C2003/2637, Transcript of Proceedings [2003] AIRCTrans 2474 (17 June 2003)

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TRANSCRIPT OF PROCEEDINGS


AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

C2003/2637

BITUMEN SPRAYING SERVICES
AWARD 1999

Application under section 113 of the Act
by the Transport Workers' Union of
Australia to vary the above award
re Safety Net Review - May 2003

MELBOURNE

10.05 AM, MONDAY, 2 JUNE 2003

PN1

THE VICE PRESIDENT: Can I have the appearances please?

PN2

MS J. TISDALE: I appear for Transport Workers' Union, with

PN3

MS H. RYALL.

PN4

THE VICE PRESIDENT: Thank you, Ms Tisdale. I note there is no appearance by the employer. Were they served with notice of the application and the time and date of hearing, Ms Tisdale?

PN5

MS TISDALE: They were, your Honour, although perhaps a little late in the piece. Each of these applications, employers were served only on 27 May by registered post. We were contacted by one of those served, Mr Willy Anderson from BP, to indicate that that company had sold their interest in the business to the other respondent, so we are certainly aware that they got the notice. I can hand up a statement of service.

PN6

THE VICE PRESIDENT: Thank you, Ms Tisdale. Can you tell me why it is that we notified the union at 11.35 am on 19 May, why did it take them until 27 May to serve copies?

PN7

MS TISDALE: Your Honour, it is actually quite an extraordinary logistical process. Ms Ryall of our office has been working on producing the calculations and the draft orders for over 50 applications full-time - - -

PN8

THE VICE PRESIDENT: Okay.

PN9

MS TISDALE: - - - for the last two weeks, so that is the reason. We did - - -

PN10

THE VICE PRESIDENT: When is the 12 months - - -

PN11

MS TISDALE: The 12 months is up on 30 June.

PN12

THE VICE PRESIDENT: Okay.

PN13

MS TISDALE: I was going to suggest, if your Honour pleases, that the order be made perhaps operative in - that the order be made or signed perhaps seven or 14 days from today to give the respondents an opportunity to check the calculations and contact us if they have any concerns.

PN14

THE VICE PRESIDENT: But operative from 30 June?

PN15

MS TISDALE: Yes, your Honour.

PN16

THE VICE PRESIDENT: Yes. Probably the - yes. Okay, do you have a calculation sheet in relation to it, Ms Tisdale?

PN17

MS TISDALE: We do, your Honour, and that was served on - this is the summary calculation sheet, your Honour, that details the percentage increases for the work related and expense related allowances, and indicates the key classification that has historically been used.

PN18

THE VICE PRESIDENT: Okay. All right, thank you. Do I take it that the union gives the commitment as to absorption in paragraph 8(d) of the principles?

PN19

MS TISDALE: Yes, that is correct, we do.

PN20

THE VICE PRESIDENT: And I note there is an off-setting clause proposed also.

PN21

MS TISDALE: Yes.

PN22

THE VICE PRESIDENT: All right. Well, I indicate that I am satisfied the application is consistent with the Safety Net Review Wages May 2003 decision, and I will issue an order in the form sought. I will take the opportunity, it will operate from 30 June 2003. I will provide the employer parties with a period until 4 pm, Tuesday of next week to advise me as to whether or not they have any corrections or whether they wish to say anything about the order. My associate will send them a short note to that effect later on today.

PN23

MS TISDALE: Thank you, your Honour.

ADJOURNED INDEFINITELY [10.09am]