C2003/2330, Transcript of Proceedings [2003] AIRCTrans 2403 (17 June 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

C2003/2330

MUNICIPAL EMPLOYEES (ADELAIDE CITY
COUNCIL) AWARD 1998

Application under section 113 of the Act
by the Australian Services Union to vary
the above award re Safety Net Review - May 2003

ADELAIDE

2.25 PM, THURSDAY, 29 MAY 2003

PN1

THE SENIOR DEPUTY PRESIDENT: Can I have some appearances please?

PN2

MS A. MARTINI: If it please this Commission I appear on behalf of the Australian Services Union together with my colleague DONAGHY F.

PN3

MR S. ACTON: If it please the Commission I appear on behalf of the Association of Professional Engineers, Scientists and Managers Australia.

PN4

THE SENIOR DEPUTY PRESIDENT: Thank you. i can also advise the parties that I've received correspondence from the Adelaide City Council to the effect that Adelaide City Council advises that it has no objection to the award variation. Ms Martini?

PN5

MS MARTINI: Senior Deputy President, this is an application to vary the Municipal Employees (Adelaide City Council) Award 1998. We are seeking to increase salaries consistent with the Safety Net Review Wages Decision of May 2003 print PR002003 and to increase allowances consistent with the Furnishing and Glass Industries Allowance Decision and statement of principles. I have a copy of the draft order to submit, Senior Deputy President. This award also contains a supported wage minimum rates.

PN6

However the matter has not been discussed with the respondent and we would seek to make a separate application in relation to that. A copy of the application notice of listing and draft order was served on the respondent prior to the hearing. The key classification level for this award is level 1 step 2 and the increase of $17 a week equating to 887 per annum of $15 a week equating to 782 per annum has been applied to the relevant classification levels for all rates.

PN7

In terms of work-related allowances, they've been increased using the Furnishing and Glass Industry Allowance provision and that resulted in an increase of 3.23 per cent. We are also applying to have the meal allowance and travelling expenses varied. The meal allowance is varied taking into account the Meals Out and Take-away Food All Groups Index CPI and that resulted in a 3.03 per cent increase and the travelling expenses were increased in line with the CPI Private Motoring All Groups Index which is 5.31 per cent. The ASU gives a commitment regarding absorption as required in 8D of the statement of principles.

PN8

THE SENIOR DEPUTY PRESIDENT: Ms Martini, how quickly could the union engage in some discussions with the Adelaide City Council with respect to the supported wage rate?

PN9

MS MARTINI: Sir, I'm sure we could do that after the hearing and - - -

PN10

THE SENIOR DEPUTY PRESIDENT: Yes. So that if I were to, subject of course to what Mr Acton says, if I were to indicate that I would be prepared to vary the award fundamentally in terms of the existing draft order or that draft order as it might be amended so as to incorporate reference to the supported wage rates, if I was advised within say a week that the employer was in agreement with that proposition would that appear to you to be an appropriate approach?

PN11

MS MARTINI: Yes, we would be happy with that, sir.

PN12

THE SENIOR DEPUTY PRESIDENT: Very well, thank you. Mr Acton?

PN13

MR ACTON: Sir, just a couple of things if I may, Mr Senior Deputy President. We would support in general the application to be made by the ASU in relation to this matter and we would give the necessary undertakings as required by the statement of principles at clause 8D of the decision. Insofar as the supported wage issue is concerned, we think it would be ample time to talk to the Council and to make the necessary amendments that is required by the Commission and in accordance with that we would request that the application be considered in that light and therefore we would support in general the application made by the ASU.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Acton. I'm satisfied that the requisite undertakings have been provided in accordance with the May 2003 Safety Net Decision. I will indicate that I am proposing to vary the award in accordance with the terms of the draft order provided to me today with the addition of a variation so as to give effect to a wage of $56 in the relevant supported employment provisions in that award. That supported employment provision variation will be subject to my receipt of advice from the ASU within the next week, such that I am satisfied that the Adelaide City Council is in agreement with that proposal.

PN15

In the event that I do not receive that advice then the order that I will issue will be in accordance with the terms of the draft order provided to me today. In either event the order that will be issued will come into force from the beginning of the first pay period commencing on or after 14 June 2003 and will remain in force for a period of 6 months. I will adjourn the matter on that basis.

PN16

MR ACTON: Thank you, sir.

ADJOURNED INDEFINITELY [2.30pm]