C2001/5151, Transcript of Proceedings [2002] AIRCTrans 3592 (18 September 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

C2001/5151

AWU LAUNDRY INDUSTRY (A.C.T.) AWARD 1998

Application under section 113 of the Act
by the Australian Workers' Union to vary
the above award re casual employees

SYDNEY

10.08 AM, THURSDAY, 29 AUGUST 2002

Continued from 8.11.01

PN29

THE VICE PRESIDENT: Could I have the appearances please.

PN30

MR G.R. BEARD: If it please your Honour I appear on behalf of the Australian Workers Union. I understand Mrs Pierce appeared on behalf of the union when that matter might have been last before you.

PN31

MS M. McDONNELL: If the Commission pleases I appear for the Australian Business Industrial and I appear on behalf of respondent member, Spotless Services Limited.

PN32

MR BEARD: You will recall that this application I believe was filed back on 25 September 2001 and since that time there have been various discussions and exchanges of documents between the parties. I believe we have in fact come a fair distance from the time of the application when it was essentially an ambit claim and it was a matter of trying to work through the issues in regard to establishing a proper casual type of a clause for this award.

PN33

There is still quite a major sticking point in that whilst we have reached agreement in regard to the new rate for the casual loading going to 25 per cent and a phasing in period in regard to those increases, the major obstacle at this stage is in regard to the point that the company is looking for the election by the casual to become some form of full time employee to be an agreed position with the employer which the union believes has the capacity to limit the nature of casuals being able to opt into the full time situation as the company would have the power of veto straight away.

PN34

Both parties have prepared draft orders to set out their positions, your Honour. I think it may be of a great assistance to the parties if we are able to go into conference chaired by yourself. We might be able to get a bit closer.

PN35

THE VICE PRESIDENT: All right, sure, Ms McDonnell any objection to that course?

PN36

MS McDONNELL: There is no objection to going into conference.

PN37

THE VICE PRESIDENT: Anything you want to put on the record before we go in?

PN38

MS McDONNELL: Yes, thank you, your Honour. Just to indicate for the record that in discussions that I've had with the union the position was that we would agree to the increase in the percentage and the phasing in if we were able to actually have inserted the election to go full time or part time with the consent of the employer. We don't believe that that's an unreasonable trade off in terms of the increase of the percentage. To assist the Commission I've drafted a draft order prepared by Australian Business Industrial which I have forwarded to the other parties and I will just hand up if I could now.

PN39

THE VICE PRESIDENT: Certainly.

PN40

MR BEARD: I might take the opportunity then to also, your Honour, of handing up the AWU document.

PN41

THE VICE PRESIDENT: I will mark the AWU draft order as exhibit AWU3.

EXHIBIT #AWU3 AWU DRAFT ORDER

PN42

THE VICE PRESIDENT: Yours, Ms McDonnell, as exhibit AB1.

EXHIBIT #AB1 DRAFT ORDER PREPARED BY AUSTRALIAN BUSINESS INDUSTRIAL

PN43

THE VICE PRESIDENT: Nothing further, we might adjourn into conference.

PN44

MR BEARD: Just having a look at previous transcript. I understand that there were in fact two previous exhibits. There was AWU1 which was a statement of service and there was AWU2 which was a proposed draft order. So it may be appropriate for this new draft to be labelled AWU3.

PN45

THE VICE PRESIDENT: Certainly, thank you for that, Mr Beard.

PN46

THE VICE PRESIDENT: Nothing further?

PN47

MR BEARD: That's all.

NO FURTHER PROCEEDINGS RECORDED

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AWU3 AWU DRAFT ORDER PN42
EXHIBIT #AB1 DRAFT ORDER PREPARED BY AUSTRALIAN BUSINESS INDUSTRIAL PN43