AG2001/7645, Transcript of Proceedings [2002] AIRCTrans 631 (27 February 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT02673

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2001/7645

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by South Eastern Disability Services
Incorporated for certification of the
South Eastern Disability Services Salary
Packaging Agreement (Part 2 and 4) 2001

MELBOURNE

10.04 AM, WEDNESDAY, 13 FEBRUARY 2002

PN1

MR P. TOOVEY: I am the Executive Officer of South Eastern Disability Services.

PN2

MR L. SMART: I am assisting Philip.

PN3

MR D. BUNN: I appear for the Australian Education Union, Victorian Branch.

PN4

THE DEPUTY PRESIDENT: It is your application, Mr Toovey, is that correct? Mr Toovey.

PN5

MR TOOVEY: You would like me to open with that?

PN6

THE DEPUTY PRESIDENT: I would, yes, it is your application.

PN7

MR TOOVEY: Okay. Fairly simply, we have - we are a not for profit organisation that has fringe benefit tax exemption and other areas of our organisation, where there are awards or agreement, allow for salary packaging. There is one part of an award which is the area that we have applied for today that doesn't allow salary packaging. And in the interests of allowing access to the benefit of salary packaging for all staff, we made this application for part 2 and part 4 of the disability services award.

PN8

THE DEPUTY PRESIDENT: Mr Toovey, just one question for you - and I think it is reasonably obvious from the application but I just want to be absolutely sure - the application is about those people providing services to disabled people. The employees involved in this are disabled or - - -

PN9

MR TOOVEY: No, this doesn't include any of our clients who are recipients of services. This is only for employed staff who are engaged in the delivery of services to those clients.

PN10

THE DEPUTY PRESIDENT: Okay, thank you.

PN11

MR TOOVEY: They number four in all - the staff concerned.

PN12

THE DEPUTY PRESIDENT: So it is four - this agreement will cover four staff in total?

PN13

MR TOOVEY: There is a - four staff, yes. We employ, just to give you a scope of the organisation, just over about 50 staff and this would enable those four staff to join the others in the salary packaging arrangement, which is voluntary by the way.

PN14

THE DEPUTY PRESIDENT: All right, thank you, Mr Toovey. Yes, Mr Bunn?

PN15

MR BUNN: The Australian Education Union is party to the Disability Services Award which, as Mr Toovey has mentioned, covers a number of groups of people providing services to disabled clients. The majority of the people employed by Mr Toovey's organisation are covered by certified agreements, multi-employer certified agreement relating to day training services for adults. This group of people deliver services through organisations known as business services so either working in supported employment in what used to be called sheltered workshops or in similar employment services.

PN16

The supported employment business services are covered by part 2 of the award. The people working in employment services assisting disabled clients into open employment are covered by part 4 of the award. Neither part of the award provides for salary packaging or salary sacrifice arrangements and neither is covered is this case by a certified agreement providing that ability. This agreement provides simply for that group of workers covered by those two parts of this award; that facility and implicit in Mr Toovey's submission is a point that is familiar to you; that these being not-for-profit organisations are in a particularly favoured position in terms of providing salary packaging and salary sacrifice as a result of the fringe benefit tax arrangements.

PN17

So the union clearly supports the certification of this agreement. If the Commission pleases.

PN18

THE DEPUTY PRESIDENT: Thank you, Mr Bunn. Did you have anything else at all, Mr Toovey?

PN19

MR TOOVEY: No, thank you.

PN20

THE DEPUTY PRESIDENT: Look I don't see any issues with this at all other than the one that I have raised and already had answered for me and on the basis of the documentation that has been provided to me and that I have already had the opportunity to peruse at some length and also on the basis of the submissions of the parties, I will certify this agreement in accordance with the relevant provisions of the Act and it will be certified with effect from today's date and shall remain in force for a period of three years and on that basis we can adjourn these proceedings. Thank you.

ADJOURNED INDEFINITELY [10.09am]