C2002/2383, Transcript of Proceedings [2002] AIRCTrans 3398 (5 September 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT05477

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER CRIBB

C2002/2383

RUBBER, PLASTIC AND CABLE MAKING
INDUSTRY - RUBBER, PLASTIC, ADHESIVE
TAPE, ABRASIVE AND COATED MATERIALS
AWARD 2000

Application under section 113 of the Act by the
National Union of Workers to vary the above
award by deleting sub-clause 15.3 and inserting
a new sub-clause 15.3

MELBOURNE

11.16 AM, MONDAY, 19 AUGUST 2002

PN1

MR T. KENNEDY: I appear on behalf of the National Union of Workers.

PN2

THE COMMISSIONER: Thank you, Mr Kennedy.

PN3

MR KENNEDY: Commissioner, this is an application by the union to vary the Rubber, Plastic and Cable Making Industry - Rubber, Plastic, Adhesive Tape, Abrasive and Coated Materials Award 2000 for casuals and minimum daily hours for part-time workers. This application, just for your information, is in the same terms as the Industry General Award which was varied in May of this year which also followed on from the Metal Industry Award which was varied late last year. I have for the Commission an affidavit attesting to service of today's hearing and if I could hand that up now.

PN4

THE COMMISSIONER: Thank you. Do you want this marked as an exhibit, Mr Kennedy?

PN5

MR KENNEDY: Yes, it might help, Commissioner.

EXHIBIT #A1 BUNDLE OF DOCUMENTS ATTESTING TO THE NOTIFICATION BY THE UNION TO THE PARTIES OF THIS HEARING

PN6

MR KENNEDY: Thank you, Commissioner. As you have just stated this affidavit attests to serving upon all the employer respondents to the award, being Bierstoff(?), 3M Australia Pty Ltd, Tetra Pak, Norton Pty Limited, Avery Dennison and Carborundum Australia Pty Ltd of a notice of today's hearing and before that the union also filed an affidavit in the Commission attesting to the fact that all those employers on 14 June received a copy of the application which the union is seeking to have made to the award.

PN7

Commissioner, it is the union's view that the best way to deal with the application before you today is that even though both the Metal Award and the Rubber and Plastic and Cable Making General Award have been varied in exactly the same terms as today's application we believe accurately that the matter should be referred to the President under section 107 of the Act as this application fundamentally is still an application above the safety net and therefore it needs to be dealt with the principles accordingly.

PN8

We would seek that, similar to what has appeared to have occurred in the past, that the President may well refer it back to the Commission as it is constituted today and that once that notification has been made we would seek relisting of today's matter to settle the draft order which we would say would be in the same terms as the draft order for the general award in May of this year as both these awards are in exactly the same terms and this award that we are varying today is the sister award or the minor sister award to the key industry award. Subject to any questions you may have that would be our proposal today.

PN9

THE COMMISSIONER: Thank you, Mr Kennedy. On the basis of the submissions put before the Commission this morning I shall, pursuant to section 107, refer this matter to the President and in due course this matter will be relisted. The Commission stands adjourned.

ADJOURNED INDEFINITELY [11.21am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 BUNDLE OF DOCUMENTS ATTESTING TO THE NOTIFICATION BY THE UNION TO THE PARTIES OF THIS HEARING PN6