C2002/2571, Transcript of Proceedings [2002] AIRCTrans 2666 (12 July 2002)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS

O/N VT04716
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOLMES

C2002/2571

COLIBAN REGION WATER AUTHORITY
AWARD 2001

Application under section 113 of the Act by
Australian Municipal, Administrative, Clerical
and Services Union to vary re safety net review
wages decision, May 2002

MELBOURNE

2.03 PM, THURSDAY, 27 JUNE 2002

PN1

MR M. KARLOVICH: I appear on behalf of the Australian Services Union.

PN2

THE COMMISSIONER: Thank you, Mr Karlovich. I have received a letter from Alastair Dawson, Executive Manager - Retail Administration of Coliban Water indicating that it supports the application. So if you would just proceed, please, Mr Karlovich.

PN3

MR KARLOVICH: Thanks very much, sir. Yes, this is an application in accordance with the safety net review of the wages decision of May 2002 to vary the Coliban Region Water Authority Award 2001 to include and increase wages and salaries by $18 a week as appropriate, consistent with the review, sir. And also to include in the award provision for parental leave for casuals as appropriate also, consistent with the Full Bench decision of May 31, 2001. And we would rely, of course, on our draft order, sir, which I hope you would have. If you don't, I will hand it up.

PN4

THE COMMISSIONER: Well, I don't think that I do, to be honest.

EXHIBIT #K1 DRAFT ORDER

PN5

THE COMMISSIONER: I take it that a copy of this has been provided to the Coliban Region Water Authority?

PN6

MR KARLOVICH: Yes, sir, that has been sent to Mr Alastair Dawson and that was sent a few days ago.

PN7

THE COMMISSIONER: Right, and have they - the letter doesn't explicitly refer to the order but just the application which might be in general terms. Have they indicated a view about the order at all back to you, or not?

PN8

MR KARLOVICH: I have an email here on my file, sir, of two days ago indicating that they had received it so - and had no problems with it, from what I can gather so - - -

PN9

THE COMMISSIONER: If you want to read the text of the email into the transcript.

PN10

MR KARLOVICH: Yes:

PN11

Thanks, Julie. It may have got lost in our email system. As noted, we have no objection to the changes proposed to your draft order and will forward that on to Commissioner Holmes.

PN12

And that was sent on - received from Alastair Dawson on 25 June.

PN13

THE COMMISSIONER: Thank you. Yes. Now, he has forwarded the application but not the draft order. Thank you for that.

PN14

MR KARLOVICH: Thank you.

PN15

THE COMMISSIONER: Well, in light of that, the application is granted and an order will issue, I would anticipate, early next week. Thank you, and the date of effect will be today's date. I take it today is the anniversary date of the last increase, or when was it last increased? Probably as it was a new award - it is just the question of the 12 months, that is all.

PN16

MR KARLOVICH: Yes.

PN17

THE COMMISSIONER: Subject to verification in relation to part B of the draft order. Anyway, the application will be granted and I will just check the fact that it is 12 months in relation to the safety net adjustments and review. Obviously there is no difficulty in relation to parental leave having an effective date of today, but in relation to the other I just need to ascertain that 12 months have elapsed. Do you want to go off the record for a moment?

PN18

MR KARLOVICH: Yes, I am just having a look.

PN19

MR T. O'LOUGHLIN: If we may, Commissioner, just off the record.

PN20

THE COMMISSIONER: Yes, sure.

OFF THE RECORD

PN21

THE COMMISSIONER: Mr Karlovich, I gather there is a further submission you wish to make just in relation to my comments about the date of effective concerning the living wage safety net adjustments date of effect.

PN22

MR KARLOVICH: Yes, sir. Look, just in relation to the decision, 8(c) of the decision actually does say:

PN23

In awards where the variation for a safety net adjustment arising from the April 1999, May 2000, May 2001 or May 2002 decisions is by consent and does not result in an increase in the wage rates actually paid to employees or increase the wage costs for any employer, any applicable 12 month delay between variations may be waived.

PN24

And we would seek that in this instance, sir.

PN25

THE COMMISSIONER: On the basis that the employees of the Authority are - - -

PN26

MR KARLOVICH: Currently under an enterprise bargaining agreement.

PN27

THE COMMISSIONER: Which provides wage rates in excess of what is in the award.

PN28

MR KARLOVICH: Yes, that is correct, sir.

PN29

THE COMMISSIONER: So adjusted by this application.

PN30

MR KARLOVICH: Correct.

PN31

THE COMMISSIONER: Thank you very much, Mr Karlovich.

PN32

MR KARLOVICH: You are welcome.

PN33

THE COMMISSIONER: The application is granted, and this matter is adjourned.

ADJOURNED INDEFINITELY [2.13pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #K1 DRAFT ORDER PN5