C2002/2570, Transcript of Proceedings [2002] AIRCTrans 2465 (3 July 2002)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N VT04518

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER GAY

C2002/2570

SERCO (COLIBAN WATER) AWARD 2000

Application under section 113 of the Act by
Australian Municipal, Administrative,
Clerical and Services Union - National
Office Melbourne, to vary the above award

MELBOURNE

10.11 AM, TUESDAY, 18 JUNE 2002

PN1

MR N. HENDERSON: I appear for the Australian Services Union.

PN2

THE COMMISSIONER: Thank you, Mr Henderson.

PN3

MR HENDERSON: I don't think there is any appearance for any other parties in this matter.

PN4

THE COMMISSIONER: Yes, very well.

PN5

MR HENDERSON: But I understand that the Commission has received a letter from Mr Baxter of Serco dated 11 June 2002 in which he advises that he is unable to attend.

PN6

THE COMMISSIONER: You are doing that for me, Mr Henderson. It is true what you say that Mr Baxter of Serco on 11 June wrote to the Commission indicating he was interstate, he has seen the draft order, he has checked it, it is right and he agrees with it. He says that it complies with the requirements of the Commission's principles and that he consents with it. So he has cleared every trip wire.

PN7

MR HENDERSON: You can't ask for more than that, Commissioner.

PN8

THE COMMISSIONER: No, he is over Beeches brook.

PN9

MR HENDERSON: Commissioner, this application seeks to do two things in fact. One, to - - -

PN10

THE COMMISSIONER: And you have handed up the draft order, is that right?

PN11

MR HENDERSON: Yes, Commissioner.

EXHIBIT #ASU1 DRAFT ORDER

PN12

MR HENDERSON: Thank you. Firstly, in relation to the safety net adjustment. Regrettably, this is in the same boat as the previous matter in that these proceedings are less than 12 months from the date of the last variation to this award for the safety net adjustment and we need to request that the Commission waive the requirement for the period of 12 months in order to make this order and we do that on the basis that no employee employed under this award will receive an increase in their wages, nor will the employer experience an increase in wages costs as a result of the making of this order.

PN13

The other matter I raise with the Commission is that the application seeks to include in the award the provisions arising out of the casual employees parental leave test case and the words in the award that we sought to include in the award are precisely in line with the test case decision. There are some allowances adjusted there, Commissioner, and there is an adjustment sheet attached to the back of the order. The union will provide an electronic copy of this to the Commission and we request that the order be made commencing on or after today's date. If the Commission pleases.

PN14

THE COMMISSIONER: Yes, thanks, Mr Henderson.

PN15

MR HENDERSON: I beg your pardon - and we give the undertaking.

PN16

THE COMMISSIONER: Yes. Well, I propose to indicate that the award will be varied consistent with ASU1 and consistent with the position in the last award I propose to consider your submission in relation to the waiver application and the parties can expect that the order will issue very shortly.

ADJOURNED INDEFINITELY [10.15am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ASU1 DRAFT ORDER PN12