C2003/2176, Transcript of Proceedings [2003] AIRCTrans 2352 (13 June 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 2907

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2003/2176

STORAGE SERVICES - FRUIT PACKING
- VICTORIA - AWARD 2002

Application under section 113 of the Act
by the National Union of Workers to vary
re the safety net review - wages May 2003
decision

MELBOURNE

9.45 AM, WEDNESDAY, 28 MAY 2003

PN1

MR T. KENNEDY: I appear on behalf of the National Union of Workers.

PN2

THE SENIOR DEPUTY PRESIDENT: I note again that the union has filed a statement of service executed by Mr Sword.

EXHIBIT #NUW1 STATEMENT OF SERVICE

PN3

THE SENIOR DEPUTY PRESIDENT: That indicates that the Victorian Employers Chamber of Commerce and Industry have been served with notice of these proceedings consistent with an order for substituted service executed on 9 May 2003. I note in that respect that Janet Whitecross from VECCI has corresponded by e-mail to my associate, a copy to Mr Kennedy, indicating that VECCI is unable to appear today but acknowledge receipt of the draft order in respect to the application and notice of hearing.

PN4

The e-mail, which I will mark VECCI1, also advises that VECCI is satisfied that wage and allowance adjustments in each of the draft orders submitted conform with the safety net review 2003 principles and on that basis there is no objection to the variation sought.

EXHIBIT #VECCI1 E-MAIL FROM JANET WHITECROSS FROM VECCI

PN5

THE SENIOR DEPUTY PRESIDENT: Mr Kennedy.

PN6

MR KENNEDY: Thank you, your Honour. In that case I will simply go straight to the draft order that we are seeking to have made today. We have varied the minimum weekly rates in the award by $17 per week. The union has also sought to include the new absorption or safety net clause that goes in the award underneath the wage wages and we give the required commitment to the matters raised in the Full Bench decision regarding absorption.

PN7

We have varied the various work related allowances and the meal allowance in the award by the established principles in this award and also we are seeking that the variations sought by the union come into effect from the first full pay period to commence on or after 31 May 2003 which would represent 12 months from the time which this award was last varied for these matters. Subject to any other questions you may have they are the extent of our submissions, your Honour.

PN8

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Kennedy. This is an application by the National Union of Workers made pursuant to section 113 of the Workplace Relations Act 1996 to vary the Storage Services - Fruit Packing - Victoria - Award 2002. A statement of service executed by Mr Sword filed in the Commission, marked NUW1, provides evidence of service of the proceedings and a copy of the draft order upon VECCI in compliance with an order for substituted service made on 9 May 1993.

PN9

Indeed VECCI has confirmed receipt of that material in an e-mail in exhibit VECCI1 and has indicated that it has had an opportunity to consider the draft order proposed and it is content that that is in compliance with the safety net review 2003 decision and on that basis there is no opposition to the variation sought. I am satisfied that the variation sought in terms of the draft order properly gives effect to the safety net review decision in print PR002003. The wage rates proposed are consistent with the safety net decision and the variation of expense allowances consistent with principle 5, as is the variation proposed to reimbursement allowances having regard to the Furnishing and Glass Industries allowance decision, print M9675.

PN10

The union has given me a required commitment in respect to absorption and the operative date sought is 12 months beyond the last adjustment in print PR918243. Accordingly I will vary the award in the terms sought in the draft order to have effect from the first full pay period to commence on or after 31 May 2003 and the order shall remain in force for a period of six months. I note that the supported wage provision in this award is in fact up to date having regard to the most recent variation in print PR918422. I will adjourn that matter.

ADJOURNED INDEFINITELY [9.51am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #NUW1 STATEMENT OF SERVICE PN3
EXHIBIT #VECCI1 E-MAIL FROM JANET WHITECROSS FROM VECCI PN5