C2003/2410, Transcript of Proceedings [2003] AIRCTrans 2226 (12 June 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER CARGILL

C2003/2410

MOBILE CRANE HIRING AWARD 2002

Application under section 113 of the Act by
Mobile Crane Hiring to vary re safety net
review - wages May 2003

SYDNEY

10.14 AM, FRIDAY 23 MAY 2003

Adjourned sine die

PN1

THE COMMISSIONER: Could I have appearances please.

PN2

MR B. STIRLING: I appear for the Construction, Forestry, Mining and Energy Union.

PN3

MR G. THOMAS: If the Commissioner pleases, I appear for the Master Builders Association of New South Wales.

PN4

MS L. BROOKS: Appears for respondent members of Australian Business Industrial and also respondent members of the employers first.

PN5

MR M. MEAD: I appear on behalf of Australian Industry Group.

PN6

THE COMMISSIONER: Thank you Mr Mead. Yes, Mr Stirling.

PN7

MR STIRLING: Commissioner this is an application to amend the award, the subject of this application consistent with the safety net review 2003 decision of the full bench of this Commission. It just applies the $17 increase granted by the full bench across the wage rates and again increases allowances by 3.2 percent. I can hand up to the Commission a copy of the draft order and also proof of registered service. Commissioner, in a brief discussion with Ms Brooks there has been some difficulty in that Ms Brook's organisation did not appear on the list for registered service. I have undertaken to amend that and ensure that that doesn't happen in the future.

PN8

I can also indicate to the Commission that I have received correspondence from Brambles which I believe has been made available to the Commissioner also.

PN9

THE COMMISSIONER: Yes.

PN10

MR STIRLING: In the terms that they consent to the changes proposed. I can indicate that the allowance adjustments are consistent with principle 5 of the decision and that in number, that's been inserted there and I can give an undertaking in respect of absorption and I commend the changes to the Commission.

PN11

THE COMMISSIONER: Thank you, Mr Stirling. Mr Thomas.

PN12

MR THOMAS: Commissioner the Master Builders Association of New South Wales indicates that it is in agreement with the application as it now stands before you.

PN13

THE COMMISSIONER: Thank you. Ms Brooks.

PN14

MS BROOKS: Commissioner, we've had an opportunity to review the application this morning and we consent to the application as its been presented to the Commission, it's in accordance with the decision of the full bench and the safety net review wages May 2003.

PN15

THE COMMISSIONER: So, you have had sufficient time to look at it.

PN16

MS BROOKS: Yes. I looked at it this morning. I had prepared the rates on an old schedule so that when we got here there was no holding up of it going through.

PN17

THE COMMISSIONER: Thank you. Yes, Mr Mead.

PN18

THE COMMISSIONER: Thank you Commissioner. We also have no objection to variations to the award - - -

PN19

THE COMMISSIONER: All right. Thank you. I'll first of all indicate I'll mark this draft order as CFMEU1

EXHIBIT CFMEU1 DRAFT ORDER

PN20

THE COMMISSIONER: and also just confirm for the record, yes I have had the correspondence from Brambles indicating they were not able to attend today but they consent to the application by the Union on the basis of the submissions that have been put to me today, I am satisfied that I should exceed to the application by the CFMEU to vary the Mobile Crane Hiring Award 2002. I am satisfied that the principles set out in the full bench safety net review decision of 2003 have been met in relation to the application and will vary the award in terms of the draft order CFMEU1. The order will come into force from the beginning of the first pay period commencing on or after the 28th May 2003 and if there is nothing further in relation to these matters they are now adjourned.

ADJOURNED INDEFINITELY [10.18am]