C2002/5935, Transcript of Proceedings [2002] AIRCTrans 5223 (30 December 2002)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N VT1077
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C2002/5935

VICROADS AWARD 2001

Application under section 113 of the Act
by VicRoads to vary the above award for the
purpose of removing ambiguity or uncertainty

MELBOURNE

2.32 PM, WEDNESDAY, 11 DECEMBER 2002

PN1

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

PN2

MR N. HENDERSON: I appear for the ASU.

PN3

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

PN4

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

PN5

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

PN6

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

PN7

THE SENIOR DEPUTY PRESIDENT: Yes. Mr E. Henderson? This is your application. That is right.

PN8

MR E. HENDERSON: I might speak - well, it is in fact a joint application on behalf of all of the parties to the award, and I might provide a short background to the submission to the Commission.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you.

PN10

MR E. HENDERSON: And indicate that the draft order as provided has been prepared as a consequence of an extensive consultation exercise for the purposes of expressing in plain English and rendering easy to understand in structure and content, and removing provisions that are obsolete and need updating. In relation both to the VicRoads Award and another document, the next matter before the Commission, known as our Common Conditions Agreement. And in that process the parties agreed as a matter of principle that issues to do with hours of work were appropriately consolidated into a single place.

PN11

And that the appropriate place for that consolidation was at award level, rather than there being a split between award provisions and those contained at enterprise agreement level. It is our view that there are no matters that cannot be included at award level, and that the application should be approved for that reason. Part 5 is the section that relates to hours of work and related matters. The other two items sought in the draft order are consequential references in the facilitative table at clause 8.4. And a consequential reference at clause 19.5 to the salary above which entitlements to excess travel will not apply. They are consequential changes.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes.

PN13

MR E. HENDERSON: I have been advised, shortly before commencement of the proceedings today, that the unions intend to ask for seven days to check more thoroughly through the wording of this document and the next matter before the Commission, for the reason that it has been called on, as you are aware, at quite short notice. And they are concerned just to ensure that no errors of - unintended errors have been introduced into the document. VicRoads will not oppose seven days being allowed for the checking of the orders.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you, Mr Henderson. There is just one matter that leapt out at me, when I very quickly looked at the proposed clause. There seems to me to be an inconsistency between the proposed clause 21.3.2 and 21.4.1(b). You might just comment on that if you would.

PN15

MR E. HENDERSON: I am just going to 21 - - -

PN16

THE SENIOR DEPUTY PRESIDENT: I may not have understood it.

PN17

MR E. HENDERSON: Could I ask you to repeat the second reference?

PN18

THE SENIOR DEPUTY PRESIDENT: Yes. 21.4.1(b).

PN19

MR E. HENDERSON: If I could indicate to your Honour that the subheading 21.3 - - -

PN20

THE SENIOR DEPUTY PRESIDENT: Yes.

PN21

MR E. HENDERSON: - - - is arrangements in relation to standard hours, one of the forms of organising hours at VicRoads.

PN22

THE SENIOR DEPUTY PRESIDENT: Yes.

PN23

MR E. HENDERSON: And the arrangements under 21.4 are in relation to the flexitime provisions, a separate and different way of arranging hours of work at VicRoads.

PN24

THE SENIOR DEPUTY PRESIDENT: But do they sit together, or do they work, one independently of the other, or - - -

PN25

MR E. HENDERSON: They are alternates.

PN26

THE SENIOR DEPUTY PRESIDENT: They are alternate. There is something in the award that indicates that if you are working standard hours - - -

PN27

MR E. HENDERSON: If I could draw the Commission's attention to clause 21.2.1.

PN28

THE SENIOR DEPUTY PRESIDENT: Yes.

PN29

MR E. HENDERSON:

PN30

The average 38 hours per week shall be worked under one of the following schemes.

PN31

THE SENIOR DEPUTY PRESIDENT: I see.

PN32

MR E. HENDERSON: The first dot point being standard hours, the second being flexitime. And there are other options.

PN33

THE SENIOR DEPUTY PRESIDENT: Thank you. I now understand, and as I indicated, I didn't understand. I do now, and that answers my query. Yes. Thank you. Mr Henderson?

PN34

MR N. HENDERSON: The union doesn't oppose and indeed, consented to the application. And the Commission would be much relieved to note that the purpose of the application is to simplify the hours of work provisions. It is now down to only six or seven pages.

PN35

THE SENIOR DEPUTY PRESIDENT: Yes. I refrained from making that observation.

PN36

MR N. HENDERSON: Yes. All that I would say today, other than that we are prepared to consent to the application, is that we would seek the seven days to settle the order. There are a number of issues that we just needed to check, and there were some typographical errors that we have noted on the way through.

PN37

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you.

PN38

MR N. HENDERSON: So, if the Commission pleases, that would be a useful period of time for us.

PN39

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

PN40

MR O'LOUGHLIN: Your Honour, the Association supports the submission, and subject to the seven days approval, has no - there is no problems.

PN41

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

PN42

MR WINTER: Yes, your Honour. We would support the submission, as long as the seven days are granted. This document, as I understand it, was negotiated back in July, and we do want to confirm that what is in here is correct in accordance with past drafts. But seven days should give us plenty of time, if the Commission pleases.

PN43

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you. Mr Townsend?

PN44

MR TOWNSEND: If the Commission pleases, the CPSU supports the submissions of the other unions, and we would, too, prefer the seven day period.

PN45

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Pandolfo?

PN46

MR PANDOLFO: We also support the submission.

PN47

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you. Very well. I will indicate that I will make an order in the terms sought, or in terms similar to those sought. I direct the parties to confer and to provide to my Chambers an agreed draft variation, and the award will then be varied in terms of the agreed draft variation. It will bear the date upon which it is made, I think, rather than today's date. Yes. Thank you.

ADJOURNED INDEFINITELY [2.40pm]