C2002/5630, Transcript of Proceedings [2002] AIRCTrans 5131 (19 December 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER CARGILL

C2002/5630

COUNTRY PUBLISHING AND
PRINTING AWARD 2002

Application under section 113 of the Act
by the Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union to vary
the above award re reasonable hours

SYDNEY

10.05 AM, THURSDAY, 5 DECEMBER 2002

Adjourned sine die

PN1

THE COMMISSIONER: May I have appearances, please?

PN2

MS K. COTIS: If it please the Commission, I appear on behalf of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union.

PN3

MS N. RUTHERFORD: If it please the Commission, I appear for the Printing Industries Association on behalf of printing industries and its members and I would also like to put in an appearance for the Country Press Association today.

PN4

MR C. ROLES: If the Commission pleases, I am a solicitor and seek leave to appear for Australian Business Industrial and its respondent members.

PN5

THE COMMISSIONER: Thank you. I presume there is no objection to Mr Roles being given leave in this case. Leave is granted.

PN6

MR ROLES: Thank you.

PN7

THE COMMISSIONER: Yes, Ms Cotis.

PN8

MS COTIS: Commissioner, this is a section 113 application which has been made by the AMWU to give effect to the working hours case decision, printing number PR072002 in relation to the Country Publishing and Printing Award 2002. My brief submissions today simply go to service of the notice of listing for today and the draft order which I understand is a consent order.

PN9

Just in relation to that service, Commissioner, on 25 November 2002 the union posted a copy of the order together with a copy of the listing for today's hearing to the respondents named in the substituted service order that was signed by you on 20 November 2002. You should have evidence of that service on your file, Commissioner.

PN10

THE COMMISSIONER: Yes, I do, thank you.

PN11

MS COTIS: Commissioner, I now request that the order is made in the terms being sought. As I mentioned earlier, it is my understanding that the employers represented here will consent to the order, if it please the Commission.

PN12

THE COMMISSIONER: Thank you, Ms Cotis. Yes, Ms Rutherford.

PN13

MS RUTHERFORD: Commissioner, indeed Ms Cotis is correct, the employers do consent to the order, we just wanted to make sure that the numbering that appears in the draft order that you have on the file is compliant with the rest of the numbering in the Country Printing and Publishing Award.

PN14

I understand that Mr Roles from ABI forwarded a letter seeking that change and then there was a revised draft order provided to the parties. It has the numbering of the reasonable hours clause, being 6.4.1 (a) and (b). If that is the order that is to be made today then certainly the printing industries and country press consent.

PN15

THE COMMISSIONER: That is the order I have here, Ms Rutherford, yes, so I presume that is the relevant one.

PN16

MS COTIS: I'm sorry, Commissioner, I probably should have mentioned that I emailed a copy of the draft order to your chambers yesterday, so if that's the copy you are looking at now that is the copy of the order we are seeking to have made.

PN17

THE COMMISSIONER: Thank you. Yes, Mr Roles.

PN18

MR ROLES: Commissioner, Australian Business Industrial has no objection to the orders as sought and we consent as well.

PN19

THE COMMISSIONER: Thank you. On the basis of the submissions that have been put and also taking into account the contents of this order, which I will actually mark as exhibit AMWU 1 for clarity, I am satisfied that the application is one that should be granted. The order that is sought and the change that is sought to the award is in conformity with the relevant standard that was set by the working hours test case in July of this year and the clause that is set out at paragraph 278 of that decision mentioned by Ms Cotis appears to be in the same terms as what is set out in AMWU 1 and I am satisfied that I should give effect to this.

EXHIBIT #AMWU 1 DRAFT ORDER

PN20

MS COTIS: Thank you, Commissioner.

PN21

THE COMMISSIONER: The order will be issued in terms of AMWU 1 and it will come into force from the beginning of the first pay period to commence on or after today's date, being 5 December 2002, and an order to that effect will issue as soon as possible. If there is nothing further, the matter is now adjourned.

ADJOURNED INDEFINITELY [10.10am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AMWU 1 DRAFT ORDER PN20