C0025/198, Transcript of Proceedings [2003] AIRCTrans 2031 (28 May 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER ROBERTS

C No 00251 of 1998
C2003/1458
C2003/1459

CLUB MANAGERS AND CLUB SECRETARIES
(AUSTRALIAN CAPITAL TERRITORY) AWARD 1982

Review under Item 51, Schedule 5,
Transitional WROLA Act 1996 re
award simplification

CLUB MANAGERS AND CLUB SECRETARIES
(AUSTRALIAN CAPITAL TERRITORY) AWARD 1982

Application under section 113(1) of the Act
by Club Managers' Association, Australia
to set aside award

CLUB MANAGERS' ASSOCIATION, AUSTRALIA

and

CONFEDERATION OF A.C.T. INDUSTRY

Notification pursuant to section 99 of the Act
of an industrial dispute re log of claims

SYDNEY

2.38 PM, TUESDAY, 13 MAY 2003

Continued from 3.4.03 in Canberra

PN293

THE COMMISSIONER: Good afternoon, I will take appearances, please.

PN294

MR P. COOPER: If it please the Commission, I appear on behalf of the Club Managers' Association, Australia.

PN295

MR K. BILLINGTON: If the Commission pleases, I appear for the Confederation of A.C.T. Industry.

PN296

THE COMMISSIONER: Thank you. Mr Cooper, are you going to tell me what the situation is?

PN297

MR COOPER: Yes, Commissioner. I think that many people of wisdom have been able to run their eyes over this award, not only in more recent times with the award simplification unit but other Commissioners as well as your good self, so I am hoping we have got to a stage where certainly the parties have an agreed document and we are happy with for the respective membership we are dealing with but, more importantly, that the Commission is satisfied that the document complies with test case standards and the award simplification requirements.

PN298

All those C numbers that were referred to, I think in particular today we are dealing with three C numbers, the C number dealing with the Item 51, which is C No 1998/251, then a section 113 application which is C No 1548 and our section 99 log of claims, C No 1459. That last C number was subject to a dispute finding on 3 April before yourself.

PN299

I propose to deal with the matter in so far as formally setting the award aside under C No 1458. We would be seeking the formal setting aside of the Club Managers and Club Secretaries (Australian Capital Territory) Award 1982, that would be our first submission, and then we would like to move on to the formal making of a new award which hopefully would dispense also with the Item 51, or the Item 51 will die a natural death with the setting aside of the award through the 113 application.

PN300

THE COMMISSIONER: Actually, I prefer to do it in reverse order, the last thing we will do is the setting aside of the award, because there are some comments I want to make about the draft award which you may or may not agree with today.

PN301

MR COOPER: All right, Commissioner.

PN302

MR BILLINGTON: Commissioner, at this stage we would not oppose the setting aside of the Club Managers ACT Award and we are happy to follow guidance from yourself.

PN303

THE COMMISSIONER: Well, we will go to the matters 251 of 1998 and 1459 of 2003 initially. If I can direct your attention to the draft award that has been sent to me by my associate, it settles most of the matters raised by the award simplification unit. There's a couple of machinery matters and one more important one I need to raise with you.

PN304

In my assessment of the draft award I have agreed to change the arrangement clause back to the alphabetical order that you requested. For some reason the simplification unit seems to prefer a numerical order but I personally agree that it is much easier to find matters if it is alphabetical, in that regard I don't agree with the simplification unit but I do agree with you.

PN305

All other issues relating to formatting of the award as proposed by the parties I accept. There is no problem about inserting a safety net adjustment from the May 2003 safety net review decision. I note that the summary dismissal clause has been deleted by the parties. I think in clause 7 we need to add a new 7.4, which is a very simple one, it will read "Commission shall need the Australian Industrial Relations Commission." The reason I am doing that, if you have a look at clause 32, redundancy, there is more than one reference there to "Commission", but it is not defined anywhere, but I don't think that is going to be a matter of dispute between us.

PN306

Appendix A, the training requirements, in this regard I agree with the simplification unit that it is unnecessary detail and I wouldn't propose to insert it into the actual award. What do the parties say about all of that? Mr Cooper.

PN307

MR COOPER: Our endeavour was to have a standard training regime throughout Australia, our state awards and our federal awards. Those training modules have been established by a national education body. The Club Managers' Association is a registered training organisation and has an input into those government authorities that set these hospitality modules. That's what our objective is. The training appendix is in the current federal award covering Victoria and Queensland club managers. That was put before Commissioner Raffaelli last year.

PN308

Where it all started from, going back to our simplification process in 1996 through to 1998, I think it started from Vice President Ross, we went through the argument then. It wasn't so much an argument because the employers were very mindful of creating an environment where it encouraged in a non-prescriptive fashion professional managers of the industry. Queensland and Victoria at that stage had only had gaming for about three or four years and they wanted to increase its professional standing.

PN309

Vice President Ross was more than helpful, he tampered with the award as well and he inserted in the training and development divisions some reference to the progression through the classification stage where apparently it says in order to facilitate the progression through classification in clause 9, it refers to taking five days for professional development, so you create an environment, you have got a salary structure and classifications which says that you should reach the competency levels of training for the management, the award allows you to progress that by having at least five days off a year, then you have got to have some sort of guidance of saying, okay, I have got professional development leave but what do I do with it.

PN310

THE COMMISSIONER: My problem is in the second paragraph where it currently reads:

PN311

It is included as an appendix for the information of employers and employees only and shall not otherwise be used in construing the meaning of the award.

PN312

Now, once you have a statement like that in a simplified award I can't see it has a place. There must another way of recording it between the parties, copying it to the Commission as well, but it's that paragraph which basically says that it's here for information only and it doesn't mean anything in relation to construing the award, which makes me want to put a big red line through it.

PN313

MR COOPER: Yes, it's probably bad terminology but it's trying to say what I was portraying, that it is not meant to be a prescriptive list of modules that people must comply with to advance through the classification structure.

PN314

THE COMMISSIONER: But an award is meant to be prescriptive.

PN315

MR COOPER: Yes, it should provide a minimum safety net approach and that's what we are trying to achieve, but the wording we have used in the classification, it leaves it open that you can either have the levels of competency training or the on the job experience as determined by your board of directors to warrant your standing in that level. For example, someone may be a duty manager at the Canberra Labor Club but they have been rather diligent over the years in getting all their qualifications up to a level G manager. They can't walk into the board of directors and say, well, here's all my certificates, I'm competent up to that level so I expect a salary to a level G manager's rate. That will assist the person as a guideline only to advance their career possibly at their own club or progressing to another club.

PN316

THE COMMISSIONER: You see, I see none of that as being at issue, I just see whether this is the place for it, that's the query. We will just hear from the Confederation.

PN317

MR BILLINGTON: Thank you, Commissioner. I have spoken to some of our members about this particular Appendix A and they were happy to see it included because it helps to find the various training qualifications that enable the employees to move from one level to another.

PN318

THE COMMISSIONER: What about if you struck the second paragraph?

PN319

MR BILLINGTON: Yes, Commissioner, we would support that.

PN320

THE COMMISSIONER: I belong to the old school in these things, whatever helps the parties in an award I am personally happy with but I have to follow the rules as well. I would be minded to allow it in if you scrapped the second paragraph. We can take it that you both agree?

PN321

MR COOPER: Yes, Commissioner.

PN322

MR BILLINGTON: Yes, Commissioner.

PN323

THE COMMISSIONER: Well, that's the end of my comments. Given that most of the other things or all the other things were procedural, are you happy with that, what I have said about all the other matters?

PN324

MR COOPER: Commissioner, I think for the record it might be helpful in so far as including the current national wage case decision and safety net adjustment that we have used the formula established under the monetary rates peaking into the current C10 classification for the making of this award only. Our intention would be that future safety net adjustments would be passed on to the rates as they exist in this award at that time. The formula used for properly fixed minimum rates is a once only exercise and I think it would be helpful if that is on the record for all parties.

PN325

MR BILLINGTON: No problem with that, Commissioner.

PN326

THE COMMISSIONER: Is there anything further the parties wish to put on the record?

PN327

MR BILLINGTON: Yes, Commissioner. We would just like to have a small correction made in clause 4, who is bound by this award. In 4.1, the second line refers to the A.C.T. Region of Chamber of Commerce Industry, the Confederation of A.C.T. Industry is the federally industrially registered name so we would like to see CONFACT put back in there rather than the Chamber of Commerce.

PN328

THE COMMISSIONER: Is there any problem with that, Mr Cooper?

PN329

MR COOPER: No, Commissioner.

PN330

THE COMMISSIONER: I see that as a machinery change which I am happy to accommodate. Is there anything else?

PN331

MR BILLINGTON: Clause 5, Commissioner, it says the award comes into force on 3 April 2003, maybe if we are getting to agreement here we could make it 13 May 2003 instead.

PN332

THE COMMISSIONER: I am probably ahead of you, I am looking at the draft that I have had prepared for today which does read 13 May.

PN333

MR COOPER: Yes, I thought I had picked that up in the latest one I sent to you.

PN334

THE COMMISSIONER: I think I probably got that off you, Mr Cooper.

PN335

MR COOPER: I hope so, yes, I went through it several times to make sure I picked up the appropriate file.

PN336

THE COMMISSIONER: We had previously set aside the long service leave award?

PN337

MR COOPER: We had, Commissioner, yes.

PN338

THE COMMISSIONER: Are there any other matters, or does anybody need time to go through it?

PN339

MR BILLINGTON: Not from CONFACTs point of view, Commissioner.

PN340

THE COMMISSIONER: Basically, Mr Cooper, I have been acting on your draft subject to the changes that I have advised you of.

PN341

MR COOPER: I assume that on this draft today there are two changes to be made, that is to clause 4, putting CONFACT back in there, and the Appendix A change, are they the only two matters?

PN342

THE COMMISSIONER: I think so, yes. Could we just have a quick look at definitions, is there any need to define CONFACT in there?

PN343

MR COOPER: The ASU said no because there is no reference to it. I had them defined in my original definition.

PN344

THE COMMISSIONER: They are not referred to after the reference in 4, are they?

PN345

MR COOPER: No, Commissioner.

PN346

THE COMMISSIONER: In that case there is no need to define them. We will proceed to the making of the award now?

PN347

MR COOPER: Yes, please, Commissioner.

PN348

THE COMMISSIONER: Having heard the parties and the parties having heard some of my comments and accepted a couple of variations as suggested by the Commission, I am prepared to make the award in the terms sought and in settlement of C Nos 251 of 1998 and 1459 of 2003, the award will come into effect from today's date and will have a nominal life of two years. That being said, the matter is now concluded. It is only the first matter that is adjourned, we are moving on now to C2003/1458. Yes, Mr Cooper.

PN349

MR COOPER: Commissioner, I would formally seek the setting aside with that application 113 of the Club Managers and Club Secretaries (Australian Capital Territory) Award of 1982.

PN350

MR BILLINGTON: Commissioner, we would not oppose the setting aside of that award.

PN351

THE COMMISSIONER: Having heard the parties and given the fact that we have just created a new award, the award known as the Club Managers and Club Secretaries (Australian Capital Territory) Award 1982 will be set aside from today's date. Is there anything further from the parties?

PN352

MR COOPER: No, Commissioner, thank you very much for your assistance during this exercise.

PN353

MR BILLINGTON: Commissioner, thank you very much.

PN354

THE COMMISSIONER: I am not sure how much I have assisted the parties, I am very happy that a matter which has been on deck before Vice President Ross, Justice Boulton, Commissioner Leary and God knows who else is now concluded. Thank you.

ADJOURNED ACCORDINGLY [2.56pm]