C2002/4548, Transcript of Proceedings [2002] AIRCTrans 4253 (28 October 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 10, MLC Court 15 Adelaide St BRISBANE Qld 4000
(PO Box 38 Roma St Brisbane Qld 4003) Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LARKIN

C2002/4548
C2002/4547

SEA WORLD ENTERPRISES INTERIM AWARD 2000

Application under section 113 of the Act
by the Australian Workers Union to vary the
above award re Safety Net Review - Wages May 2002

AWU-WARNER BROS MOVIE WORLD INTERIM AWARD 2001

Application under section 113 of the Act
by the Australian Workers' Union to vary the
above award re Safety Net Review - Wages May 2002

BRISBANE

2.07 PM, FRIDAY, 11 OCTOBER 2002

Continued from 18.9.02

PN51

THE COMMISSIONER: Yes, I will take the appearances. Ms Lane, your appearance hasn't changed from the last occasion.

PN52

MS T. LANE: No, it hasn't, Commissioner. It is Lane, initial T, on behalf of the Australian Workers Union.

PN53

THE COMMISSIONER: Yes, thank you, Ms Lane.

PN54

MS N. TAYLOR: May it please the Commission, my name is Taylor, initial N, of Livingstones, and I seek leave to appear as agent on behalf of Sea World Enterprises.

PN55

THE COMMISSIONER: Ms Lane?

PN56

MS LANE: Thank you, Commissioner.

PN57

THE COMMISSIONER: Do you have - - -

PN58

MS LANE: No, I have no objection to the agent.

PN59

THE COMMISSIONER: Yes. It is granted if it is required, Ms Taylor.

PN60

MS TAYLOR: Thank you.

PN61

THE COMMISSIONER: Yes, Ms Lane.

PN62

MS LANE: Thank you, Commissioner. Commissioner, since we last met before the Commission, the AWU had sent correspondence to yourself on 26 September stating that the parties were to have a meeting on Monday, 30 September 2002, to discuss the matters in question. Commissioner, the parties have had discussion regarding the two awards before you today, and we have come to a consent with regards to a variation to both awards. Commissioner, I have put together a new application - - -

PN63

THE COMMISSIONER: A new draft order, I would say.

PN64

MS LANE: I have also put together a new draft order, as well as a new wording in an application that I have before you.

PN65

THE COMMISSIONER: What is the change in the application; you are still seeking the casual provisions?

PN66

MS LANE: Yes, we are, Commissioner, but I just transposed the consent wording into a new application form. If you don't need that, I can just hand up the draft order.

PN67

THE COMMISSIONER: I think we only need the draft order.

PN68

MS LANE: Commissioner, would you like me to hand up both matters; the draft order for both matters?

PN69

THE COMMISSIONER: Yes, I think we are doing the two matters together.

PN70

MS LANE: Yes, that is fine.

PN71

THE COMMISSIONER: I think it is easier. Yes, thank you. So you are seeking an operative date of 1 December for the casual provisions in the award?

PN72

MS LANE: Yes, Commissioner. And, Commissioner, Ms Taylor has a copy of both the draft orders as well.

PN73

THE COMMISSIONER: And the order is to remain in force for what period of time, Ms Lane?

PN74

MS LANE: As long as the award stands.

PN75

THE COMMISSIONER: It is normally - well, six or 12 months is normal. I mean, I don't know - - -

PN76

MS TAYLOR: Six months, I think, would be appropriate.

PN77

MS LANE: That is fine, Commissioner.

PN78

THE COMMISSIONER: Yes, I will hear your submissions.

PN79

MS TAYLOR: Thank you, Commissioner. Commissioner, the parties have amended the clauses as sought to reflect the following, which is to change the casual employees casual loading which can be found at - under the Sea world Enterprise Interim Award 2000, which can be found at 14.1.4. Commissioner, currently in the award the casual loading is at 20 per cent. In the new order, it is 21 per cent as from the first pay period on or after 1 December 2003, and 23 per cent as from the first pay period on or after 1 December 2003. Commissioner, also an addition to the clause can be found at 14.1.6, where it states:

PN80

On 1 December and 1 June of each year the hours of work of casual employees with at least ...(reads)... management in consultation with the joint consultative committee.

PN81

At 14.1.7:

PN82

The criteria for the review includes:

PN83

(i) the average ordinary weekly hours undertaken by the employee during the period; ...(reads)... on anticipated future working hours;

PN84

(v) any other matter the company and the joint consultative committee considers relevant.

PN85

A new clause at 14.1.8 which states:

PN86

In the event of the review identifying that a casual position ought to be converted to part-time, the ...(reads)... employer to fill the position through its normal recruitment position.

PN87

And, Commissioner, at (b), it states that:

PN88

This order shall come into force from the beginning of the first pay period commencing on or after 1 December 2002 and shall remain in force for a period of six months.

PN89

And, Commissioner, that would be an addition that we put on record, with regards to the length of the change in the agreement.

PN90

THE COMMISSIONER: An amendment to the draft order.

PN91

MS LANE: Amendment, sorry.

PN92

THE COMMISSIONER: Yes.

PN93

MS LANE: Thank you. With regards to the AWU, Warner Bros Movie World Award 2001, the changes to the clause are exactly the same, Commissioner, except the clause numbers are slightly different with regards to that clause. The clause 14 is the casual employees clause, but it is still the same as the changes are in 14.1.4 whereby the casual loading is increased 21 per cent after 1 December 2002, and 23 per cent after 1 December 2003. Commissioner, with regards to the review of the casual employees with at least six months service, the same wording can be found in the Warner Bros Movie World Award 2001.

PN94

Commissioner, the parties agree that the review after six months service is a sufficient time for a casual in the industry, as it is a theme-park industry; six months working as a casual is a time period that we deemed that they should be permanent, and that is different to the four weeks that we had in our original application, Commissioner. And if there is - I have nothing further; unless you have any questions, Commissioner.

PN95

THE COMMISSIONER: No.

PN96

MS LANE: Thank you.

PN97

THE COMMISSIONER: Thank you, Ms Lane. Ms Taylor?

PN98

MS TAYLOR: Thank you, Commissioner. My apologies, Commissioner, I didn't realise you would be hearing them at the same time, and I would just put on record that I am also representing Warner Bros Movie World, as well.

PN99

THE COMMISSIONER: Yes, thank you for that, Ms Taylor.

PN100

MS TAYLOR: Okay. In relation to the application and the amended orders, we have had the opportunity to hold discussions with the union in relation to these orders. Obviously, those discussions have resulted in some changes to the original draft orders. Just in relation to the amendments which are sought, clearly they can be divided into two categories; one is in relation to the casual loading. Now, the casual loading reflects the fact that both organisations are based in Queensland, and they have adopted the phasing-in approach of - which is the standard casual loading in most industries within Queensland, and that is the reason for the parties reaching agreement on that basis; they are having a phasing-in up to a 23 per cent from 1 December 2003.

PN101

The second element of the changes relates to the review of the status of casual employees, and having a six-month review. I think, at some stage during the discussions, the suggestion of sort of an automatic conversion to part-time was discussed, but it was deemed that it is not appropriate for the industry in which the organisations are engaged; they need to meet the needs of the hospitality and tourism industry, and therefore it would be appropriate to review the status of the employees based on those agreed criteria. So on that basis, Commissioner, I would commend the application to you on the basis of Ms Lane's submissions.

PN102

THE COMMISSIONER: Yes.

PN103

MS TAYLOR: Thank you.

PN104

THE COMMISSIONER: Thank you, Ms Taylor. And that is the applications in both awards, Ms Taylor?

PN105

MS TAYLOR: Yes, Commissioner.

PN106

THE COMMISSIONER: Yes, thank you. Well, I thank you both for your submissions, and having heard those submissions, and viewing your draft orders, I am satisfied that the application that is by consent of the parties should be granted. The Sea World Enterprise Interim Award 2000 will be varied in accordance with the draft order tendered in proceedings, and the AWU Warner Bros Movie World Award 2001 also varied in accordance with the draft orders tendered in proceedings. Both orders will come into force from the beginning of the first pay period commencing on or after 1 December 2002, and they shall remain in force for a period of six months. If there is nothing further, Ms Lane, Ms Taylor, the Commission is adjourned and thank you.

PN107

MS TAYLOR: Thank you.

ADJOURNED INDEFINITELY [2.19pm]