C2003/2234, Transcript of Proceedings [2003] AIRCTrans 2264 (12 June 2003)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N 2798

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOLMES

C2003/2234

HIGHER EDUCATION WORKERS VICTORIA
(INTERIM) AWARD 1993

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

MELBOURNE

10.09 AM, MAY, 22 MAY 2003

PN1

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

PN2

MS E. FLOYD: I appear for the National Tertiary Education Industry Union.

PN3

MR K. CAMERON: I appear on behalf of the Australian Higher Education and Industrial Association, representing our member who are respondents to this award.

PN4

MR S. SMITH: I appear for Monash University.

PN5

THE COMMISSIONER: Thank you. Yes, Mr Frenzel.

PN6

MS FRENZEL: Commissioner, this is an application to vary the Higher Education Workers (Victoria) interim Award 1993 to implement the Safety Net Review decision found at print number 002003 and I would seek at this point to tender a copy of the draft order that the union is seeking.

EXHIBIT #F1 COPY OF DRAFT ORDER

PN7

THE COMMISSIONER: Yes, Ms Frenzel.

PN8

MS FRENZEL: Thank you, Commissioner. Commissioner, we seek to delete of rights contained in clause - subclause (a) of clause 6 Salaries, and insert the new rates set out on the first two pages of the order.

PN9

We would indicate that there has been considerable discussions between the parties about the terms of the - the terms of the order and as far as I am aware there was consent to the order being made as sought by the LHMU. I would also indicate that, with respect to this particular award, there are no reimbursement or work related allowances that need to be varied with respect to the implementation of the safety net review decision.

PN10

I might also indicate this as an aside, that I am aware that there was a conference this morning before the Commission with respect to the on-going simplification of this award. This is an issue which we don't have any difficulty with, about deleting the three different columns and just having the total minimum rate prescribed in the award and that matter I think will be dealt with fairly expeditiously through the award simplification process.

PN11

We would also indicate that we have inserted the absorption clause as required by the Commission and we seek to insert that at clause 6(f) and the LHMU gives the required undertaking in accordance with the decision and we would also indicate that the order should operate from the first pay period to commence on or after 25 July 2003, being 12 months from the time the award was last varied for the 2002 safety net review decision. We would commend the application to the Commission.

PN12

THE COMMISSIONER: Ms Frenzel, I did receive a letter from the University of Melbourne. I don't know whether you have seen that letter or not.

PN13

MS FRENZEL: No, I haven't.

PN14

THE COMMISSIONER: Effectively it says that the University has identified a number of mathematical errors in the draft order and had advised you accordingly. I am paraphrasing.

PN15

Subject to those required amendments being made by the LHMU and subject to the consent of Monash University, and I must say I am surprised - anyway - the University of Melbourne consents to the application to vary the award to include the 2003 safety net adjustments. Do I take it that exhibit F1 reflects a discussion and the outcome of those discussions about mathematical errors, Ms Frenzel.

PN16

MS FRENZEL: Yes, that is right.

PN17

THE COMMISSIONER: Thank you.

PN18

MS FRENZEL: And my friend, Ms Floyd, just pointed out that there is a slight typographical error in the C number at the top where we have got C I think it is 20,032, as opposed to 2003. Even with the error, Commissioner, I commend the application to the Commission.

PN19

THE COMMISSIONER: Yes. Ms Floyd.

PN20

MS FLOYD: Thank you, Commissioner. The NTEU, having looked at the last - the F1, agrees with those rates and we do not oppose the application. I would just like to put it on the record that there is actually three research institutes that have been roped into this award, and I am not aware that they have actually been advised of this application and we wouldn't want the employers to use that as an excuse to not pass on those rates, so I just put that on the record.

PN21

In respect of the supportive wages. There is no supportive wage in this award and we would submit that that matter should be dealt with through the item 51 review, which is currently before the Commissioner Duncan, if the Commission pleases.

PN22

THE COMMISSIONER: Yes. Mr Cameron.

PN23

MR CAMERON: Thank you, Commissioner. With respect to the exhibit F1, certainly we would concede that the rates contained in F1 are - the revised rates are correct. We would suggest that there are some other errors in that just in the heading of the document it is actually Industrial Relations Act 1988 that is somewhat antiquated and the ODN number for the Higher Education Workers (Victoria) Interim Award is actually 21926 of 1992, not 2129 of 1992.

PN24

THE COMMISSIONER: Thank you, Mr Cameron.

PN25

MR CAMERON: And, I also suggest that perhaps not all of the employees have been notified of these proceedings today. Certainly all my members have been but I know of others who were not aware of today's proceedings. Apart from those points, Commissioner, we would - - -

PN26

THE COMMISSIONER: Can you specify who?

PN27

MR CAMERON: Yes, I can indicate that the Ludwig Institute for Cancer Research has not been advised of these proceedings and they have - they were roped into this award some time ago. The others who - I haven't had discussions with but I understand are MacFarlane Burnet Intitute and the Howard Florey Institute as well. They are all research institutes who have been roped in by both the unions here today but haven't been notified of these proceedings.

PN28

THE COMMISSIONER: Yes. Mr Smith.

PN29

MR SMITH: Thank you, Commissioner. As Ms Frenzel has stated, there have been some discussions. The errors that had been identified have been corrected in F1 and we have no objection to the rates being varied as stated here in F1, together with those typographical errors that have already been pointed out. Thank you, Commissioner.

PN30

THE COMMISSIONER: Thank you. Ms Frenzel.

PN31

MS FRENZEL: Thank you, Commissioner. With respect to the typographical errors we do apologise to the Commission. With respect to those three research institutes which were roped into the award we undertake to write to those three institutes and enclose a copy of the draft order and ask them if they do have any objection and, if they do, to respond to us within a very short space of time. I would indicate that when we served the 2003 application we mistakenly thought that they were in fact members of the Australian Higher Education Industrial Association. But given that they are not, we will write to those three organisations and seek to resolve the issue as soon as possible. If the Commission pleases.

PN32

THE COMMISSIONER: All right. Well, I direct that you give them five working days in which to respond. Mr Cameron, is Ms Frenzel's understanding about their membership correct?

PN33

MR CAMERON: Yes, that is correct, Commissioner. They are not members of ours. We have occasionally done some work for one of those institutions but not the others. None of them are members of ours.

PN34

THE COMMISSIONER: Thank you. Subject to the union providing me with a copy of the responses of those organisations, it is my intention to grant the application with an effect from the first pay period commencing on or after June 25. There are some logistical problems in relation to that particular matter but through my associate we will deal with that issue, Ms Frenzel. In relation to the supported wage, do you have a view about that being dealt with in the award simplification process?

PN35

MS FRENZEL: I think that is the appropriate form, given that the award hasn't been yet simplified.

PN36

THE COMMISSIONER: Thank you. Which member of the Commission is dealing with it, do you know?

PN37

MR CAMERON: Senior Deputy President Duncan.

PN38

THE COMMISSIONER: Thank you. Well, I will send him a copy of the transcript of these proceedings once I receive it and include a note indicating that I had raised the matter and what the views of the parties are and it will be a matter for him to deal with then. The matter is adjourned.

ADJOURNED INDEFINITELY [10.20am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #F1 COPY OF DRAFT ORDER PN7