C2003/1269, Transcript of Proceedings [2003] AIRCTrans 1299 (9 April 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N VT2139

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2003/1269
C2003/1270

VICTORIAN STUDENT UNION EMPLOYEES
(PROFESSIONAL ADMINISTRATIVE CLERICAL
COMPUTING AND TECHNICAL STAFF)
AWARD 1999

STUDENT UNION EMPLOYEES CORE
CONDITIONS AWARD 1997

Applications under section 113 of the Act by
Deakin University Student Association to
vary the above awards re amalgamation of
cohort and campus based student bodies

MELBOURNE

10.00 AM, WEDNESDAY, 26 MARCH 2003

PN1

MR B. CHARLES: I seek leave to appear on behalf of Deakin University Student Association, together with MS B. McKENZIE-EDWARDS, who is the President of the Association.

PN2

MR R. HUTCHINS: I appear on behalf of the National Tertiary Industry Union, together with MS S. ROBERTS.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Hutchins, is there any objection to leave?

PN4

MR HUTCHINS: We have no problem.

PN5

THE SENIOR DEPUTY PRESIDENT: Very well. Leave is granted, Mr Charles. I think they are your applications, Mr Charles.

PN6

MR CHARLES: Yes, thank you, your Honour. There are two applications before you today, your Honour, to seek to vary two awards: the Victorian Student Union Employees (Professional Administrative Clerical Computing and Technical Staff) Award 1999. The print number for that is AW802064. And the Student Union Employees Core Conditions Award 1997, and the print number for that is AW797062.

PN7

Your Honour, before I get into the substance of the application, the power that your Honour has to vary the awards is found in two places in the Workplace Relations Act. Both at section 111(1)(f), and also section 113(2).

PN8

Your Honour, if I could deal with the Core Conditions Award first. The Deakin University Student Association, or DUSA, as I will call it from now on, your Honour, is a body that was created in, or commenced business on 8 January 2001. It was created through the amalgamation of a number of cohort and campus based student bodies. They are the Burwood Association of Students, the Deakin University Council of Students, the Deakin University International Services Association, Deakin University Post Graduate Association, the Deakin University Warrnambool Student Association, and the Rusden Association of Students.

PN9

As a result of that amalgamation, your Honour, there is an argument that DUSA is bound by the Student Union Employees Core Conditions Award by dint of the transmission of business provisions in the Workplace Relations Act. However, with this particular award, DUSA seeks the variation to more accurately record the body that is actually now bound by this award, or the parties intend is bound by this award.

PN10

The variation to this award that is sought is to clause 1.2(iii), and that is removing the reference to Geelong Association of Students Inc, and inserting in its place, Deakin University Student Association. I might add, your Honour, that the Geelong Association of Students did not actually amalgamate with the other bodies I have mentioned earlier to form DUSA. However, it ceased, or wound up its operations on 31 March 2001. DUSA now has the task of administering the assets of the Geelong Association of Students. So, just in a nutshell, your Honour, the variation that is sought means that that award would more accurately record the body that is now bound by that award.

PN11

Your Honour, in relation to the Victorian Student Union Employees (Professional Administrative Clerical Computing and Technical Staff) Award 1999, the variation that is sought to that award is to vary clause 4, to delete the reference to Deakin University Warrnambool Student Association Inc, and not insert any other body in that clause, or not to insert DUSAs name in that clause.

PN12

The reason for seeking the variation to that award, your Honour, is to in essence simplify the issue of award respondency for DUSA. So as a result of the two applications, if your Honour makes the orders sought, is that DUSA will be bound by one award, that being the Student Union Employees Core Conditions Award 1997. That award. of course, would then form the basis of the no disadvantage test for the enterprise agreement that will shortly be put to the vote and, if it is voted up, certified.

PN13

THE SENIOR DEPUTY PRESIDENT: Whereas components of the now DUSA were bound by different awards, in particular Warrnambool Student Association, by the Professional Administrative Clerical Award.

PN14

MR CHARLES: I think there are other awards, your Honour. I don't have the particular details of that, that it might bind DUSA in relation to other aspects of - - -

PN15

THE SENIOR DEPUTY PRESIDENT: Yes.

PN16

MR CHARLES: I think there is also one of the Journalists Awards might be binding on DUSA, again by dint of the transmission of business provisions in the Workplace Relations Act. I guess with these two awards, your Honour, what the parties are seeking to do is clean up the award respondency issue in relation to the main body of staff that are engaged by DUSA.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes. So they would be bound then by the Core Conditions Award.

PN18

MR CHARLES: Yes.

PN19

THE SENIOR DEPUTY PRESIDENT: And the other award would have no role to play in respect of DUSA?

PN20

MR CHARLES: Yes, exactly, your Honour.

PN21

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Thank you, Mr Charles. Mr Hutchins.

PN22

MR HUTCHINS: Thank you, your Honour. The union has no problems in supporting the applications. We would just like to say that we think the new environment would create an environment of some harmony, and could prevent future disputation and problems that exist at the moment.

PN23

THE SENIOR DEPUTY PRESIDENT: That is rare in this day and age. Yes, thank you for that, Mr Hutchins.

PN24

These are applications by the Deakin University Student Association to vary two awards: the Student Union Employees Core Conditions Award 1997, and the Victorian Student Union Employees (Professional Administrative Clerical Computing and Technical Staff) Award 1999. The background to the applications is the creation of the Deakin University Student Association through the amalgamation of various cohort and campus based student bodies.

PN25

The variation is sought pursuant to section 113(2) of the Act, and would have the effect of, firstly, removing any uncertainty which might exist as to respondency to the awards, following the amalgamation and the application of transmission of business provisions of the Act, And, further, to consolidate the award arrangements so that one of the two awards only applies to the Deakin University Student Association, whereas previously the two awards had application to parts of the body now amalgamated as DUSA.

PN26

The application is supported by the NTEU. I am satisfied that the awards should be varied in the manner sought. In my view, the variations will remove any uncertainty as to respondency of DUSA to the awards of the Commission, and have the additional beneficial effect of having the Student Union Employees Core Conditions Award apply across all components of DUSA.

PN27

The variations sought are to vary clause 1.2.(iii) of the Student Union Employees Core Conditions Award 1997, removing reference to the Geelong Association of Students Incorporated, and inserting Deakin University Student Association as a respondent to the award.

PN28

The other variation seeks to vary clause 4 of the Professional Administrative Computing and Technical Staff Award, by deleting Deakin University Warrnambool Student Association Incorporated.

PN29

I will make each of the variations sought in those terms. The variations shall have effect from today's date, and remain in force for a period of six months. I will now adjourn these proceedings.

ADJOURNED INDEFINITELY [10.10am]