C2002/5439, Transcript of Proceedings [2002] AIRCTrans 5219 (30 December 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT1076

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C2002/5439

VICROADS AWARD 2001

Application under section 113 of the Act
by the Australian Municipal, Administrative,
Clerical and Services Union to vary the above
award re the Safety Net Review Decision [PR002002],
the Furnishing and Glass Industries Allowances
Decision [Print M9675] and the Parental Leave
- application to casual employees Decision
[PR904631]

MELBOURNE

2.30 PM, WEDNESDAY, 11 DECEMBER 2002

PN1

MR N. HENDERSON: I appear for the Australian Services Union.

PN2

MR T. O'LOUGHLIN: I appear on behalf of the APESMA.

PN3

MR C. WINTER: I appear on behalf of the Australian Workers Union.

PN4

MR W. TOWNSEND: I appear on behalf of the Community and Public Sector Union.

PN5

MR C. PANDOLFO: I appear on behalf of the AMWU.

PN6

MR E. HENDERSON: I appear on behalf of VicRoads.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Henderson?

PN8

MR N. HENDERSON: Thank you, your Honour. This is an application to increase the rates of pay and allowances in the VicRoads Award, following on from the 2002 Safety Net adjustment. And also, to include provisions relating out of the test case decision in relation to casual employees. I have a draft order, if the Commission pleases.

EXHIBIT #ASU1 DRAFT ORDER

PN9

MR N. HENDERSON: Thank you, your Honour. The order has been discussed, at some length I might say, with Mr Henderson and his colleagues at VicRoads, because of the extensive number of allowances in the award. And I am happy to tell the Commission that we are in complete agreement on the rates that are set out. And accordingly, we would request the Commission vary the award. The union gives the commitment as required by the principles and advises the Commission that no employee will receive an increase in their rates of pay, the take home pay, as a result of this application. And that, in any event, 12 months has elapsed since the last application. And we would request an order as submitted come into force on the first pay period commencing on or after today. If the Commission pleases.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you. Mr O'Loughlin?

PN11

MR O'LOUGHLIN: Thank you, your Honour. The Association supports the submissions made by the ASU and similarly gives it undertakings regarding the absorption principles. If the Commission pleases.

PN12

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Winter?

PN13

MR WINTER: Yes, your Honour. The AWU supports the submission that have been put by the unions before me, and we would give the undertakings as required. If the Commission pleases.

PN14

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Townsend?

PN15

MR TOWNSEND: If the Commission pleases, the CPSU supports the submissions already made, and gives similar undertakings as the other unions.

PN16

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Pandolfo?

PN17

MR PANDOLFO: Likewise with the AMWU, Commissioner. We support the submission made by Mr Henderson, and give the same commitments.

PN18

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Mr Henderson?

PN19

MR E. HENDERSON: VicRoads has had the opportunity to check through the draft order and does not object to it being made.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you. Well, in that case the award will be varied in the terms of Exhibit ASU1. The variation will come into operation on and from the first pay period after today's date.

ADJOURNED INDEFINITELY [2.33pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ASU1 DRAFT ORDER PN9