C0083/699, Transcript of Proceedings [2003] AIRCTrans 2496 (20 June 2003)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N 3105

~~AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C No 00836 of 1999
C No 00837 of 1999
C2003/2658

TRANSPORT WORKERS (DISTRIBUTION FACILITIES) AWARD 1996

TRANSPORT WORKERS (DISTRIBUTION FACILITIES - NEW SOUTH WALES) AWARD 1996

Review under Section 51, Item 51, Schedule 5,
Transitional WROLA Act 1996 re conditions of
employment

TRANSPORT WORKERS (DISTRIBUTION FACILITIES) AWARD 1996

Application under section 113 of the Act to vary the
above award

MELBOURNE

10.38 AM, WEDNESDAY, 4 JUNE 2003

PN1

MS J. TISDALE: I appear on behalf of the Transport Workers Union.

PN2

MR P. RYAN: I seek leave to appear as an agent for the Australian Road Transport Industrial Organisation.

PN3

MR D. NORTH: I appear on behalf of Linfox Australia.

PN4

THE SENIOR DEPUTY PRESIDENT: I don't think you need leave to appear, Mr Ryan, because ARTIO is registered, is it not?

PN5

MR RYAN: ARTIO is registered, but I am not a direct employee of ARTIO.

PN6

THE SENIOR DEPUTY PRESIDENT: I see. Thank you. Ms Tisdale, what is the position? I know that a draft consolidation award was distributed, and together with that there is the safety net adjustment. I wonder if you could tell me where we stand at the moment.

PN7

MS TISDALE: Yes, your Honour. The simplification of the award hasn't been before the Commission before. I understand there may have been a draft that the government department had done at some point, but we had independently, some of the employers and myself, had independently been working on our own draft simplified version of the award, and that is pretty much at final stage, except for one outstanding matter. We were seeking to update the classification structure a little more and make it more relevant to the kind of work that the award is covering. That is pretty close to being done. I can hand up a copy of the current draft as it stands. It still does refer to his Honour, SDP Kaufman, but we will amend that.

EXHIBIT #T1 DRAFT AWARD

PN8

MS TISDALE: This version of the award which we are looking to call the Transport Workers Freight Logistics Award, just needs to be updated for 2003 safety net increases and the variation to the classification structure, and it is ready to go. And we think that that could be done within a couple of weeks to finalisation. The application for the safety net increase isn't due to take effect until 17 July, so we think it could be done - sorry, 13 July, so it could be done before that time. I do have a statement of service to hand up, your Honour, for the file that attests to service of the draft order and application and hearing notice for the safety net matter today.

PN9

THE SENIOR DEPUTY PRESIDENT: Thank you. And copies will be placed at both files to keep track of it.

EXHIBIT #T2 STATEMENT OF SERVICE RE DRAFT ORDER, APPLICATION AND HEARING NOTICE

PN10

MS TISDALE: The employers have only had that for a short amount of time, and I understand that they would feel more comfortable if that order wasn't made immediately so that they have got some more time to check the calculations. But if we are looking to do the whole thing in one, then there will be plenty of time for them to do that.

PN11

THE SENIOR DEPUTY PRESIDENT: It seems that is the appropriate course, Ms Tisdale. Yes, Mr Ryan?

PN12

MR RYAN: We have got no objection to the process outlined by Ms Tisdale, and we will be engaging in discussions hopefully leading to a conclusion to the simplification of this award over the next couple of weeks. I just reiterate the point that one of the things that we are keen to do is, as the transport industry develops and becomes more into a freight logistics, it is becoming a more important label, so we probably - we would seek to have the award name changed at the same time as well, your Honour.

PN13

THE SENIOR DEPUTY PRESIDENT: Well, that might be a problem. If agreement can be reached, Mr Ryan. Mr North?

PN14

MR NORTH: Thank you, your Honour. Similarly we have no objection to the process outlined by the TW, and hopefully we can finalise these issues quickly. If the Commission pleases.

PN15

THE SENIOR DEPUTY PRESIDENT: Good. Well, could I ask you one thing. The New South Wales award, I heard a rumour that that may be able to be set aside.

PN16

MS TISDALE: That is our position. That award has never actually been in use. Linfox are the only respondent to that award, so I am not sure they have got instructions, Mr North has got instructions on their view on that today, but hopefully that can be ascertained quickly, and that is our view.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes. Well, we have it on at 11.15. It is just a matter of whether we need people to hang around. If Linfox is the only respondent, then I wouldn't want to detain you, if we can deal with that at the moment.

PN18

MR NORTH: Certainly, your Honour, I am happy to deal with that simultaneously.

PN19

THE SENIOR DEPUTY PRESIDENT: Well, what we might do then is, we will call on the matter that is listed for 11.15.

C No 00837 of 1999

TRANSPORT WORKERS (DISTRIBUTION FACILITIES - NEW SOUTH WALES) AWARD 1996

PN20

THE SENIOR DEPUTY PRESIDENT: Just for the record, I will take the appearances.

PN21

MS J. TISDALE: I appear on behalf of the Transport Workers Union.

PN22

MR D. NORTH: I appear on behalf of Linfox Australia.

PN23

THE SENIOR DEPUTY PRESIDENT: Well, in this matter I propose to join it for future hearings with the other two matters before the Commission, that is, the matter in C number 00836 of 1999 and C2003/2658. I think the next thing is to find a date that is convenient to us all. About two weeks?

PN24

MR RYAN: Make it three, your Honour, if we can.

PN25

THE SENIOR DEPUTY PRESIDENT: Yes. Well, sometime in the week of the 23rd, is that convenient?

PN26

MR RYAN: Yes.

PN27

THE SENIOR DEPUTY PRESIDENT: Well, the Thursday or the Friday would suit me better.

PN28

MR NORTH: That will be fine with me, your Honour.

PN29

MR RYAN: That would be fine.

PN30

THE SENIOR DEPUTY PRESIDENT: Well, we will make it Thursday, the 26th.

PN31

MR RYAN: Yes. What time?

PN32

THE SENIOR DEPUTY PRESIDENT: 10.30, and all three matters will be listed. All of these matters will be adjourned till 10.30 am on Thursday, 26 June, in Melbourne, when it is hoped to finalise all of the arrangements. We will adjourn on that basis.

ADJOURNED UNTIL THURSDAY, 26 JUNE 2003 [10.46am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #T1 DRAFT AWARD PN8
EXHIBIT #T2 STATEMENT OF SERVICE RE DRAFT ORDER, APPLICATION AND HEARING NOTICE PN10