C0094/298, Transcript of Proceedings [2002] AIRCTrans 2825 (24 July 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT04853

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMILTON

C No 00942 of 1998

PIPELINE AUTHORITY TECHNICAL/DRAFTING
STAFF (SALARIES AND CONDITIONS OF
EMPLOYMENT) AWARD 1978

Review under Item 51, Schedule 5, Transitional
WROLA Act 1996 re conditions of employment

MELBOURNE

10.20 AM, TUESDAY, 9 JULY 2002

PN1

MR G. WHITEHEAD: I appear for the Australian Manufacturing Workers Union.

PN2

MR W. TREGLOWN: I appear on behalf of the successors to East Australian Pipeline Limited and AGL.

PN3

THE DEPUTY PRESIDENT: Right. Well this matter has had a fairly long and chequered history. It commenced - when in 1998 or October 1998 before Commissioner Jones. I think the last hearing was - well, was that the last hearing of the matter?

PN4

MR TREGLOWN: Yes.

PN5

MR WHITEHEAD: I think it might have been, your Honour.

PN6

THE DEPUTY PRESIDENT: Yes. Well, we have a job to do under item 51 of schedule 5 of the Workplace Relations and Other Legislation Act 1996 so what I have done is I have obtained from the Australian Industry Registry a draft of - draft version of a simplified award with the various tests that item 51 applied to it. I emphasise that this draft is the Australian Industry Registry's draft only. I haven't approved it in sense and it has no status even prima facie as a view that I take of what the award should look like.

PN7

However I have had this done in order to assist the process and assist the parties to do what has to be done under item 51. Perhaps I can now provide a copy to the parties appearing. Now, in summary, that is a draft which has addressed a few issues; issues of so called allowability. The so called test case provisions have been revised and/or updated. The arrangement clause has been adjusted, formatting has been changed in accordance with the so called model formatting approved in the award simplification decision.

PN8

Roping-in awards have been addressed. I am not sure there actually were any roping-in awards but nevertheless that has been looked at. So what I would ask the parties to do is this: examine this draft say within six weeks and provide me with a view as to whether, either jointly or separately, the draft is an appropriate application of the tests that we have to apply under item 51 of schedule 5. Now, to start that process off perhaps we can - or it would be appropriate to adjourn into conference to have a talk about it or perhaps you would like to start Mr Whitehead.

PN9

MR WHITEHEAD: Thank you, your Honour. I am actually surprised that - and pleased that the Commission has actually produced this draft. It will help the parties but it also answers some questions that I was going to put to the Commission and I was actually going to suggest that it might be appropriate if we did go into conference to discuss how you wish the matter to be processed from here. For example, I think the last variation in regard to wages for this award was back in 1990.

PN10

THE DEPUTY PRESIDENT: Right.

PN11

MR WHITEHEAD: And so there would need to be safety net - and I notice the rates that in here are those old rates; the 1990 rates.

PN12

THE DEPUTY PRESIDENT: Yes.

PN13

MR WHITEHEAD: So it would need to be safety net adjusted.

PN14

THE DEPUTY PRESIDENT: I understand.

PN15

MR WHITEHEAD: And other things done to the - I would imagine the existing award before we actually entertain matching the award to the current ownership situation - the current employer situation so in other words I think there would be things that we need to discuss in conference about how you wish - or how the Commission wishes to process this matter through to finality. This draft certainly will help very much but

PN16

THE DEPUTY PRESIDENT: There are other issues.

PN17

MR WHITEHEAD: - - - could I just indicate that the AMWU has started work - I have just recently picked up this matter but I have started - I have looked at the rates, they need to be - they are actual rates, they need to be converted to minimal rates, there is that step, there are test case standards as you rightly pointed out earlier on that need to be brought in at an appropriate time. There needs to be the preservation of the paid rates that are in the current award. There would need to be a point in time where that is done so there is machinery sort of matters or matters which only you can suggest, I think, to the parties as to how you wish the matter to be processed so I would certainly support going into conference to discuss those matters. If the Commission pleases.

PN18

THE DEPUTY PRESIDENT: Thank you very much, Mr Whitehead. Mr Treglown.

PN19

MR TREGLOWN: Yes, your Honour - - -

PN20

THE DEPUTY PRESIDENT: Shall we adjourn into conference?

PN21

MR TREGLOWN: Yes, I think that would be the most appropriate step to take at this stage. I don't think there is anything I wish to add to the transcript.

PN22

THE DEPUTY PRESIDENT: Thank you very much, Mr Treglown. All right, on that basis, we will now adjourn into conference.

SHORT ADJOURNMENT [10.25am]

RESUMED [10.47am]

PN23

THE DEPUTY PRESIDENT: These proceedings are now resumed. The parties have discussed this matter in conference and it appears that we are agreed on the following procedure: first of all the parties are to discuss the draft produced by the Australian Industrial Registry and will report back to the Commission in six weeks at 10.15 on 13 August 2002. The report back, initially in conference, shall address the following things: first of all the parties' views on the Australian Industry Registry draft in terms of what it contains. Secondly, any proposed additions to that draft in terms of any additional so called test case provisions and the like.

PN24

Thirdly, the issue of wage rates which require - which have not been adjusted since 1992 for so called National Wage Case or safety net decisions and also which need to be adjusted having regard to the paid rates conversion principles. Fourthly, the Commission will examine the issue of the dispute finding or findings underlying the award. Fifthly, the employer will advise as to the appropriate employer respondency to the award. Sixthly, the parties are to discuss the issue of redundancy provisions which should be included in the award.

PN25

Now, the - at all times the item 51 tests should be applied as interpreted in, for example, the award simplification decision and the award simplification principles contained in that decision which deal with, for example, matters such as changes to levels of entitlements and the role of such changes within the award simplification process. All right, I think that is, in summary, our task as we have agreed. I will hear back from the parties on those issues in six weeks time. Is there anything else the parties wish to add?

PN26

MR WHITEHEAD: No, your Honour, I think that is an excellent summary of what lies before us and we will get to work on it. If the Commission pleases.

PN27

THE DEPUTY PRESIDENT: Thank you very much, Mr Whitehead.

PN28

MR TREGLOWN: I have nothing further to add, your Honour.

PN29

THE DEPUTY PRESIDENT: Thank you very much, Mr Treglown. It would be a good idea if the parties could provide some documentation before the hearing; say a week before to enable me to read it and the other side to read it so a week before 13 August, these tasks will be provided in some form in writing, if time permits. All right, I think we have done all we can today and on that basis I think we will adjourn until 13 August.

ADJOURNED UNTIL TUESDAY, 13 AUGUST 2002 [10.52am]