C0054/498, Transcript of Proceedings [2003] AIRCTrans 2498 (20 June 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114J MELBOURNE Vic 3001)
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TRANSCRIPT OF PROCEEDINGS


O/N 3108

~~AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C No 00544 of 1998
C No 00545 of 1998
C2003/2059

SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES ASSOCIATION - COUNTRY ROAD CLOTHING PTY LTD WHOLESALE/RETAIL WAREHOUSE AND DISTRIBUTION CENTRE AWARD 1995-1997

SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES ASSOCIATION - COLES SUPERMARKETS AUSTRALIA PTY LTD WHOLESALE/RETAIL NATIONAL CONSOLIDATION CENTRE AWARD 1996

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

RETAIL AND WHOLESALE INDUSTRY - RETAIL DISTRIBUTION CENTRES SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES AWARD 2003

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

MELBOURNE

9.08 AM, WEDNESDAY, 4 JUNE 2003

Continued from 21.5.03

PN753

THE SENIOR DEPUTY PRESIDENT: You appear in all matters, no doubt, Mr Burke?

PN754

MR A. BURKE: Yes, I do, your Honour. I appear on behalf of the Shop, Distributive and Allied Employees Association.

PN755

MR B. CHARLES: I seek leave to appear on behalf of Country Road in matter 0544 of 1998, and also matter number 2059 of 2003.

PN756

MR A. YOANNIDIS: I appear on behalf of Coles Myer Limited. I appear in all matters as they relate to Coles Myer Logistics.

PN757

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Yes, Mr Burke?

PN758

MR BURKE: Your Honour, in relation to the matters today, we have made some applications earlier this week. Unfortunately I didn't have the C numbers before today, I was in Sydney yesterday, and have come straight here this morning. So I can perhaps refer to them as, firstly, two applications to set aside the two consent awards. Firstly, the Shop, Distributive and Allied Employees Association - Country Road Clothing Pty Ltd Wholesale/Retail Warehouse and Distribution Centre Award 1995-1997, and the Shop, Distributive and Allied Employees Association - Coles Supermarkets Australia Pty Limited Wholesale/Retail National Consolidation Centre Award 1996. And then further to that, an application to vary the Retail and Wholesale Industry - Retail Distribution Centres, Shop, Distributive and Allied Employees Award 2003, to rope the two companies listed in those first two awards into those.

PN759

So I have provided draft orders to both companies in relation to, firstly, setting aside both awards. So if I deal with both of those matters at the same time, and firstly provide a draft order.

PN760

THE SENIOR DEPUTY PRESIDENT: When was the applications to set aside the two awards filed?

PN761

MR BURKE: On Monday.

PN762

THE SENIOR DEPUTY PRESIDENT: Do you know if they were sent by electronic means to my chambers?

PN763

MR BURKE: No, unfortunately not.

PN764

THE SENIOR DEPUTY PRESIDENT: They don't appear to have arrived in my - - -

PN765

MR BURKE: I did ask for them to be sent to your office straight away on the Monday. Unfortunately I didn't - - -

PN766

THE SENIOR DEPUTY PRESIDENT: Yes. Oddly enough I have received the application to vary the Distribution Centres Award in relation to the safety net, but I haven't received the applications to vary the other awards.

PN767

MR BURKE: The others. They are not on the list before this morning? I specifically asked that they be sent to your chambers on the Monday.

PN768

THE SENIOR DEPUTY PRESIDENT: I will just ask Mr Charles. Have you received a copy of the application, Mr Charles?

PN769

MR CHARLES: Yes, I have received both applications, your Honour.

PN770

THE SENIOR DEPUTY PRESIDENT: Yes. Have you received copies of the application, Mr Yoannidis?

PN771

MR YOANNIDIS: Yes.

PN772

MR BURKE: I have copies of the application, if that is - - -

PN773

THE SENIOR DEPUTY PRESIDENT: Yes, if you wouldn't mind, I will just take those. Provided the parties have got them and I can have a look at them, that will be fine. And do you have there the application to vary the Distribution Centres Award to rope in the other two parties?

PN774

MR BURKE: Yes.

PN775

THE SENIOR DEPUTY PRESIDENT: What are you looking for now?

PN776

MR BURKE: I have got both applications to set aside, but I am just - - -

PN777

THE SENIOR DEPUTY PRESIDENT: Well, perhaps if you let me have those. Perhaps we should deal with the application to vary the award to rope in the parties before I do the applications to set aside. Do you want to say anything more about that?

PN778

MR BURKE: I have a draft order in relation to roping the companies into the award as well, if you would like a copy of that.

PN779

THE SENIOR DEPUTY PRESIDENT: If you wouldn't mind passing that up to me.

EXHIBIT #SDA1A DRAFT ORDER TO VARY THE AWARD TO ROPE IN COLES MYER LOGISTICS PTY LTD, NATIONAL CONSOLIDATION CENTRE AND COUNTRY ROAD CLOTHING PTY LTD

PN780

MR BURKE: In relation to this, your Honour, a copy of this has been given to both parties. I understand they are happy with it.

PN781

THE SENIOR DEPUTY PRESIDENT: Well, perhaps I will hear from them about that.

PN782

MR BURKE: Yes. I think they are happy enough with it. We made one adjustment on the front page since I sent it to Country Road. It firstly deletes within the schedule, schedule A, the schedule of respondents, the whole schedule, which included the one company that is first listed there, Coles Myer Logistics Pty Limited, in respect of its operations at 30-68 Taras Avenue, Altona North. That was the existing company that was there. It then includes in the two new companies Coles Myer Logistics Pty Limited, again in relation to the National Consolidation Centre, with its address, and in relation to Country Road Clothing Pty Limited, the former consent award applied in respect of its warehouse operations in Victoria.

PN783

We then have inserted two appendices which have basically that the terms and conditions of the award will apply to the two companies with a schedule set out of rates of pay, with any residual amount over the former consent award amount being highlighted, which will be absorbed against any future safety net adjustments. Obviously those awards have been - are still applying, but in effect employees conditions of employment have been governed by successive enterprise agreements, so hopefully any other entitlements that have accrued have remained under those enterprise agreements.

PN784

And we would ask that the order shall come into force from today's date, which is also the date of which the consent awards would be set aside in relation to the draft orders I have provided with the setting aside. That is what we propose, and hopefully is acceptable to the other parties and to the Commission.

PN785

THE SENIOR DEPUTY PRESIDENT: All right, thanks, Mr Burke. Mr Charles, do you want to say anything about it?

PN786

MR CHARLES: Thank you, your Honour. For its part, Country Road consents to the draft order proposed by the SDA, exhibited at SDA1A, with the amendment to column 2, area of operation, as it relates to Country Road that was mentioned to you earlier by Mr Burke. If your Honour pleases.

PN787

THE SENIOR DEPUTY PRESIDENT: Mr Yoannidis?

PN788

MR YOANNIDIS: Yes, your Honour, the position of the company is to consent to the application. As Mr Burke has outlined, the National Consolidation Centre does have an enterprise agreement in place, and has had a number of enterprise agreements in place, so it makes sense in the scheme of things to consolidate the underpinning award with the Retail and Wholesale Industry Award, as has been previously simplified before you.

PN789

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Yoannidis.

PN790

MR YOANNIDIS: Hopefully, your Honour, this would bring to an end award simplification for Coles Myer.

PN791

THE SENIOR DEPUTY PRESIDENT: And Country Road.

PN792

MR YOANNIDIS: Yes.

PN793

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Burke, what is the dispute underpinning this award then once it is varied for Coles Myer and Country Road? I suppose the dispute would be the original disputes in the awards that are being set aside, would it?

PN794

MR BURKE: Yes, that is correct, yes.

PN795

THE SENIOR DEPUTY PRESIDENT: Very well. I will make the order in terms of the draft order in matter - is that part of 2059, is it?

PN796

MR BURKE: I think 2059 was firstly the Country Road.

PN797

THE SENIOR DEPUTY PRESIDENT: This application to rope in Country Road and Coles Myer, which matter is that? I have just got the answer to that problem; there is new files. For the purpose of the record I will just note those. The application to vary the award to rope in Coles Myer and Country Road is C2003/3846, and that is the file that I am dealing with at the present time, and I will make the order in terms of the draft order for that matter.

PN798

The application to set aside the Shop, Distributive and Allied Employees Association - Coles Supermarkets Australia Pty Ltd Wholesale/Retail National Consolidation Centre Award is C2003/3844, and the application to set aside the Shop, Distributive and Allied Employees Association - Country Road Clothing Pty Ltd Wholesale/Retail Warehouse and Distribution Centre Award 1995-1997 is C2003/3845. If I could deal with those two matters now.

PN799

MR BURKE: In relation to both those matters, your Honour, applications have been made, and a copy of the draft order has been sent to both parties. I think I have provided you with a copy of those earlier.

PN800

THE SENIOR DEPUTY PRESIDENT: Yes.

PN801

MR BURKE: In that we ask that the above mentioned award be set aside, and that the order shall come into force from today's date. And the consequence of that is that the two companies are roped into the first award. If the Commission pleases.

PN802

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Charles, do you have to say anything about the - - -

PN803

MR CHARLES: Well, for its part, your Honour, Country Road consents to the order sought. If your Honour pleases.

PN804

THE SENIOR DEPUTY PRESIDENT: Thanks, Mr Charles. Mr Yoannidis?

PN805

MR YOANNIDIS: Yes, your Honour. Coles Myer Limited also consent to the application as made by the SDA.

PN806

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Yoannidis. Very well, I will make the order setting aside the Shop, Distributive and Allied Employees Association - Coles Supermarkets Australia Pty Ltd Wholesale/Retail National Consolidation Centre Award 1996, and I will make the order setting aside the Shop, Distributive and Allied Employees Association - Country Road Clothing Pty Ltd Wholesale/Retail Warehouse and Distribution Centre Award 1995-1997. In both instances the order will come into effect from today's date.

PN807

Could I now deal with the application to vary the Retail and Wholesale Industry Retail Distribution Centre, Shop, Distributive Award in respect to safety net.

PN808

MR BURKE: In relation to that matter, your Honour, application has been made to vary the award to take into account the decision of the Commission in the safety net review of wages, May 2003, decision PR002003. In relation to that a copy of the listing has been sent to the company. At the time that was the only respondent, which was Coles Myer Limited, and a copy of that was faxed to the company on Monday. I have a copy of that if the Commission needs that.

PN809

THE SENIOR DEPUTY PRESIDENT: Yes, very well.

PN810

MR BURKE: In relation to the matter as well, a copy of the draft order has been sent to both companies, as they are now going to be roped into the award as from now on. And I can provide a copy of the draft order as well.

EXHIBIT #SDA1 DRAFT ORDER

PN811

MR BURKE: The order firstly increases the wages in the body of the award, which is at clause 16.1, increases those amounts by $17. It includes the clause in relation to absorption, and as per the decision we give the commitment as well on the record that we accept that clause. One allowance has been increased, the St Johns Ambulance First Aid qualification allowance. And then in relation to the two new companies that have been roped in, the appendices have been adjusted to include the flow on of the $17 and its effect upon the residual amounts, and the $17, the operative date for that shall be the first pay period commencing on or after 9 June 2003.

PN812

THE SENIOR DEPUTY PRESIDENT: Yes. 9 June is the anniversary of the - - -

PN813

MR BURKE: That is my understanding. The draft order was prepared by our federal office, but in light of the matter being on today I have said that I will deal with the matter.

PN814

THE SENIOR DEPUTY PRESIDENT: The last one was varied on 9 June, or the first pay period commencing on or after 9 June.

PN815

MR BURKE: Yes. And on that basis we say that the draft order reflects the decision, and we ask that the Commission amend the award accordingly. If the Commission pleases.

PN816

THE SENIOR DEPUTY PRESIDENT: Yes. Does this adjust at all the supported wage?

PN817

MR BURKE: It doesn't in the application, in the draft order, however, the award is already at $56, so it doesn't need to be adjusted.

PN818

THE SENIOR DEPUTY PRESIDENT: No, that is right. Okay, thank you, Mr Burke. Mr Charles, do you want to say anything about that?

PN819

MR CHARLES: I don't have anything to add to Mr Burke's submissions, your Honour.

PN820

THE SENIOR DEPUTY PRESIDENT: You don't object, or you consent?

PN821

MR CHARLES: I certainly consent, your Honour, yes.

PN822

THE SENIOR DEPUTY PRESIDENT: Yes, thanks, Mr Charles. Mr Yoannidis?

PN823

MR YOANNIDIS: Yes, our position at Coles Myer Logistics is to consent to the application as sought by the SDA.

PN824

THE SENIOR DEPUTY PRESIDENT: Very well, thank you, Mr Yoannidis. I will make the order in terms of the draft order, and that will take effect on the first pay period commencing on or after 9 June 2003. We finally got there, Mr Charles, with Country Road.

PN825

MR CHARLES: Yes, your Honour.

PN826

THE SENIOR DEPUTY PRESIDENT: Well, I thank the parties for the efforts that they have put into reaching some level of agreement in relation to the simplification of the various awards. I know it has been a long, hard road, but I think both parties throughout the process have shown goodwill, and as I say, we have finally reached the end of the road, that is the Country Road. The matter is adjourned.

ADJOURNED INDEFINITELY [9.30am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #SDA1A DRAFT ORDER TO VARY THE AWARD TO ROPE IN COLES MYER LOGISTICS PTY LTD, NATIONAL CONSOLIDATION CENTRE AND COUNTRY ROAD CLOTHING PTY LTD PN780
EXHIBIT #SDA1 DRAFT ORDER PN811