C2002/2991, Transcript of Proceedings [2002] AIRCTrans 3986 (8 October 2002)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N VT240

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER GAY

C2002/2991

APPLICATION TO VARY AN AWARD

Application pursuant to section 113 of
the Act by the Australian Services
Union to vary Clerks Oil Companies
Award 2001

MELBOURNE

3.23PM, WEDNESDAY, 19 JUNE 2002

PN1

THE COMMISSIONER: Yes, Mr Harvey, you appear for the ASU.

PN2

MR HARVEY: Yes, I do.

PN3

THE COMMISSIONER: Mr Harvey, I have received a communication from Mr Geaves of Caltex indicating that he is not able to be here but he wishes to consent to the application.

PN4

MR HARVEY: Yes, Commissioner, we do have that, or we have a copy of an e-mail by Mr Geaves of Caltex indicating that to us as well. Commissioner, can I just say for the record that this is an application by the Australian Services Union to vary the Clerks Oil Companies Award 1988 with regard to the safety net review wages decision of May 2002 and the application, Commissioner, is also expressed as an application to vary this award with regard to parental leave - using the test case decision of ..... 2001.

PN5

Commissioner, we have decided not to pursue that part of the application to vary with regard to parental leave but I am advised that we are going to do that as part of the award simplification processes which are occurring under a separate heading. I am not sure whether that will result in a faster variation but I suspect not at this point but in any case my instructions are that we are not to proceed.

PN6

THE COMMISSIONER: It will certainly be matured by the time - - -

PN7

MR HARVEY: Commissioner, I might hand up a bundle of documents in which establishes the facts in this matter. Commissioner, I don't know whether you want to mark this together. It really consists of two things - firstly it is correspondence to employees just notifying them of today's proceedings and then secondly there is a draft order at the rear of that bundle.

PN8

THE COMMISSIONER: Yes, I will mark the front pages as ASU1 and the draft order ASU2.

EXHIBIT #ASU1 BUNDLE OF DOCUMENTS WITH CORRESPONDENCE

EXHIBIT #ASU2 DRAFT ORDER

PN9

MR HARVEY: Yes, as I said, Commissioner, the bundle of documents which is ASU1 is just the correspondence. Because all the employers identified are parties and respondents to this award, and they have all been notified of this but as previously indicated only Caltex would actually be affected by the terms of this variation if granted by the Commission.

PN10

But for the record, Commissioner, there is all the documentation about service of this application to vary, notice of today's hearing and the draft order and all the companies respondent to the award. Secondly, Commissioner, the notice is a draft order to give effect to the safety net decision and it varies the, as you will see, Commissioner, various the rates of pay which are expressed as annual rates of pay. It contains the absorption clause and it also varies an allowance - there is only one there, Commissioner, the first aid allowance from $13.70 per week to $14.20 and that is to be varied in accordance with the decision of the Commission regarding that variation of ..... ..... allowances, and then secondly it indicates there, at the end of that draft order, Commissioner, that it would come into effect - in force from the beginning of the first pay period to commence on or after 2 July 2002 and apply to all the respondents and that excludes the BP Companies, Mobil and Shell companies, which means effectively it applies to Caltex.

PN11

The reason, Commissioner, as you would have noted, for the operative date of 2 July this year, is that it is 12 months from the date of the previous order of the Commission in that matter which was an order issued by Senior Deputy President Polites in July of last year, which indicated that that order would operate from 2 July 2001 so this order is appropriate to operate from 2 July 2002.

PN12

THE COMMISSIONER: That is a retrospective date, isn't it?

PN13

MR HARVEY: I said July.

PN14

THE COMMISSIONER: July. I am sorry. I was thinking June. Yes, Mr Harvey, you are right.

PN15

MR HARVEY: Yes. Unless the Commission has any questions, I have no further submissions.

PN16

THE COMMISSIONER: Yes, thanks, Mr Harvey. On the basis of the material before me I will vary the award consistent with ASU2. It gives effect to the safety net decision and for that reason I will vary the award with effect from the first pay period to commence on or after 2 July 2002 and the order will remain in force for a period of 12 months.

ADJOURNED INDEFINITELY [3.30pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ASU1 BUNDLE OF DOCUMENTS WITH CORRESPONDENCE PN9
EXHIBIT #ASU2 DRAFT ORDER PN9