C2001/6475, Transcript of Proceedings [2002] AIRCTrans 316 (5 February 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT02190
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C2001/6475

OIL AGENTS/CONTRACTORS -
STOREWORKERS AWARD 1998

Application under section 113 of the Act
by the National Union of Workers to
vary the above award re the insertion
of the test case provision extending
parental leave to casual employees

MELBOURNE

10.00 AM, TUESDAY, 22 JANUARY, 2002

PN1

MR S. ROBERTS: I appear on behalf of the National Union of Workers.

PN2

THE COMMISSIONER: Yes, Mr Roberts. The Commission has received correspondence from the Australian Petroleum Agents and Distributors Association under the signature of Ms Margaret Taylor who is the manager of employee relations. It is addressed to the Commission as constituted and it says in respect to this matter:

PN3

Unfortunately, due to an urgent situation which has arisen, we are unable to be present at the Commission. We have read the documentation received from the National Union of Workers on the basis that what is sought is in accordance with the test case decision, print PR904631 to insert a provision extending parental leave to casual employees. On behalf of our members we would confirm having no objection to the intended application.

PN4

Then they apologise for non attendance. So you have got a free hit, Mr Roberts. Perhaps you should tell the Commission what you are seeking.

PN5

MR ROBERTS: Commissioner, this is an application on behalf of the NUW, National Union of Workers, to vary the Oil Agents/Contractors - Storeworkers Award 1998. I have handed up a draft order. A copy of the application for variation and a notice of listing and a copy of the draft order have been served on the respondent for this award and an affidavit of that service has been filed with the Commission. It should be on the Commission's files.

PN6

THE COMMISSIONER: Yes.

PN7

MR ROBERTS: The draft order is consistent with the Full Bench's decision in the parental leave for casual employees test case decision and is made in accordance with national wage case principles. Accordingly, the union seeks that the applications be granted and the draft orders sought.

PN8

THE COMMISSIONER: Yes. Thanks, Mr Roberts. The Commission is satisfied that the application lodged by the NUW in respect to the Oil Agents/Contractors - Storeworkers Award 1998 is in the terms of the parental leave for casual employees test case decision as contained in print PR904631. There being no objection from the parties respondent to the said award to the varying of the award in terms of the said test case, the Commission varies the said award from today's date. The Commission is adjourned. Thank you.

ADJOURNED INDEFINITELY [10.05am]