C2002/3377, Transcript of Proceedings [2002] AIRCTrans 3213 (21 August 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT HARRISON

C2002/3377

SALARIED, PROFESSIONAL AND TECHNICAL (TRANSADELAIDE) AWARD 2001

Application under section 113 of the Act
by the Australian Municipal, Administrative,
Clerical and Services Union to vary the above
award re safety net review - wages decision May 2002

ADELAIDE

12.55 PM, TUESDAY, 6 AUGUST 2002

PN1

THE SENIOR DEPUTY PRESIDENT: Could I have appearances in this matter?

PN2

MS F. DONAGHY: If it please the Commission, I am appearing on behalf of the Australian Services Union and with me is MS A. MARTINI.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Donaghy.

PN4

MR R.V. HANCOX: If the Commission pleases, I am appearing on behalf of the Rail, Tram and Bus Union.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Hancox.

PN6

MR P. WELSBY: If it pleases the Commission, I appear for TransAdelaide.

PN7

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Welsby.

PN8

MS R. MARSH: If it please the Commission, I actually appear for the Association of Professional Engineers and Scientist.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Marsh. Now, is that all the parties to this award? Yes, the heads, yes, good. All right. Ms Donaghy, this is your application.

PN10

MS DONAGHY: Senior Deputy President, this application to vary the Salaried, Professional and Technical (TransAdelaide) Award 2001, with the Commission's leave I would ask if we could amend our application. We would like to delete the section referring to the intention to include in the award provisions for parental leave for casuals.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, all right.

PN12

MS DONAGHY: Since the application was lodged by the unions national office, the union had discussions with TransAdelaide and an agreement has been reached that parental leave application to casual employees decision of May 31st really has no relevance to this award because there is no casual class of employee provided for under the award, well, consequently TransAdelaide have not casual employees. Should that situation change in the future, we have just put on the record that the union will seek at that time to have the award varied to provide the casuals to have access to parental leave.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes, that meets with your understanding Mr Welsby?

PN14

MR WELSBY: It does.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes, do either of the unions party to the agreement have any difficulty with that being put on the back burner. Yes, Ms Donaghy?

PN16

MS DONAGHY: So what we are seeking today is to have the salaries increase consistent with the Safety Net Review - Wages Decision of May 2002 print PR002002 and to increase allowances consistent with the Furnishing and Glass Industries Allowances Decision and the Statement of Principles. I have a copy of the draft order here if I could submit that at this stage, Senior Deputy President.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes.

EXHIBIT #ASU1 DRAFT ORDER

PN18

MS DONAGHY: The key classification level for this award is Salaried Employee Level 2 and the applicable increase of $18 a week equating to $939 per annum has been applied to all of the rates. The terms of the work related allowances they have all been increased using the equation in the Furnishing and Glass decision and that has resulted in an increase of some 3.55 per cent using that equation. We have also - we are also applying to have the meal allowance varied and the travelling expenses varied. Now, they have been varied in accordance the CPI.

PN19

The meal allowance is varied taking into account the meals out and take away food index CPI for the year, that resulted in a 3.7 per cent increase, and the travelling expenses has been increased in line with the CPI all groups index which is a 2.94 per cent increase on the existing award allowance. Senior Deputy President, we would ask that the variations take effect from today which is - I beg your pardon. Take it back from 8 August 2002 which is 12 months since the award was varied to take account of the 2001 safety net adjustment. If the Commission pleases.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes, does it matter if it is a calender day or it is a pay period commencing on or after?

PN21

MS DONAGHY: It is normally, as I understand it, the first pay period commencing on or after.

PN22

THE SENIOR DEPUTY PRESIDENT: All right. Is that what you seek here in your draft order? Yes, it is. Thank you. Now, I was just looking at the existing structure. I take it the calculations have accommodated the consequential changes to the residuals, that has all been done?

PN23

MS DONAGHY: Yes, Senior Deputy President.

PN24

THE SENIOR DEPUTY PRESIDENT: Yes, I understand, and the relativities haven't - - -

PN25

MS DONAGHY: Altered.

PN26

THE SENIOR DEPUTY PRESIDENT: No, so it is exactly the same, I don't need to check all of that?

PN27

MS DONAGHY: They have been checked and they have been agreed by the other unions and TransAdelaide.

PN28

THE SENIOR DEPUTY PRESIDENT: Yes, yes, good. Thank you. Mr Hancox?

PN29

MR HANCOX: I would just like to say that the RTBU supports the application by the ASU and gives the usual commitment on absorption.

PN30

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Welsby?

PN31

MR WELSBY: TransAdelaide would just like to confirm that it has been duly served with the draft order by the ASU and has had discussions with the ASU and also the opportunity to consider the salaries and allowances contained within the draft order. TransAdelaide has found the rates and allowances to be adjusted consistent with the Safety Net Review Wages Decision of May 2002 and accordingly the application before the Commission today does not offend the principles of that decision in our opinion. Accordingly TransAdelaide supports the application with effect from the first full pay period commencing on or after 8 August.

PN32

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Ms Marsh?

PN33

MS MARSH: APESMA is also in the position that it supports the application by the ASU and gives the usual commitments to the requirements of the application.

PN34

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. I propose to make the variations to the award as sought in the draft order tendered to me and marked exhibit ASU1. Those variations will come into effect from the first pay period commencing on or after 8 August 2002 and the variation shall remain in force for a period of 6 months. We will prepare a draft order in those terms, have it signed and sealed and a copy provided to each of the parties. I assume there is nothing further we need to do in this matter?

PN35

MS DONAGHY: No, Senior Deputy President.

PN36

THE SENIOR DEPUTY PRESIDENT: Commission now adjourns.

ADJOURNED INDEFINITELY [1.00pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ASU1 DRAFT ORDER PN18