C2002/3449, Transcript of Proceedings [2002] AIRCTrans 3117 (14 August 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 60-70 Elizabeth St SYDNEY NSW 2000
DX1344 Sydney Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT MARSH

C2002/3449

CHEMICAL INDUSTRY (HUNTSMAN/MONSANTO/AWU)
AWARD 1998

Application under section 113 of the Act
by the Australian Workers Union to vary
re safety net review - wages May 2002

SYDNEY

12.26 PM, TUESDAY, 30 JULY 2002

PN1

MR C. PHILLIPS: I appear for the AWU.

PN2

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes, Mr Phillips?

PN3

MR PHILLIPS: Thank you, your Honour. I don't propose to go through submissions which I have made with respect to a conversation between myself and Mr Richard Musumeci of Huntsman. The AWU is seeking an application - or variation under section 113 of the Act to vary the Chemical Industry (Huntsman/Monsanto/AWU) Award 1998 to approve the award to take account of the May 2002 safety net review decision.

PN4

The variation seeks to increase wages as well as work-related allowances in respect to the leading hand position. The AWU has supplied both to the Commission and to the employer a copy of a draft order that is proposed as well as calculations which reflect the necessary principle of the decision to calculate those allowances, that being the Furnishing and Glass Industries Allowance decision, print M9675. The AWU is seeking under principle 8C that the 12 month waiver be taken into account with respect to this application and that the operative date of this order or sought order would be from 30 January 2003.

PN5

The AWU further gives commitments with respect to principle 8D of the safety net review decision of May 2002 and gives a commitment on the absorption. The AWU would finalise the submissions with that, your Honour, if it please.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. This is an application pursuant to 113 of the Workplace Relations Act by the AWU to vary the Chemical Industry (Huntsman/Monsanto/AWU) Award 1998 to give effect to the rates of pay provided for in the safety net wages review May 2002 and also to vary the award with respect to varying work-related allowances. I am satisfied on the basis of the submissions made and the terms of the draft order that the requirements of the relevant wage-fixing principles have been met, particularly with respect to principle 5, adjustment of allowances and service increments and principle 8, arbitrated safety net adjustments.

PN7

In particular I am satisfied that the AWU has given the requisite requirement with regard to absorption and subject to consent by the employer that the requirements of 8C have been met which allows for the waiver of the 12 months period between safety net adjustments. Subject to receiving proof of service from the AWU and giving the respondent employees seven days to peruse the draft order and to provide written consent to its terms, the application will be granted. It will come into effect from the first pay period to commence on or after 30 January 2003. That will be an amendment to the draft order, and it will have a life of six months. The Commission stands adjourned.

ADJOURNED INDEFINITELY [12.30pm]