C2002/4603, Transcript of Proceedings [2002] AIRCTrans 4031 (10 October 2002)

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TRANSCRIPT OF PROCEEDINGS


AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C2002/4603

LABORATORY EMPLOYEES' (OIL COMPANIES)
AWARD 2001

Application under section 113 of the Act
by the Automotive, Food, Metals,
Engineering, Printing and Kindred
Industries Union - Victorian Branch to
vary the above award to reflect Safety
Net Review - Wages May 2002 and
Working Hours Case

MELBOURNE

10.03 AM, THURSDAY, 26 SEPTEMBER 2002

PN1

MR M. NICOLAIDES: I appear for the Automotive Food, Metals, Engineering, Printing and Kindred Industries Union.

PN2

THE COMMISSIONER: Yes, thank you. Yes.

PN3

MR NICOLAIDES: Commissioner, this is an application to have reflected in the award the safety net adjustment arising from the May 2002 decision and also the outcomes of the Working Hours Case, a decision in which was given in July 2002. The safety net adjustment to the weekly rates and allowances have been made consistent with the method used to effect similar adjustments in recent years. The parties to the award were notified of this hearing by facsimile sent at about 8.30 on Monday morning and later that day by registered post, and I will hand up copies of the - - -

PN4

THE COMMISSIONER: Yes.

PN5

MR NICOLAIDES: - - - facsimile sheets and the registered mail receipts.

PN6

THE COMMISSIONER: Thank you.

PN7

MR NICOLAIDES: I should say, Commissioner, that I have heard from neither company, but - - -

PN8

THE COMMISSIONER: Just hang on a second.

PN9

MR NICOLAIDES: Sorry.

EXHIBIT #A1 RECORD OF POSTING AND REGISTERED MAIL

EXHIBIT #A2 NOTICE OF LISTING

PN10

THE COMMISSIONER: Yes, Mr Nicolaides.

PN11

MR NICOLAIDES: Sorry, Commissioner. As I was saying, I have heard from neither company but past experience indicated that they commonly don't appear in proceedings such as these.

PN12

THE COMMISSIONER: Yes.

PN13

MR NICOLAIDES: The union is prepared to give the undertaking required by principle 8D and it requests that the award be varied in the terms set out in the draft order with the date of effect of today. If the Commission pleases.

PN14

THE COMMISSIONER: Yes, thank you. Well, the Commission has heard the submissions of Mr Nicolaides on behalf of the AMWU and in particular in respect of the Laboratory Employees' (Oil Companies) Award 2001. The Commission is content that the undertakings given are in the terms set out by the decision of the Full Bench in this matter and accordingly varies the Laboratory Employees' (Oil Companies) Award 2001 in the terms of the Safety Net Review Wages May 2001 decision that is contained in print 002002 and the Working Hours Case as contained in print 072002. The Commission is adjourned.

ADJOURNED INDEFINITELY [10.07am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 RECORD OF POSTING AND REGISTERED MAIL PN10
EXHIBIT #A2 NOTICE OF LISTING PN10