C2003/2154, Transcript of Proceedings [2003] AIRCTrans 1973 (26 May 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 60-70 Elizabeth St SYDNEY NSW 2000
DX1344 Sydney Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER JONES

C2003/2154

TENNECO GAS HYDROCARBONS AWARD 1995

Application under section 113 of the Act
by The Australian Workers Union to vary the
above award re safety net review - wages May 2002,
allowances and casual employment

SYDNEY

10.58 AM, FRIDAY, 9 MAY 2003

Adjourned sine die

THESE PROCEEDINGS WERE CONDUCTED BY VIDEO CONFERENCE IN SYDNEY

PN1

THE COMMISSIONER: May I have the appearances, please?

PN2

MR G. R. BEARD: If the Commission pleases, I appear on behalf of the Australian Workers Union.

PN3

MR A. KENTISH: If it pleases, I appear on behalf of the AMWU.

PN4

THE COMMISSIONER: Thank you, and in Perth?

PN5

MR S. HEATHCOTE: Commissioner, I seek leave to appear in Perth for Epic Energy with MR S. WALTON from Epic Energy.

PN6

THE COMMISSIONER: Have you any problems with appearances, Mr Beard?

PN7

MR BEARD: Well, Commissioner, I don't understand why it is necessary for somebody with legal qualifications to actually appear in safety net matters, I understand that somebody from the company who has a background in industrial relations would be able to appear in this matter on behalf of the company.

PN8

THE COMMISSIONER: Mr Heathcote, is your main reason for appearance in this matter or the simplification matter?

PN9

MR HEATHCOTE: No, Commissioner, I am here primarily to assist with the simplification matter. If it is of concern to Mr Beard then Mr Walton I am sure could handle the safety net aspects of the proceedings.

PN10

THE COMMISSIONER: I don't see any real need for you to be involved in this, so leave is not granted at this stage for this matter but for the simplification matter I will hear again. Mr Walton, you are in the box seat. Mr Beard, do you want to lead off?

PN11

MR BEARD: Yes, I am happy to start, thank you, Commissioner. The application seeks to vary the award with regard to the May 2001 and May 2002 safety net decisions and also with regard to casual employment. The parties to this award are the AWU, the AMWU and Epic Energy through transmission of business with they took over the operations of Tenneco.

PN12

The parties were forwarded copies of the application, the notice of hearing, a draft order and the allowance calculations on 5 May, Commissioner. I was aware that the parties would be present at today's hearing so I haven't prepared a statement of service as I usually do, the presence of the other parties today indicates that the service was properly performed. The draft order that I have prepared today in fact reflects the safety net review decision of May 2003 also. Obviously, because we do not have agreement with regard to that decision being included in this particular application, I will have to amend the draft orders I have prepared.

PN13

I am quite happy to hand to you a copy of this draft and in giving you this draft I will undertake to present to the other parties an amended draft order which will include the May 2001 and May 2002 safety nets with regard to the wage rates. It will include the commitments of the absorption of those increases into any over-all payments as specified in the safety net review decision of May 2002 and will also increase the allowances contained within the award. They are all only work-related allowances and I will provide an appropriate calculation schedule setting out those increases.

PN14

We believe, Commissioner, that the draft will in appropriate reflection of the safety net review decisions of May 2001-2002 and ask that the order be granted from the first pay period commencing on or after today's date, to remain in force for a period of six months. With regard to the application, there is also a matter about casual employment. Currently the award in clause 8, referring to casuals, does not have any casual loading at all and I am seeing that provision in the Item 51 matter.

PN15

I put forward a proposal to the company that we update that particular clause essentially to reflect the casual provision that currently applies in the Metal Industry Award. The company has informed me that in fact they do not have any casuals employed under the award and therefore it would be appropriate just to delete that clause entirely. I understand that position is still true, is that correct, Mr Walton?

PN16

MR WALTON: Yes, that's correct.

PN17

MR BEARD: So again the draft will reflect a particular situation. In summary, Commissioner, I believe that the amended draft will be forwarded to the parties, I expect them to have four or five working days to provide me with a written response and upon receipt of the written responses I will forward copies of the documentation through to your office together with a copy of the draft order by email, if it please the Commission.

PN18

THE COMMISSIONER: Thank you, Mr Beard. Mr Kentish, do you want to say anything?

PN19

MR KENTISH: Commissioner, the AMWU supports the application made by the AWU in this matter and gives the necessary undertaking in relation to the safety net increases.

PN20

THE COMMISSIONER: Mr Walton?

PN21

MR WALTON: If it please, Commissioner, we have no problem with what Mr Beard has just proposed. We agree to delete the casual clause out of the award and to update the relevant salaries and allowances to the 2002 safety net increases.

PN22

THE COMMISSIONER: Thank you. I will give the parties seven working days in which to deal with the implementation and provided it is received by the Commission within seven days I will make it effective from today's date, 9 May 2003, and will issue an order accordingly. If there is nothing further from the parties, I will close this file.

ADJOURNED INDEFINITELY [11.05am]