C2003/2244, Transcript of Proceedings [2003] AIRCTrans 2123 (4 June 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 2719

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LEWIN

C2003/2244

PEST CONTROL INDUSTRY (VICTORIA) AWARD 2000

Application under section 113 of the Act by
the Australian Liquor, Hospitality and
Miscellaneous Workers Union to vary re
the Safety Net Review - Wages, May 2003
Decision

MELBOURNE

11.10 AM, MONDAY, 19 MAY 2003

PN1

MS R. FRENZEL: I appear for the LHMU in this matter.

PN2

MS J. WHITECROSS: I am from the Victorian Employers Chamber of Commerce and Industry on behalf of respondent organisations.

PN3

THE COMMISSIONER: Yes, Ms Frenzel.

PN4

MS FRENZEL: Thank you, Commissioner. This is an application pursuant to section 113 of the Act for the variation of the Pest Control Industry (Victoria) Award 2000 to implement the 2003 Safety Net Review decision with respect to the $17 wage increase for persons employed under this award. We did e-mail a draft order to your office this morning but I will seek to tender it in any event and just draw two amendments that were required and made to the order to your attention.

PN5

THE COMMISSIONER: Very well. What I might do is I have received from the ALHMWU a statement as to service, a letter and a draft order and other documentation including copies of the substituted service order and postal receipts.

EXHIBIT #A1 BUNDLE OF DOCUMENTS COMPRISING STATEMENT AS TO SERVICE, LETTER, COPIES OF SUBSTITUTED SERVICE ORDER AND POSTAL RECEIPTS

PN6

THE COMMISSIONER: I will mark the draft order separately, A1(a), because we are going to make some changes, is that right?

EXHIBIT #A1(a) DRAFT ORDER

PN7

MS FRENZEL: Yes, that is right, Commissioner. Firstly, if I can just take the Commission to the draft order. As I say, we seek to vary clause 15.3, the wage rates, to implement the $17 wage increase. We also seek to insert the undertaking required under clause 15.4 with respect to the absorption of the safety net increase which is the standard - - -

PN8

THE COMMISSIONER: Well, I think you can give that undertaking orally.

PN9

MS FRENZEL: Well, we do give the undertaking on that basis, Commissioner. Now, with respect to items 3 through to 11 on page 2 of the order there are three matters which require attention. Firstly, the amendments, before I address the Commission about items 3 through to 11. The first one is that arising out of a request by Ms Whitecross we seek to amend the amount in item 10 from $67.01 to $67. We don't think anything rests particularly on that. We also seek to amend point (b) to amend the operative date from 19 May as set out on the draft order to 28 May, which is the 12 months from the time the award was last varied for the safety net adjustment. And, obviously, we seek to change the Commission's name down the bottom to Commissioner Holmes who did it last ..... to Commissioner Lewin.

PN10

Can I indicate that we have attached to the draft order a calculation sheet which sets out the method of calculations with respect to items 3 to 11. There are two methods of calculations contained on the calculation sheet, Commissioner. The first one relates to the movement of work-related and conditions-related allowances and we have used the mathematics as applies to the Glass Merchants case which is referred to in principle 5 of the Safety Net Review decision of this year.

PN11

And you will see that the key classification is the Licensed Fumigators/Pest Control Technician and we have inserted the percentage amount in there with respect to the allowances. And with respect to reimbursement allowances which were varied up to the March quarter last year we would seek to vary those reimbursement-related allowances in accordance with principle 5 of the wage-fixing principles. And we have set out there whether or not the increases arise as a consequence of the work-related allowance movement of 3.61 per cent or whether or not there is a CPI movement. And we have set that very clearly out on the calculation sheet to isolate the two allowances.

PN12

THE COMMISSIONER: Very well.

PN13

MS FRENZEL: I am able to say that the application and the draft order does comply with the wage-fixing principles. That the union does give the undertaking required by the Commission and we will forward a revised draft order to your office by e-mail with those corrections. I commend the application to the Commission. If the Commission pleases.

PN14

THE COMMISSIONER: Thank you, Ms Frenzel. Ms Whitecross.

PN15

MS WHITECROSS: If the Commission pleases. Commissioner, VECCI has taken the opportunity to review the draft order as presented in exhibit A1(a) and subject to those amendments outlined by Ms Frenzel on behalf of the union we would not be opposing the application excepting that it is consistent with the safety net principles in the decision PR002003. If the Commission pleases.

PN16

THE COMMISSIONER: Thank you, Ms Whitecross. Yes, well, this is a relatively straightforward matter. I have waived the rules for the purpose of the hearing, it is a little earlier, but I thank the parties for being able to present the matter so thoroughly in the time available. I have received a facsimile from the Australian Industry Group saying that they do not provide any service to members in relation to the above award and will not be attending today. Accordingly, both the organisations the subject of the substituted order have responded and I am satisfied that a decision should issue accordingly, notwithstanding the short time allowed for the service and hearing of the application. In particular, I am satisfied that the application meets the Commission's principles in relation to principle 8 and principle 5 as determined in the 2003 Safety Net of Wages decision. An order will issue in the terms of exhibit A1(a), as amended today. That order will come into force from the first full pay period commencing on or after 28 May 2003 and remain in force for a period of six months. We can adjourn that matter now.

ADJOURNED INDEFINITELY [11.17am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 BUNDLE OF DOCUMENTS COMPRISING STATEMENT AS TO SERVICE, LETTER, COPIES OF SUBSTITUTED SERVICE ORDER AND POSTAL RECEIPTS PN6
EXHIBIT #A1(a) DRAFT ORDER PN7