C2002/2477, Transcript of Proceedings [2002] AIRCTrans 2566 (11 July 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT04625

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOLMES

C2002/2477

TRANSPORT WORKERS (BULK MILK CARTERS)
AWARD 1985

Application under section 113 of the Act
by Transport Workers Union of Australia
to vary the above award re Safety Net
Review - Wages May 2002

MELBOURNE

9.44 AM, MONDAY, 24 JUNE 2002

PN1

MS J. TISDALE: I appear for the Transport Workers Union.

PN2

MS J. WATLING: I represent the Australian Industry Group.

PN3

MR D. NORTH: I appear for Linfox Australia.

PN4

THE COMMISSIONER: Yes, Mr Tisdale.

PN5

MS TISDALE: Thank you, Commissioner. This is an application by the TWU to vary the Transport Workers (Bulk Milk Carters) Award 1985. Copies of our application, the draft order and the notice of listing were sent by registered post to the substituted service list. I have a statement of service attesting to that, together with a copy of the draft order we are seeking.

EXHIBIT #T1 COPY STATEMENT OF SERVICE

EXHIBIT #T2 COPY DRAFT ORDER

PN6

THE COMMISSIONER: Do the other parties have copies of those? They should have in a substituted service - - -

PN7

MS TISDALE: They were served, yes.

PN8

THE COMMISSIONER: Please proceed.

PN9

MS TISDALE: The draft order includes the arbitrated safety net adjustments arising out of the recent Full Bench decision. Work-related allowances have been increased in line with principle 5 of the Commission's statement of principles and expense-related allowances have been increased by CPI. The minimum payment payable under the supported wage system has also been increased to $56 in line with the recent Full Bench decision in PR918422. The union gives the commitment required under principle 8(d) as to the absorption of these safety net increases and we are seeking an operative date of 27 July 2002, which is 12 months since the award was last increased for safety net adjustments. If the Commission pleases.

PN10

THE COMMISSIONER: Thank you. Ms Watling.

PN11

MS WATLING: We have checked the draft order, Commissioner, served upon us by the union and we have checked the rates and allowances contained in this draft order and we believe that they have been adjusted in accordance with the statement of principles in the May 2002 Safety Net Review decision. Unless the Commission has any particular concerns or queries in relation to the draft order, the Australian Industry Group does not oppose the variations that were sought by the union. If the Commission pleases.

PN12

THE COMMISSIONER: Thank you, Ms Watling. Mr North.

PN13

MR NORTH: Commissioner, we have no objection to the union's application but if it would be all right by the Commission if we could have seven days in which to peruse the draft to ensure there is no errors or omissions, inadvertent or otherwise. If the Commission pleases.

PN14

THE COMMISSIONER: Ms Tisdale, do you have a view about that?

PN15

MS TISDALE: I don't object to that, Commissioner. The more eyes the better.

PN16

THE COMMISSIONER: Fine. Well, given the fact that it is a month before the order would be effective in the form that it is proposed, yes, Mr North, you will have seven days in which to peruse the calculations and I ask that you advise my associate in writing - by way of fax would be adequate - whether you agree with the calculations or disagree. I would suggest that, if you do disagree, that you liaise with Ms Tisdale and Ms Watling in the matter.

PN17

MR NORTH: Thank you, Commissioner.

PN18

THE COMMISSIONER: Subject to that advice, the application is granted and, on the expectation that the amounts are agreed or whatever amounts are agreed ultimately, the order will be issued prior to 27 July, with an effective date of 27 July, the first pay period on or thereafter. This matter is adjourned.

SHORT ADJOURNMENT [9.47am]

RESUMED [9.53am]

PN19

THE COMMISSIONER: I relist matter C2002/2477, which is the application by the TWU for the adjustment pursuant to section 113 of the Transport Workers (Bulk Milk Carters) Award 1985. I do so pursuant to my powers under section 111 in order to enable a representative of the respondents to express a view. Ms Whitecross.

PN20

MS J. WHITECROSS: I am from the Victorian Employers Chamber of Commerce and Industry. I just wish to express that VECCI has checked the order forwarded to us from the TWU and is satisfied that it is consistent with the principles established within the Safety Net decision of 2002, print number P002002, and thus would not be opposing the application on the terms sought. If the Commission pleases.

PN21

THE COMMISSIONER: Thank you, Ms Whitecross. The matter is adjourned.

ADJOURNED INDEFINITELY [9.54am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #T1 COPY STATEMENT OF SERVICE PN6
EXHIBIT #T2 COPY DRAFT ORDER PN6