal Officers Award. I am satisfied that all the councils that are sought to be bound by the Award have been properly served and that a dispute has been found to exist with each of them pursuant to a decision of Commissioner Simmonds in C2001/5868. I therefore vary the Award to - did you have a draft order in respect of this matter.

PN35

MR FLEETWOOD: I thought that I handed it up but if I haven't my apologies. Sorry, I neglected to do that.

PN36

THE COMMISSIONER: I will mark the draft order exhibit ASU3.

EXHIBIT #ASU3 DRAFT ORDER

PN37

THE COMMISSIONER: So the Award will be varied by consent in accordance with the draft order marked in proceedings today as exhibit ASU3. The Award will operate from the first pay period to commence on or after 14 June 2002 and remain in force for a period of six calendar months. Thank you.

ADJOURNED INDEFINITELY [11.40am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AMWU1 LETTER FROM THE AMWU PN20
EXHIBIT #ASU1 LETTER FROM THE MURRAY MALLEE COMMUNITY TRANSPORT SCHEME CONSENTING TO BECOME A RESPONDENT TO THE AWARD PN24
EXHIBIT #ASU2 DECISION OF COMMISSIONER SIMMONDS DATED 28 FEBRUARY 2002 PN27
EXHIBIT #R1 LETTER FROM THE FEDERATION OF NORTH EASTERN COUNCILS PN31
EXHIBIT #ASU3 DRAFT ORDER PN37