C2002/4459, Transcript of Proceedings [2002] AIRCTrans 3870 (1 October 2002)

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TRANSCRIPT OF PROCEEDINGS


AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

C2002/4459

GROCERY PRODUCTS MANUFACTURE -
MANUFACTURING GROCERS AWARD 1996

Application under section 113 of the Act by
the National Union of Workers to vary the
above award re increasing minimum payment
under Supported Wage System and variation in
accordance with the Working Hours case [PR72002]

MELBOURNE

3.05 PM, MONDAY, 16 SEPTEMBER 2002

PN1

MS S. ALLISON: I appear on behalf of the National Union of Workers.

PN2

MS K. IRWIN: I appear for the Australian Industry Group.

PN3

MR P. EBERHARD: I appear for the Victorian Employers Chamber of Commerce and Industry.

PN4

THE VICE PRESIDENT: Yes, Ms Allison?

PN5

MS ALLISON: Your Honour, the union seeks a variation of the Grocery Products Manufacture - Manufacturing Grocers Award 1996 pursuant to section 113 of the Workplace Relations Act and in accordance with the Supported Wage System test case decision of 30 May 2002 and the Working Hours case of 23 July 2002. The union has prepared draft orders to this effect which I would seek to tender, your Honour.

PN6

THE VICE PRESIDENT: Thanks, okay.

PN7

MS ALLISON: Your Honour, a copy of the application for variation, a notice of listing and the order for substituted service was served on the employer organisations specified in the order for substituted service. An affidavit of service attesting to this was sworn by Mr Greg Sword the general secretary of the National Union of Workers. Does your Honour have a copy of that affidavit?

PN8

THE VICE PRESIDENT: Just a moment. Yes, I do, thank you.

PN9

MS ALLISON: Your Honour, if I could just take you to the draft order. Provisions 1 and 2 in the draft order seek to increase the supported wage to $56 in accordance with the Supported Wage test case. Provision 3 seeks to insert the test standard formulated in the Working Hours case. The draft order proposes the heading, "Reasonable overtime." This heading reflects that the provision of the test clause includes reference to, both the requirement to work reasonable overtime, and the right of employees to refuse unreasonable overtime.

PN10

The union seeks the order would come into force from the first full pay period to commence on or after today's date. Accordingly, the union request that the order be made giving effect to the draft order as provided. Your Honour those are the union's submissions unless you have any questions.

PN11

THE VICE PRESIDENT: That is fine, thank you, Ms Allison.

PN12

MS ALLISON: Thank you.

PN13

THE VICE PRESIDENT: Ms Irwin?

PN14

MS IRWIN: If the Commission pleases, the Australian Industry Group does not oppose the making of the order in the terms sought.

PN15

THE VICE PRESIDENT: Thank you. Mr Eberhard?

PN16

MR EBERHARD: We would adopt the submissions of the AIG in this matter, your Honour.

PN17

THE VICE PRESIDENT: Okay, thanks. I have received correspondence from Business SA indicating, in essence, that they consent to the variations and would support an operative date no earlier than today's date. I am satisfied the application and the draft order provided are consistent with the relevant test case provisions and with the wage fixing principles. And I will grant the application in the terms sought. The order will come into force from the first pay period to commence on or after today's date. Nothing further. Thank you, I will adjourn.

ADJOURNED INDEFINITELY [3.09pm]