C2003/1620, Transcript of Proceedings [2003] AIRCTrans 1971 (26 May 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

C2003/1620

ASPHALT AND BITUMEN INDUSTRY
(NSW and ACT) AWARD 1999

Application under section 113 of the Act by
The Australian Workers' Union to vary the above
award re clause 11.4

SYDNEY

11.04 AM, FRIDAY, 9 MAY 2003

PN1

THE VICE PRESIDENT: Can I have the appearances?

PN2

MS M. PIERCY: If the commission please, I appear for the Australian Workers Union.

PN3

MR M. MEAD: If the commission please, I appear for the Australian Industry Group on behalf of Emolium and Pioneer Road Services.

PN4

MS. M. McDONNELL: If the commission pleases, for Australian Business Industrial on behalf of the respondent.

PN5

THE VICE PRESIDENT: Mr Mead, I have got a fax message from you in relation to this matter indicating essentially that you appear on behalf of CSR Emolium and Pioneer Road Services and that they don't consent to the application and you are seeking a hearing date eight to 10 weeks out. Have you provided a copy of that to Ms Piercy?

PN6

MR MEAD: Yes, I have this morning.

PN7

THE VICE PRESIDENT: All right, thank you. Yes, Ms Piercy?

PN8

MS PIERCY: Thank you, your Honour. Your Honour, I wish to advise the commission that the parties to the award have been notified of today's hearing. I have a statement of service which sets out that the copy of the application, notice of hearing and a draft order was posted by registered post on 28 April this year. The registered post receipt are attached to the statement. I would like to hand it up for the commission's files.

PN9

THE VICE PRESIDENT: Certainly. I will mark that exhibit AWU1.

EXHIBIT #AWU1 STATEMENT OF SERVICE AND REGISTERED POST RECEIPT DATED 28/04/2003

PN10

MS PIERCY: Your Honour, this application seeks to vary the Asphalt and Bitumen Industry (NSW and ACT) Award 1999 by increasing the casual loading from 20 to 25 per cent at clause 11.4 of the award. Your Honour, I have had brief discussions with Mr Mead and Ms McDonnell and we have decided that it is in best view, as we haven't reached agreement at the moment, to report back in approximately a month's time.

PN11

THE VICE PRESIDENT: Okay. Mr Mead, where does that put you in your eight to 10 weeks?

PN12

MR MEAD: Your Honour, what we would be seeking is a report back. Hopefully in the next four weeks we can come to some kind of agreement. If not then perhaps if that date could be programmed in at a later date.

PN13

THE VICE PRESIDENT: All right, so I could probably do report back, mention and programming in four weeks. Would that be convenient? Yes. Is there any difficulty with doing that by telephone.

PN14

MS PIERCY: No, not really.

PN15

THE VICE PRESIDENT: Okay, that might save everyone a little bit of time. Ms McDonnell are you happy enough with all that?

PN16

MS McDONNELL: I certainly am.

PN17

THE VICE PRESIDENT: There is one related issue that you will need to deal with at some point or other, whether the matter is dealt with by consent or arbitrated. Under principle 10 of the statement of principles given that the metal industry casual case was not a test case - that is clear from the face of the decision - the application you seek is above the safety net. That being the case I need to bring it to the President's attention and he may decide to have the matter continue to be dealt with before me as a single member, or referred to a Full Bench.

PN18

So, the process I normally adopt in relation to applications of this type is to advise the parties of that and to give them an opportunity to express a view as to whether or not they have a view whether the matter should be dealt with by a Full Bench or whether they are content for it to be dealt with by a single member. Now, I will put you on notice about that and when the matter is listed for mention and programming in a month or so, by tele-hearing, you might advise me then about your attitude to whether the matter is dealt with before a single member or the Full Bench. We will just go off the record for a moment and I will give you a date.

OFF THE RECORD

PN19

THE VICE PRESIDENT: I list the matter for report-back and mention and programming by tele-hearing at 10 am on Tuesday, 12 June. At that time I will list the matter for hearing and also get the views of the parties about single member/Full Bench issue. Nothing further? I will adjourn until then.

ADJOURNED UNTIL THURSDAY, 12 JUNE 2003 [11.09am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AWU1 STATEMENT OF SERVICE AND REGISTERED POST RECEIPT DATED 28/04/2003 PN10