C2002/3480, Transcript of Proceedings [2002] AIRCTrans 3134 (14 August 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT MARSH

C2002/3480
C2002/3479
C2002/3481

AUSTRALIAN WORKERS UNION - DOW
CHEMICAL (AUSTRALIA) AWARD 2000

Applications under section 113 of the Act
by the Australian Workers Union to vary
re safety net review - wages May 2000, 2001
and 2002

SYDNEY

12.08 PM, TUESDAY, 30 JULY 2002

PN1

MR C. PHILLIPS: I appear for the AWU.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Phillips. Yes, I note there is no appearance entered by the respondent employer. Have you got proof of service, Mr Phillips?

PN3

MR PHILLIPS: I do, your Honour, but unfortunately I haven't sent that through to the Commission which I can forward through by close of business tomorrow. Unfortunately I have to be on an aircraft straight after this hearing.

PN4

THE SENIOR DEPUTY PRESIDENT: All right. Well, if you could do that, that would be - that is necessary to be put on the file. Thank you. Yes, well, proceed, thank you.

PN5

MR PHILLIPS: I apologise for that. I have spoken to an officer of the company, I spoke to a Mr Peter Kym and also another officer who had promised to send through some correspondence. I waited for as long as I could in my office until I had to get to the hearing on time. As soon as I receive that correspondence I will forward that on to the Commission as well. After a discussion with the company officer they have received the material. They have also an in-principle agreement as to the variations. Further, the company, after seven days of checking the variations would have no objection to the AWU seeking the variations and also seeking that the variations apply from today's date.

PN6

Of course, in my submission we would be seeking under principle 8C that the 12 month waiver for the 12 month's separation between the applications is taken into account by the Commission. The AWU has a number of generational agreements that apply to Dow Chemical. Our members are on far superior wages than what is currently outlined in the award.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes.

PN8

MR PHILLIPS: Your Honour, if it please, the AWU is making an application under section 113 of the Act to vary the said award, the Australian Workers Union - Dow Chemical (Australia) Award 2000. The variations are for the safety net review decision of 2000, 2001 and 2002. The draft order has been submitted to the employer, a copy was also sent through to the Commission and also recently an electronic copy of the variations was sent through to the Commission for the Commission's benefit. The AWU - - -

PN9

THE SENIOR DEPUTY PRESIDENT: I think I should mark those exhibits. They will be marked as exhibit P1 on each of the files. Thank you - the draft order.

EXHIBIT #P1 DRAFT ORDER

PN10

THE SENIOR DEPUTY PRESIDENT: Yes, thank you.

PN11

MR PHILLIPS: Further to that the AWU submits that it would agree to principle 8D of the various decisions in prints 2002, 2001 and 2000 pertaining to the absorption commitments from the AWU with respect to the award. Further the AWU is seeking that principle 8C be applied from the decision under safety net review. We say clearly that our members would not receive any practical wage increases as a result of these variations and that our members are paid superior to the award in all facets. In saying that the AWU would be seeking that the variations would be operational from today's date, being 30 July 2002.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes.

PN13

MR PHILLIPS: We would submit though that a period of seven days be provided for the company to be able to review the draft orders to ensure that there are no calculational errors or issues that they may have with respect to the calculations.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes, thank you.

PN15

MR PHILLIPS: Thank you, your Honour, that is all I put on the record at the moment.

PN16

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Phillips. Well, subject to two issues I am prepared to grant each of the applications made to vary the AWU - Dow Chemical (Australia) Award 2000. Those two conditions are one, that I receive proof of service before the order is issued; and secondly, that seven days is given to the respondent employer to consent in writing to the applications. If there are any difficulties arising from the employer's position then the matter may be relisted but on the basis of the submissions put in today's proceedings I am satisfied that the applications meet the proper application of the arbitrated safety net adjustment wage principles set out in the May 2002 Full Bench safety net review decision.

PN17

In particular I am satisfied that the union has given the requisite commitment with respect to principle 8D and that on the basis of the submissions put it is appropriate that the time frame in awarding the 2001 and 2002 safety net adjustments for 12 months each be wavered consistent with the requirements of principle 8C being met. The operative date of the order will be today's date, 30 June 2002, and the order will have a life of six months. Mr Phillips, have you objection to a composite order being issued?

PN18

MR PHILLIPS: In what respect do you mean a composite order, your Honour?

PN19

THE SENIOR DEPUTY PRESIDENT: Well, one order - one order to reflect the three safety nets?

PN20

MR PHILLIPS: No, your Honour, I have no objection to that being put.

PN21

THE SENIOR DEPUTY PRESIDENT: Yes, all right. Well, on that basis, subject to hearing from the employer and receiving your - you faxing us through the proof of service, the application is granted. Thank you very much. The Commission is adjourned to 12.15.

ADJOURNED INDEFINITELY [12.14pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #P1 DRAFT ORDER PN10