C2003/2202, Transcript of Proceedings [2003] AIRCTrans 2439 (17 June 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 2965

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER MANSFIELD

C2003/2202

CLERKS (ROAD TRANSPORT INDUSTRY)
AWARD 2002

Application under section 113 of the Act
by Australian Municipal, Administrative,
Clerical and Services Union to vary the
above award re the Safety Net Review -
Wages May 2003 Decision

MELBOURNE

10.44 AM, FRIDAY, 30 MAY 2003

PN1

MR J. NUCIFORA: I appear on behalf of the Australian Services Union.

PN2

MS J. WHITECROSS: I am from the Victorian Employers Chamber of Commerce and Industry. I also appear on behalf of the Australian Road Transport Industrial Organisation who are unfortunately an apology for this morning's hearing.

PN3

MR T. HALLS: I appear on behalf of the Australian Industry Group.

PN4

THE COMMISSIONER: Mr Nucifora.

PN5

MR NUCIFORA: Thank you, Commissioner.

PN6

THE COMMISSIONER: This is a matter that goes to this West Australian issue?

PN7

MR NUCIFORA: Yes, it does, Commissioner. I will try and answer that to the best of my ability. I wasn't the author of this particular - - -

PN8

THE COMMISSIONER: Mr Nucifora, I don't need an explanation or anything.

PN9

MR NUCIFORA: An explanation of that, no.

PN10

THE COMMISSIONER: I just really basically need to know what the parties want to do at this stage.

PN11

MR NUCIFORA: Yes. Well, at this stage they have sought to, as in the previous matter - raised in the previous matter before you, sought to leave out those rates in West Australia and that will be dealt with at a later date. That allowed for obviously there to be consent to the final draft of the order, but by way of service, Commissioner, if I may tender as an exhibit a copy of a declaration of service. This is the original draft order. It is - that declaration of service, I only have one, but if that is okay for the file that includes - - -

PN12

THE COMMISSIONER: Yes, that is - of course it is fine.

PN13

MR NUCIFORA: - - - the transmission report - you can see that the author has been more diligent than I have in other matters and actually getting a declaration of service signed.

EXHIBIT #M1 DECLARATION OF SERVICE

PN14

MR NUCIFORA: Commissioner, N1 includes, of course, notification to the various employers included in the order for substituted service that was issued by the Commission and, of course, there are - the various transmission reports are included. They are confirming that the various employer organisations were served. Commissioner, if I could - as a result of that West Australian matter I believe that was the only amendment, but there is now a final draft order which includes the amendments and a copy of this I did send through. It should be 2000 - safety net adjustment 2003 draft order, volume - or V4 in the e-mail version that I e-mailed through to your association this morning.

PN15

THE COMMISSIONER: Yes, I have got a copy of a fax version here, but thank you, Mr Nucifora.

EXHIBIT #N2 SAFETY NET ADJUSTMENT 2003 DRAFT ORDER

PN16

MR NUCIFORA: Commissioner, sorry, that was exhibit N2, and that has changed in terms of the - certainly the allowances that related to West Australia. Otherwise everything remains the same. So they have actually come out of that particular draft order. It includes the absorption clause at item A5 - the necessary absorption clause for the May 2003 safety net adjustment and the ASU gives the necessary commitment to that absorption clause pursuant to principle 8(d). We also refer you there to 14 June as the operative date which is 12 months from the previous wage increase.

PN17

I have got to say, Commissioner, I don't think I have the previous print number for that wage increase but my understanding it is 12 months prior to the - 12 months after the previous safety net adjustment in - I refer you there to print PR919779 and indeed the operative date was 14 June 2002. Otherwise it is my understanding that there is consent for Mr Halls and Ms Whitecross on behalf of the employer organisations and others that have notified our office as per the order for substituted service. We seek that the $17 wage increase and the various related allowances be varied operative prospectively from 14 June, approved today. If the Commission pleases.

PN18

THE COMMISSIONER: Thanks, Mr Nucifora. Ms Whitecross.

PN19

MS WHITECROSS: If the Commission pleases. Commissioner, VECCI has undertaken to review the draft order, not only on behalf of our organisation but also on behalf of ARTIO and accept that the calculations contained therein are consistent with the Full Bench's decision in the Safety Net Review Decision of 2003, print number PR002003, and thus would not oppose the ASUs application within the terms sought in exhibit N2, understanding that being the draft order, version 4. If the Commission pleases.

PN20

THE COMMISSIONER: Thanks, Ms Whitecross.

PN21

MR HALLS: If the Commission pleases. The Australian Industry Group has checked the rates and allowances in the draft order provided by the union and we believe all amounts have been adjusted in accordance with the May 2003 safety net review decision. I would also just like to note that we would also support the agreed course of action between WACCI and the ASU in relation to the Western Australian district allowances and we think it is appropriate that they be provided after the Western Australian Industrial Relations Commission has made its decision on that.

PN22

THE COMMISSIONER: Good. Thanks, Mr Halls. So do I take it, Ms Whitecross, that you are looking for an opportunity to check the figures before the order is issued?

PN23

MS WHITECROSS: No, Commissioner. With respect we have already checked the orders.

PN24

THE COMMISSIONER: You have.

PN25

MS WHITECROSS: And we deem that they are correct and consistent with the Full Bench's decision.

PN26

THE COMMISSIONER: Okay, thank you. Taking account of the submissions that have been made by the parties, the variation to the award as sought will be made to include the safety net adjustment for 2003 and it will be operative from the first pay period commencing on or after 14 June. This matter is now adjourned.

ADJOURNED INDEFINITELY [10.51am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #M1 DECLARATION OF SERVICE PN14
EXHIBIT #N2 SAFETY NET ADJUSTMENT 2003 DRAFT ORDER PN16