C2003/596, Transcript of Proceedings [2003] AIRCTrans 2482 (17 June 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER CARGILL

C2003/596

FOOD, BEVERAGES AND TOBACCO INDUSTRY -
AERATED WATERS - GENERAL AWARD 1998

Application under section 113 of the Act
by Australian Liquor, Hospitality and
Miscellaneous Workers Union to vary award
re safety net review - wages May 2003

SYDNEY

10.00 AM, MONDAY, 2 JUNE 2003

Adjourned sine die

PN1

THE COMMISSIONER: Can I have the appearances, please?

PN2

MS S. BENNETT: I appear on behalf of the Australian Liquor, Hospitality and Miscellaneous Workers Union.

PN3

MR J. CORLETT: If the Commission pleases, agent, on behalf of respondent members of Australian Business Industrial.

PN4

THE COMMISSIONER: Yes, Ms Bennett?

PN5

MS BENNETT: This is an application to vary the Food, Beverages and Tobacco Industry Aerated Waters General Award 1998 in accordance with the Full Bench in print No PR002003, that being the safety net review wages decision. The draft orders provided to the Commission have been revised and accordingly served on the parties. I will hand up a statement of service to that effect which also has attached to it the revised draft orders.

PN6

THE COMMISSIONER: Thank you.

PN7

MS BENNETT: I should probably seek to tender that document.

PN8

THE COMMISSIONER: That's got a copy of the order there, does it?

PN9

MS BENNETT: It does, attached.

PN10

THE COMMISSIONER: Seeing as it is all together it might be a bit hard to pull the order off, I will just mark the whole document as ALHMWU1.

EXHIBIT #ALHMWU1 STATEMENT OF SERVICE AND REVISED DRAFT ORDERS

PN11

MS BENNETT: Thank you, Commissioner. The order attached to attachment A seeks to vary the rates in accordance with the $17 increase awarded by the Full Bench and also seeks to increase various allowances in accordance both with the Glass Merchants formula and also the CPI and there is two explanation sheets attached which set out those calculations. I have had correspondence with Mr Corlett who is here at the table with me in relation to this matter and he drew attention to some errors in it which has resulted in the draft order being revised.

PN12

Commissioner, the union also can see appropriate commitment under principle 8D of the decision and seeks that the orders be made with an operative date of 7 June 2003 in accordance with the terms similar to the draft order.

PN13

THE COMMISSIONER: Thank you Ms Bennett. Yes, Mr Corlett?

PN14

MR CORLETT: I have had the opportunity to review the revised draft order and it is in accordance with I would submit the relevant decision by the Full Bench of the Commission, accordingly we would consent to the variation as sought effective from the first full pay period to commence on or after 7 June 2003.

PN15

THE COMMISSIONER: Thank you Mr Corlett. Well on the basis of the submissions that have been put today and what's before me I'm satisfied that I should grant the application by the Australian Liquor Hospitality and Miscellaneous Workers Union to vary the Food Beverages and Tobacco Industry - Aerated Waters - General Award 1998 to give effect to the safety net review wages decision of the Full Bench of this Commission of May 2003. The order giving effect to that variation will be in terms of attachment A to exhibit ALHMWU1 which has been tendered in these proceedings and the variation will take effect from the beginning of the first pay period to commence on or after 7 June 2003. This matter is now adjourned.

ADJOURNED INDEFINITELY [10.04am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ALHMWU1 STATEMENT OF SERVICE AND REVISED DRAFT ORDERS PN11