AG2003/111, Transcript of Proceedings [2003] AIRCTrans 1345 (15 April 2003)

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TRANSCRIPT OF PROCEEDINGS

O/N WT0111

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT McCARTHY

AG2003/111

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of
the Act by Australian Liquor, Hospitality
and Miscellaneous Workers Union-Western
Australian Branch and another for
certification of the Mayne Health (WA)
Joondalup Health Campus ALHMWU Enterprise
Agreement 2003

PERTH

10.06 AM, THURSDAY, 27 MARCH 2003

PN1

MS A. HUMPHRY: I appear on behalf of the ALHMWU.

PN2

THE DEPUTY PRESIDENT: Thanks Ms Humphry.

PN3

MS H. SPENCER: I appear on behalf of Mayne Health.

PN4

THE DEPUTY PRESIDENT: Thank you. We have got all the documentation on this. The statutory declarations are quite clear, I think I have circulated to the parties the assessment that I have made of the agreement and the supporting documentation from my examination it meets the requirements of the legislation. There is nothing in there that would prevent its certification and I intend to so certify. Is there anything anyone wishes to add, or comment on, thank you?

PN5

MS HUMPHRY: I have nothing to add to it.

PN6

MS SPENCER: Yes sir, there is some clarification that Mayne wants put on transcript. On page 5 of the document, clause 12: Wage increase, the opening sentence, in subclause (i), is: "The wages outlined in - - -

PN7

THE DEPUTY PRESIDENT: Sorry, if you go slowly, on page 5, clause 12, yes.

PN8

MS SPENCER: Subclause (i).

PN9

THE DEPUTY PRESIDENT: Yes.

PN10

MS SPENCER: "The wages outlined in schedule A, shall be increased by 4 per cent from 1 November 2002". Then if you turn to page 26, which is schedule A, it states that it will be 4 per cent on or after 1 November 2002, it is Mayne's practice to implement wage increases on the first pay period commencing on or after a date. So in this case it would be the wording in the schedule that applied, the wage increase will be operative from the first pay period commencing on or after 1 November 2002. The other matter that we wish to put on the record is the matter of allowances.

PN11

The allowances have been increased, in this agreement, by 4 per cent, however, it was not the subject of a formal claim by the LHMWU and neither was it the subject of discussions during negotiations. It is not Mayne's intention to - as far as we are concerned, the agreement stands, but we just want to clarify that the allowances will be operative on and from the first pay period commencing after the date of registration. There is no retrospectivity with respect to increases in allowances. If it please the Commission.

PN12

THE DEPUTY PRESIDENT: Yes well, I mean the agreement is the agreement, it is what I have in front of me and it has been signed by the parties. Just looking at the documentation. So, it is there. Ms Humphry, do you want to comment on any of that?

PN13

MS HUMPHRY: Just very briefly, sir. The two matters raised by Ms Spencer will be a matter for interpretation of the agreement if a dispute does arise. We don't endorse her views as to the interpretation of the agreement necessarily, but I'm not aware of any current intention by the union to dispute the matters that she has raised. So we have nothing further to add at this stage.

PN14

THE DEPUTY PRESIDENT: Yes, thank you. Well, I don't intend to interpret the agreement either, it is not my agreement, it is your agreement and the terms of it are up to you to apply according to what the meaning of it is. The agreement will be certified to operate on and from today's date. The documentation will follow and be circulated to you. This matter is adjourned.

ADJOURNED INDEFINITELY [10.11am]