C2003/2219, Transcript of Proceedings [2003] AIRCTrans 2395 (17 June 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 2942

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C2003/2219

DEPARTMENT OF HUMAN SERVICES
(NURSES) AWARD 2002

Application under section 113 of the Act
by the Australian Nursing Federation to
vary the above award re the Safety Net
Review Wages May 2003 Decision

MELBOURNE

11.14 AM, THURSDAY, 29 MAY 2003

PN1

MS L. KELLY: I appear on behalf of the Australian Nursing Federation with MR B. MEGENNIS.

PN2

MS M. ALI: I appear on behalf of the Department of Human Services.

PN3

THE SENIOR DEPUTY PRESIDENT: How do you spell Ali, please?

PN4

MS ALI: A-l-i.

PN5

THE SENIOR DEPUTY PRESIDENT: Straightforward. Yes, thank you, Ms Ali. Ms Kelly.

PN6

MS KELLY: Thank you, your Honour. This section 113 application to vary the Department of Human Services (Nurses) Award 2002 has been made and dealt with in the same manner as the first application sought by the ANF today. I can inform you that the relevant party has been informed of this hearing and provided a copy - - -

PN7

THE SENIOR DEPUTY PRESIDENT: Well, the relevant party is here. I don't need any further proof than that, thank you.

PN8

MS KELLY: There is only one other.

PN9

THE SENIOR DEPUTY PRESIDENT: Is there another respondent to the award?

PN10

MS KELLY: Sorry?

PN11

THE SENIOR DEPUTY PRESIDENT: Is there any other respondent to the award?

PN12

MS KELLY: No.

PN13

THE SENIOR DEPUTY PRESIDENT: Well, I don't need to trouble you with evidence of service.

PN14

MS KELLY: You don't need that?

PN15

THE SENIOR DEPUTY PRESIDENT: NO.

PN16

MS KELLY: Okay.

PN17

THE SENIOR DEPUTY PRESIDENT: You did fax to my chambers a draft order. Is that still the order that you seek?

PN18

MS KELLY: Yes, the draft order faxed to your chambers hasn't changed.

EXHIBIT #ANF1 DRAFT ORDER

PN19

MS KELLY: I have had some minor discussion with the other party today regarding how the annual adjustments were made. That has been explained. I don't think there is any further questions there but I will let her speak to that if she has any questions. I am not aware of any points of contention in the draft order. The cents in the vehicle allowance clause at clause 5 of the draft order have been rounded off. There is nothing else to comment on other than the key classification for division ones was 2.87 per cent.

PN20

I have nothing further to add other than again we will check that the supported wage provision of this award is consistent with the Full Bench decision and have discussions to that effect and advise the Commission accordingly if the award needs to be varied forward. Thank you.

PN21

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Ms Ali.

PN22

MS ALI: Thank you, your Honour. I only received this draft order into my hand this morning. We have had the opportunity to review as much as possible in regard to that and have no objection on the face of it to the ANFs application. However, I would respectfully seek seven days with which to check the rates and then accordingly enter into any discussions with the ANF.

PN23

THE SENIOR DEPUTY PRESIDENT: Yes, very well. I will vary the award in the terms of exhibit ANF1. The order won't be made for seven days but it will be made unless I hear that there is a problem of some sort, in which case I will deal with it. It will operate from the first pay period on or after 22 June 2003. Thank you.

ADJOURNED INDEFINITELY [11.14am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ANF1 DRAFT ORDER PN19