|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Australian Industrial Relations Commission Transcripts |
AUSCRIPT PTY LTD
ABN 76 082 664 220
Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
DX 305 Melbourne Tel:(03) 9672-5608 Fax:(03) 9670-8883
TRANSCRIPT OF PROCEEDINGS
O/N 2938
AUSTRALIAN INDUSTRIAL
RELATIONS COMMISSION
SENIOR DEPUTY PRESIDENT KAUFMAN
C2003/2215
NURSES (VICTORIAN HEALTH SERVICES)
AWARD 2000
Application under section 113 of the Act
by Australian Nursing Federation to vary
the above award re the Safety Net Review
- Wages May 2003 Decision
MELBOURNE
10.43 AM, THURSDAY, 29 MAY 2003
PN1
MS L. KELLY: I appear on behalf of the Australian Nursing Federation with MR B. MEGENNIS.
PN2
MS J. WHITECROSS: I am from the Victorian Employers Chamber of Commerce and Industry appearing on behalf of organisations respondent to this award.
PN3
MS J. FRAUMANO: I seek leave to appear for clients that are respondent to this award.
PN4
MR A. HOLMES: I seek leave to appear on behalf of Benchmark Health Care and other respondents to the award who are clients of Service Industry Advisory Group.
PN5
THE SENIOR DEPUTY PRESIDENT: Yes, Ms Kelly.
PN6
MS KELLY: Thank you, your Honour. The matter before you today is a section 113 application for variation to the Nurses (Victorian Health Services) Award 2000 to give effect to the Safety Net Review Wages May 2003 Decision, PR002003. I can advise you that the parties listed in the application granted for substituted service were advised of today's hearing through mail forwarded to them by fax on 20 or 21 May this year.
PN7
This mail included the order for substituted service, the notice of listing fixing a time and place of hearing, a copy of the proposed draft order - the first page of the current Consumer Price Index lists the percentage changes in the cost of living for the March 2002 quarter to the March 2003 quarter - plus accompanying letter advising how the safety net adjustments were calculated, including ANF contact details regarding comments and queries over the draft order. I forwarded to your Honour on Tuesday of this week copies of the letters and draft orders that ANF mailed to the parties named in the order for substituted service.
PN8
If required for the Commission records I have copies of the fax transmission reports conforming mail delivery to each relevant party. If I can hand up - - -
PN9
THE SENIOR DEPUTY PRESIDENT: Yes, I think I should have a copy of all of the documents that you have sent to the parties for the file for each party. I have a rather large facsimile that was received from your organisation but I am not quite sure what to make of it.
PN10
MS KELLY: I faxed to your office a letter dated 27 May.
PN11
THE SENIOR DEPUTY PRESIDENT: Yes, fax cover sheet dated 27 May with 53 pages and beyond acknowledging that I have received it that is all I am saying about it.
PN12
MS KELLY: Okay. There was a letter accompanying that, the fax.
PN13
THE SENIOR DEPUTY PRESIDENT: Yes, attached copies of proposed orders.
PN14
MS KELLY: Okay. I can hand up copies of the - - -
PN15
THE SENIOR DEPUTY PRESIDENT: I think it is desirable in respect of each matter - I don't know if you want to disassemble your large fax, but what I have got is a letter of the 27th and I seem to have the first award - the one with which we are dealing and the CPI.
PN16
MS KELLY: Look, it is probably just as easy - I have spare copies here of what I - - -
PN17
THE SENIOR DEPUTY PRESIDENT: I think that is fair enough. I don't quite know - - -
PN18
MS KELLY: - - - faxed out to the parties on the - dated 20 May. So I can hand that up along with the fax transmission reports to you now.
PN19
THE SENIOR DEPUTY PRESIDENT: Yes, and I will mark that as an exhibit and it will be on the file too. This documentation you have handed me is in respect of this matter only, is it?
PN20
MS KELLY: Yes.
PN21
THE SENIOR DEPUTY PRESIDENT: Yes. And there is a bundle of fax cover sheets to the - - -
PN22
MS KELLY: With respect to this matter only.
PN23
THE SENIOR DEPUTY PRESIDENT: With respect to this matter and that indicates service on the entities required to be served by the order for substituted service, does it?
PN24
PN25
THE SENIOR DEPUTY PRESIDENT: Yes.
PN26
MS KELLY: The parties that received the information I have just handed up are listed in the footnote at the bottom of the covering letter.
PN27
THE SENIOR DEPUTY PRESIDENT: Yes, and you are referring to a letter dated 20 May 2003, are you?
PN28
MS KELLY: Yes.
PN29
THE SENIOR DEPUTY PRESIDENT: And the one you have handed to me is to Mr Rahilly of Clare Dewan and Associates?
PN30
MS KELLY: That is right. That is a copy to them, and it was the same; just addressed differently.
PN31
THE SENIOR DEPUTY PRESIDENT: Yes, so each of those by fax.
PN32
MS KELLY: To each of the parties named at the bottom.
PN33
THE SENIOR DEPUTY PRESIDENT: Yes, and you attached the order for substituted service you say.
PN34
MS KELLY: No, that isn't included in this bundle of documents. That was what I had faxed to your offices earlier. If you - well, I have copies of that in the file but I just don't have additional copies of that available.
PN35
THE SENIOR DEPUTY PRESIDENT: No, what I am anxious to ensure, Ms Kelly, is that on the file there is evidence that you informed the respondents of the notice of listing today and the application. Now, what I have attached to this letter dated 20 May, is the draft order.
PN36
MS KELLY: Draft order.
PN37
THE SENIOR DEPUTY PRESIDENT: And the CPI.
PN38
MS KELLY: The CPI Index; that is correct.
PN39
THE SENIOR DEPUTY PRESIDENT: Yes, that is all. I don't have any evidence of what else you sent to the parties, but I notice - just bear with me for a moment. I notice from the letter that you indicate:
PN40
That the following documents are attached: order for substituted service, notice of listing, notice fixing the time and place of hearing, draft order and the CPI Index.
PN41
Were those documents attached?
PN42
MS KELLY: Yes, those documents were all attached.
PN43
PN44
THE SENIOR DEPUTY PRESIDENT: Yes.
PN45
MS KELLY: Thank you, your Honour. Your Honour, to date there has been minimal feedback to the ANF over the draft order, with that received to the ANF being in the main positive and agreeable to the proposed variation, with just a few questions at different times on how amounts were calculated. The proposed variations to the award were calculated firstly in accordance with the arbitrated safety net adjustment for 2003. The various award rates up to and including $731.80 per week were increased by $17 and by $15 for weekly award rates above $731.80.
PN46
Second, in accordance with principle 5(a) of the statement of principles regarding existing allowances which constitute a reimbursement of expenses, as on previous occasions with safety net variations for this award the consumer price index was used. The relevant CPI percentages were 3.9 per cent for food, 0.2 per cent for clothing and footwear and 5 per cent for transportation. Third, in accordance with principle 5(c) and (d) the method of adjustment for allowances which relate to work or conditions which have not changed the service increments, was consistent with the Furnishing and Glass Industries Allowances Decision, print M9675.
PN47
These percentage rates of adjustment were determined by dividing the relevant monetary safety net increase of $17 in all cases by the rate of pay of a key classification immediately prior to the application of this safety net increase and multiplying that by 100. The key classifications in this award are division 1, grade 2, year 2; division 2 enrolled nurse, pay point 1; division 5 mothercraft nurse, wage group A, year 1. Finally, the proposed variation includes inserting the Federal adult minimum wage of $448.40 per week and also as required by principle 8(e), the Federal minimum wage absorption clause.
PN48
Your Honour, the ANF hopes you will view our application favourably and grant the variation in the terms of the draft orders submitted to the Commission. If the Commission pleases.
PN49
THE SENIOR DEPUTY PRESIDENT: Yes, sorry. Ms Whitecross.
PN50
MS WHITECROSS: If the Commission pleases. Your Honour, VECCI has taken the opportunity to review the draft order forwarded to our office on 20 May and is satisfied that it is consistent with the Full Bench's decision in the Safety Net Review Decision of 2002, print number PR002003 and thus would not oppose the ANFs application on the terms sought. If the Commission pleases.
PN51
THE SENIOR DEPUTY PRESIDENT: Yes. Has any consideration been given to the disability sector as required by the National Wage Case - or the Safety Net Review Case. I am just trying to find the paragraph. I just can't put my finger on the appropriate paragraph at the moment. I have got it marked in a different copy.
PN52
MS WHITECROSS: Does your Honour mean 10.2.2?
PN53
THE SENIOR DEPUTY PRESIDENT: No, clause - paragraph 238. It is the model supported wage clause that you are required to give consideration to. Nobody has told me anything about that.
PN54
MS WHITECROSS: If I may, your Honour, I believe that there are provisions under this award for the supported wage. I would refer the parties to clause 10.2.2 of the award that talks about the fact that adults employed under the supported wage clause shall continue to receive a wage rate determined under that clause. I am just not sure if that rate is the $56 as specified as by the Full Bench in the Supported Wage Case Decision. From VECCIs point of view VECCI in principle would be supportive of the insertion of the supported wage provisions if deemed necessary by the parties and would commit to enter into discussions with the ANF for determining the appropriateness of that clause. If the Commission pleases.
PN55
THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Whitecross. Ms Fraumano.
PN56
MS FRAUMANO: Thank you, your Honour. I would like to confirm our office received the documentation on 20 May 2003. We have had the opportunity to check the order and have sought clarification with Ms Kelly in respect to a couple of the matters. We are satisfied that the order reflects the decision in the safety net review and would not oppose the amendment to the award. We would support VECCIs position in terms of the issue your Honour has raised and would not object to discussions to have an appropriate clause inserted.
PN57
THE SENIOR DEPUTY PRESIDENT: If it is not already there.
PN58
MS FRAUMANO: If it is not there.
PN59
THE SENIOR DEPUTY PRESIDENT: Yes, it seems that it may well be. Yes, thank you. Mr Holmes.
PN60
MR HOLMES: Thank you, your Honour. Again, we have had the advantage of scrutinising and assessing the documents which are before you as part of the application this morning. We don't wish to make any particular points, having considered those matters and have agreed with the calculations which accompany the application. Sir, in respect of any deficiency that might exist in terms of the terms of the draft order we would be happy to entertain discussions with the applicant party if that was necessary.
PN61
However, my own assessment is that that won't really be necessary given the comments and points of view made by my colleague, Ms Whitecross, on the matter. I believe that they are substantially covered in the order in any case. Thank you, sir.
PN62
THE SENIOR DEPUTY PRESIDENT: Yes. Ms Kelly, do you know whether the supported wage clause is up to date?
PN63
MS KELLY: Look, to be honest I would have to read through the decision relevant to that paragraph 238 and anything else in the decision regarding the supported wage and review it in light of what - in the current draft order at 10.2.2 and make further amendment with the agreement of the other parties if necessary. We would have no objection to re-looking at it and doing that.
PN64
THE SENIOR DEPUTY PRESIDENT: Yes, very well.
PN65
MS KELLY: Thank you.
PN66
THE SENIOR DEPUTY PRESIDENT: In that case I will make the order sought. It is - the draft that appears as part of exhibit ANF2 is the appropriate draft, is it, Ms Kelly?
PN67
MS KELLY: Yes, your Honour.
PN68
THE SENIOR DEPUTY PRESIDENT: Yes. I will make the orders sought in terms of that draft. It will operate from the first pay period on or after 22 June 2003. Thank you.
ADJOURNED INDEFINITELY [10.59am]
INDEX
LIST OF WITNESSES, EXHIBITS AND MFIs |
AustLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.austlii.edu.au/au/other/AIRCTrans/2003/2382.html