C2001/6503, Transcript of Proceedings [2002] AIRCTrans 350 (7 February 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT02152

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C2001/6503

BUSINESS EQUIPMENT INDUSTRY
(COMMERCIAL TRAVELLERS) AWARD 2000

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

MELBOURNE

10.02 AM, WEDNESDAY, 23 JANUARY 2002

PN1

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

PN2

THE COMMISSIONER: Mr Roberts, the Commission has had no correspondence either by telephone or in writing from the respondent in this matter. Have you had any discussion with the organisation?

PN3

MR ROBERTS: I spoke to the Australian Industry Group last night in Sydney. They had a couple of queries regarding it. I answered those queries. They said they might be able to send someone from their Melbourne office today, but they weren't confident of that.

PN4

THE COMMISSIONER: Did they indicate to you there was any opposition?

PN5

MR ROBERTS: No. They said that they actually weren't a respondent to the award, sir. They didn't have a problem.

PN6

THE COMMISSIONER: Yes, Mr Roberts.

PN7

MR ROBERTS: Commissioner, this is an application by the National Union of Workers to vary the Business Equipment Industry (Commercial Travellers) Award in accordance with the Full Bench's Parental Leave for Casual Employees test case decision. If I could tender the draft order.

PN8

THE COMMISSIONER: Yes, thank you.

EXHIBIT #A1 DRAFT ORDER

PN9

MR ROBERTS: Commissioner, a copy of the application for variation, a notice of listing and a copy of the draft order have been served on the respondents and that affidavit of service has been filed with the Commission and it should appear on the Commission's file.

PN10

THE COMMISSIONER: Yes.

PN11

MR ROBERTS: The draft order is consistent with the Full Bench's decision in the Parental Leave for Casual Employees test case decision, PR904631, and is made in accordance with National Wage Case principles. Accordingly, the union requests that the application be granted on the terms sought. Unless the Commission has any further questions.

PN12

THE COMMISSIONER: No, thank you.

PN13

MR ROBERTS: If the Commission pleases.

PN14

THE COMMISSIONER: The Commission is of the view the application should be granted in the absence of any argument to the contrary from any persons respondent to the award apart from the applicant union. The documentation and affidavits required by the Act have been properly served and filed. Accordingly, the Business Equipment Industry (Commercial Travellers) Award 2000 is varied in the terms of the draft order to give effect to the Parental Leave for Casual Employees test case decision as reported in PR904631. The Commission is adjourned.

ADJOURNED INDEFINITELY [10.06am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 DRAFT ORDER PN9