C2003/2408, Transcript of Proceedings [2003] AIRCTrans 2231 (12 June 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER CARGILL

C2003/2408

BUILDING AND CONSTRUCTION INDUSTRY
(NORTHERN TERRITORY) AWARD 2002

Application under section 113 of the Act by
Construction, Forestry, Mining and Energy Union
to vary re safety net review - wages May 2003

SYDNEY

12.01 PM, FRIDAY, 23 MAY 2003

Adjourned sine die

PN1

THE COMMISSIONER: Could I have appearances please.

PN2

MR B. STIRLING: If the Commission pleases. I appear for the Construction, forestry, Mining and Energy Union.

PN3

MS S. DENNINGTON: If it pleases the Commission. I appear for the Territory Construction Association.

PN4

MS B. ROBERTS: I appear for the N.T. Chamber of Commerce and Industry and with me is my associate Tracey Rogers.

PN5

THE COMMISSIONER: Yes, Mr Stirling.

PN6

MR STIRLING: Commissioner, this is an application to amend this award pursuant to the safety net adjustment My 2003. The application applies the $17 increase awarded by the full bench across the various wage rates in the award and increases allowances by 3.2 percent. I should indicate there was a difficulty in this draft order in that this award deals slightly differently with the tool allowance and other construction awards. The tool allowance is included in the weekly rate and so I have issued to the various parties in Darwin, a new amended order to reflect that. I have undertaken to forward a new draft order for the Construction Association, they were not in receipt of that but I have undertaken to send them a copy this afternoon.

PN7

I can indicate that the allowances are adjusted in accordance with principle 5 of the full bench's decision and that in 5.1.1A of the order there is part of part 1 of the order, it deals with the issue of absorption and I can give an undertaking in respect of that on behalf of the union. My understanding Commissioner, is that the draft order meets with the consent of the parties. I commend the change to the Commission.

PN8

THE COMMISSIONER: Could I have a copy please Mr Stirling.

PN9

MR STIRLING: Oh, I beg your pardon Commissioner. Yes, I can make available a copy of the draft order and also proof of registered service.

PN10

THE COMMISSIONER: All right. I'll mark the draft order as CFMEU1.

EXHIBIT #CFMEU1 DRAFT ORDER

PN11

THE COMMISSIONER: Ms Dennington.

PN12

MR GILLINGHAM: Commissioner, the Territory Construction Association consents to the revised draft order.

PN13

THE COMMISSIONER: Thank you. Ms Roberts.

PN14

MS ROBERTS: Yes, the N.T. Chamber of Commerce and Industry also consent to the revised draft order that we received on 19 May. Thank you.

PN15

THE COMMISSIONER: Thank you. I should just indicate for the record that I have had a fax from the Australian Liquor Hospitality Miscellaneous Workers Union indicating that they weren't able to be here today but they have no objection to the award being varied in the manner proposed. I don't know whether they have seen the amended order but I don't imagine there would be any difficulty, even if they haven't, but maybe you could ensure Mr Stirling that they have actually got the amended order.

PN16

MR STIRLING: Yes, Commissioner.

PN17

THE COMMISSIONER: All right. Thank you. Well, on the basis of what's before me today, I am satisfied that the application by the Construction, Forestry, Mining and Energy Union to vary the Building and Construction Industry Northern Territory Award 2002 in relation to the safety net review wages decision meets the principles set out in that decision and I will vary the award as sought by the union. The variation will be in terms of CFMEU1 and the order is to come into force from the first pay period commencing on or after 28 May 2003 and if there's nothing further, the matter is now adjourned.

ADJOURNED INDEFINITELY [12.05pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #CFMEU1 DRAFT ORDER PN11