C2002/2837, Transcript of Proceedings [2002] AIRCTrans 2874 (26 July 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER JONES

C2002/2837

METRO TASMANIA AWARD 1993

Application under section 113 of the Act
by Australian Rail, Tram and Bus Industry
Union to vary the above award re safety
net review - wages May 2002

SYDNEY

11.34 AM, FRIDAY, 12 JULY 2002

Adjourned sine die

PN1

THE COMMISSIONER: May I have the appearances, please?

PN2

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

PN3

THE COMMISSIONER: Thank you. Mr Thomas, you are aware of the correspondence from Metro apologising they will not be here today?

PN4

MR THOMAS: I am, Commissioner.

PN5

THE COMMISSIONER: You may not be aware that there is correspondence from the AMWU.

PN6

MR THOMAS: I found that out just prior to the hearing, but I discussed the matter with Mr Kentish from the AMWU yesterday and he was in two minds at that stage as to whether he would be in attendance or forward the correspondence to which you refer.

PN7

THE COMMISSIONER: The correspondence, of course, is indicating they won't be here, but I think there is a matter in there which is of importance, being the draft order and that is the award simplification by Deputy President Leary which was 16 February 2002. So any draft order should reflect any of the simplification. I understand you haven't got a draft order prepared for today?

PN8

MR THOMAS: Yes, Commissioner, that's correct. What had occurred and you will note from the letter from Metro Tasmania that they advise that the draft order had been checked and Metro Tasmania had no objection to it being passed on and that's very true, Commissioner. What I did, Commissioner, was I took the last safety net adjustment order and made the appropriate modifications to it to update for the 2002 decision.

PN9

However, in the intervening time, Deputy President Leary in November of this year simplified the Metro Tasmania Award and that in turn altered the formatted structure of the award so that the draft order that I put together and forwarded to Metro Tasmania whilst correct in the amounts in it, does not reflect the structure of the simplified award.

PN10

So what I was going to seek, Commissioner, this morning is that you grant the application subject to the finalisation of the appropriate order. We have, I guess, some luxury because the operative date we seek is not till the first pay period on or after 17 August so we have some time. That would allow me to make or redraft and I have substantially done so, Commissioner, redraft the order in the format that reflects the existing simplified award whilst, of course, retaining the quantum of the increases to the $18.

PN11

THE COMMISSIONER: Yes. In view of what you've put, Mr Thomas, I'll grant your application on the basis that it will be subject to the new draft order or the submitted draft order rather, reflecting the award simplification design, if you like, format. Now, when would you see that being able to be done?

PN12

MR THOMAS: You can have the draft order certainly early next week, by close of business Tuesday.

PN13

THE COMMISSIONER: If we've got it by the 19th, that will be all right.

PN14

MR THOMAS: You will have it before then, Commissioner. I might add that I had spoken to Ms Foster who was representing Metro Tasmania in the absence of Mr Jago who was apparently on leave and advised her yesterday of the hiccup in the structure and format of the draft order and that I would forward to them any revised draft prior to talking to yourself.

PN15

THE COMMISSIONER: In view of that process, you may have it to me by the 19th, but I would like advice from both parties by 26 July that they're in agreement.

PN16

MR THOMAS: You will certainly have it, hopefully, Commissioner, well before 26 July.

PN17

THE COMMISSIONER: Right. In view of that then, the Commission will adjourn on this. I don't think there's any need for a further hearing unless there's further complications arising. Subject to the parties advising the Commission an agreement of this process by 26 July, then the Commission will issue an order to reflect the changes and the parties will receive that in due course. Transcript for this is to be made available this time in view of the complications that are there. Mr Thomas, thank you very much.

PN18

MR THOMAS: Thank you, Commissioner.

PN19

THE COMMISSIONER: This Commission stands adjourned.

ADJOURNED INDEFINITELY [11.40am]