C2002/2982, Transcript of Proceedings [2002] AIRCTrans 3034 (8 August 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT05058

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C2002/2982

REGIONAL WATER AUTHORITIES
AWARD 1999

Application under section 113 of the Act
by the Australian Municipal, Administrative,
Clerical and Services Union to vary the above
award re $18 per week wages increase,
consistent with the Safety Net Review Wages
decision of May 2002 (PR002002) and to increase
allowances consistent with the Furnishing and
Glass Industries Allowances decision (PM9675)
and to include in the award provision for
parental leave for casuals

MELBOURNE

9.05 AM, WEDNESDAY, 24 JULY 2002

PN1

MR HENDERSON: I appear for the Australian Services Union.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Henderson. Do we know why there is no appearance for the employer?

PN3

MR HENDERSON: No, your Honour, other than for Mr Wilson, who contacted me and I think he has forwarded something to your Honour's office indicating that he is in agreement. I note he doesn't bother to say that he wasn't going to turn up. Your Honour, all of the parties have been notified about this hearing twice. Firstly, by fax on 21 June when they were forwarded the copy of our application to vary the award and subsequently on 4 July, when a copy of the proposed draft order and a further notice of the date of the hearing was circulated to Barwon Regional Water Authority, Central Gippsland Region, Central Highlands Region Water Authority and the APESMA.

PN4

THE SENIOR DEPUTY PRESIDENT: Are they the only respondents?

PN5

MR HENDERSON: As far as I know your Honour.

PN6

THE SENIOR DEPUTY PRESIDENT: I am just having a look at the award. Barwon Regional Water Authority, Central Gippsland Region Water Authority and Central Highlands Regional Water Authority.

PN7

MR HENDERSON: Yes, that is correct.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes, and those three entities were notified by your organisation?

PN9

MR HENDERSON: Yes, your Honour, and I have a copy of the transmission sheet here for your Honour.

PN10

THE SENIOR DEPUTY PRESIDENT: I think given the lack of appearance it might be advisable to mark those as exhibits.

EXHIBIT #ASU1 DOCUMENT IN RELATION TO NOTIFICATION OF THE DATE AND TIME AND PLACE OF HEARING

PN11

MR HENDERSON: Yes, thank you, your Honour. Does your Honour also wish to mark the notification, or the forwarding of the copy of the actual application, or is that - - -

PN12

THE SENIOR DEPUTY PRESIDENT: I don't think that is necessary. The notification of the hearing contained within it the draft order. I think that is sufficient.

PN13

THE SENIOR DEPUTY PRESIDENT: Thank you, your Honour. Your Honour, the application is for, is to flow into this award the Safety Net Adjustment from the 2002 National Wage Case and also to include the outcome of the casuals parental leave test case. I will hand up a draft order to the Commission.

EXHIBIT #ASU2 FACSIMILE TRANSMISSION FROM BARWON WATER INDICATING CONSENT TO THE APPLICATION

PN14

MR HENDERSON: Yes, thank you, your Honour.

EXHIBIT #ASU3 DRAFT ORDER

PN15

MR HENDERSON: In relation to the Safety Net Adjustment the wages and salaries have been increased as indicated on the calculation sheet by $18 per week or $939 per annum.

PN16

THE SENIOR DEPUTY PRESIDENT: And that takes us through to Band 5 without any residual component. That - - -

PN17

MR HENDERSON: That is correct.

PN18

THE SENIOR DEPUTY PRESIDENT: - - - has been absorbed now has it?

PN19

MR HENDERSON: That is correct. There is only the senior officers.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes.

PN21

MR HENDERSON: In relation to the allowances, it is indicated on the calculation sheet, the key classification is Band 4A which delivers an increase of 3.4 per cent based on the Full Bench decision in the Glass Industry and it is indicated there which items have been increased by the Glass Industry formula. The tool allowance has been increased by the CPI, the clothing allowance has been increased by the clothing component of the CPI and the meals allowance has been increased by the meals out and takeaway foods component of the CPI.

PN22

The clause relating to absorption has been included and the union gives the undertaking required by the - or the commitment required by principle A of the principles. In as far as the test case provisions are concerned the application seeks to vary the award along the lines set out in the test case order by including the new preamble to the Parental Leave Clause in the award.

PN23

THE SENIOR DEPUTY PRESIDENT: Yes, and the casuals clause.

PN24

MR HENDERSON: Yes, your Honour.

PN25

THE SENIOR DEPUTY PRESIDENT: Yes.

PN26

MR HENDERSON: In relation to the letter from Mr Wilson, I note that while he refers to both the casuals provision and the Safety Net Adjustment, he only agrees with the figures but I might venture to suggest that the absence of any other comment in relation to casuals indicates consent.

PN27

THE SENIOR DEPUTY PRESIDENT: Yes.

PN28

MR HENDERSON: So on that basis, your Honour, we would request that the award be varied in line with the draft order as submitted operative from the first pay period commencing on or after today's date. If the Commission pleases.

PN29

THE SENIOR DEPUTY PRESIDENT: Yes. Well, in light of the fact that nobody is here to oppose it, it appears that the variation conforms with the Safety Net Adjustment and the Parental Leave Casuals test case. Accordingly, I am prepared to make the order. It will operate on and after the first pay period from today's date.

ADJOURNED INDEFINITELY [9.12am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ASU1 DOCUMENT IN RELATION TO NOTIFICATION OF THE DATE AND TIME AND PLACE OF HEARING PN11
EXHIBIT #ASU2 FACSIMILE TRANSMISSION FROM BARWON WATER INDICATING CONSENT TO THE APPLICATION PN14
EXHIBIT #ASU3 DRAFT ORDER PN15