C0084/999, Transcript of Proceedings [2002] AIRCTrans 26 (2 January 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C No 00849 of 1999

APPLICATION FOR A REVIEW PURSUANT TO
ITEM 51 SCHEDULE 5 TRANSITIONAL WROLA
ACT 1996 OF THE SALARIED OFFICERS
(AUSTRALIAN NATIONAL RAILWAYS) AWARD
1978 RE CONDITIONS OF EMPLOYMENT

C2001/5400

ACTION ON COMMISSION'S OWN MOTION

Application under section 33 of the
Act re Salaried Officers (Australian
National Railways) Award 1978 concerning
C No 00849 of 1999

C No 00
852 of 1999

APPLICATION FOR A REVIEW PURSUANT TO
ITEM 51 SCHEDULE 5 TRANSITIONAL WROLA
ACT 1996 OF THE SALARIED OFFICERS
(AUSTRALIAN NATIONAL RAILWAYS) AWARD
1978 RE CONDITIONS OF EMPLOYMENT

C2001/5399

ACTION ON COMMISSION'S OWN MOTION

Application under section 33 of the
Act re The Traffic Operating, Workshops
and Miscellaneous Grades (Australian
National Railways) Award 1978 concerning
C No 00852 of 1999

SYDNEY

9.10 AM, WEDNESDAY, 12 DECEMBER 2001

Hearing continuing

PN1

THE SENIOR DEPUTY PRESIDENT: I think I will take the appearances again, please.

PN2

MR A. THOMAS: If the Commission pleases, I appear on behalf of the Rail, Tram and Bus Union.

PN3

MR G. McLEAN: If it pleases the Commission, I appear for the Australian Services Union.

PN4

MR S. WATTS: If the Commission pleases, I am from the Australian Mines Metals Association and I appear on behalf of Tasrail.

PN5

MS J. FUREY: If the Commission pleases, I appear for Australian Southern Railway Pty Limited and I also appear for the Australian Railroad Group Pty Limited.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. These matters have been brought on because it seemed to me that the awards that are sought to be simplified or are required to be simplified are so out of date, and those in respect of respondency content, and an appropriate way to deal with the matter might be to have a new award made on existing dispute findings or create new dispute findings and then have the awards set aside and similar matters were before me on 23 November in relation to the Locomotive Enginemen's Award and another award, and in another award where my suggestion was adopted and the matters were adjourned until next year in February in the hope that a new award will be made by consent. Could I have the attitude of the parties to these awards.

PN7

MR THOMAS: Your Honour, the RTBU would agree that there are some common features between the two awards before you today and the Locomotive award that was before you, I think in the latter part of last month. Accordingly, we would agree that the appropriate procedure for dealing with this is the same as for the Locomotive award and the only difference being the timetable I think which would have to differ as a matter of necessity.

PN8

I can say your Honour that I have spoken to a Mr Johnson from the AMWU and he has informed me that they would be prepared to go along with the procedure as proposed. As we see it your Honour it is a matter of the detail of the procedure which should be determined and we can take it from there.

PN9

THE SENIOR DEPUTY PRESIDENT: What sort of timetable were you looking at, Mr Thomas.

PN10

MR THOMAS: I am conscious of the time of the year and I'm conscious also of the fact that I personally won't be here from Christmas till Australia Day. I'm also conscious of the fact that whilst I can have a version of the Locomotive award to the other parties by the end of next week the other two awards are both longer and cover a more diverse range of classifications. Taking that into account your Honour the timetable going towards the end of February would allow some, you know, constructive progress rather than wishful thinking.

PN11

THE SENIOR DEPUTY PRESIDENT: I'm prepared to accommodate that, Mr Thomas. At the end of the hearing we will go off the record and sort out some dates if all the other parties are agreeable to that. Yes, thank you, Mr Thomas. Mr McLean?

PN12

MR McLEAN: Thank you. Yes, we would also be supportive of that line of action. I would also note that there is an award covering the Australian Rail Track, an enterprise agreement, covering the Australian Rail Track Corporation that expires at the end of February that uses one of these awards and an underpinning award. So we would also see some merit in the position as you have outlined.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Mr Watts?

PN14

MR WATTS: Thank you, your Honour. Yes, we would agree with the course of action as outlined by your Honour. I was of the understanding there is one caveat though also with that condition and that the new award would be developed along the lines using the simplification principle as a guide to the new award.

PN15

THE SENIOR DEPUTY PRESIDENT: The new award has to comply with section 89A.

PN16

MR WATTS: We would use the old award as the base to progress that with using the principles.

PN17

THE SENIOR DEPUTY PRESIDENT: That's a matter for the parties whether it is fairly logical starting off on it I would have thought.

PN18

MR WATTS: Thank you, your Honour.

PN19

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Ms Furey?

PN20

MS FUREY: Your Honour, ASR is also of the opinion that the award should be set aside. On behalf of the Australian Railroad Group we also agree with that. The Australian Railroad Group is actually a parent company of ASR it doesn't actually have any employees but nevertheless supports the position of its subsidiary company. If it pleases the Commission.

PN21

THE SENIOR DEPUTY PRESIDENT: Thank you very much. We will go off the record and sort out some dates.

OFF THE RECORD [9.15am]

RESUMES [9.19am]

PN22

THE SENIOR DEPUTY PRESIDENT: I've had a discussion with the parties and these matters will be adjourned until 10.15 am on Thursday, 28 February 2002 in Sydney. Thank you for your attendance.

ADJOURNED UNTIL THURSDAY, 28 FEBRUARY 2002 [9.20am]