C2003/2248, Transcript of Proceedings [2003] AIRCTrans 2504 (20 June 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 3103

~~AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C2003/2248

SECURITY EMPLOYEES (VICTORIA) AWARD 1998

Application under section 113 of the Act
by Australian Liquor, Hospitality and Miscellaneous
Workers Union to vary the above award

MELBOURNE

11.02 AM, WEDNESDAY, 4 JUNE 2003

PN1

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

PN2

MS J. WHITECROSS: I appear on behalf of the Victorian Employers Chamber of Commerce and Industry, on behalf of those organisations respondent to the award.

PN3

MS L. PASCALIS: I appear on behalf of the Australian Industry Group.

PN4

THE COMMISSIONER: Thank you. Ms Frenzel?

PN5

MS FRENZEL: Thank you, Commissioner. Commissioner, this is an application pursuant to section 113 of the Act, to vary the Security Employees (Victoria) Award 1998, to implement the safety net review decision of the Commission of May this year. At this point, Commissioner, I will tender a draft order and briefly take the Commission to that order. I have provided copies to my friends.

PN6

THE COMMISSIONER: Yes, Ms Frenzel.

PN7

MS FRENZEL: Thank you, Commissioner. Commissioner, firstly, we seek to vary clause 16.1 to increase the rates of pay by the $17 allowable by the decision. We also seek to insert the absorption provision which is required by the decision at clause 16.2, and the union hereby gives the necessary undertaking with respect to absorption. We also seek to vary a number of allowances both work related and reimbursement related allowances, and on the third page of the draft order, Commissioner, you will see that we have set out exactly what those allowances are and the method by which they have been calculated.

PN8

With respect to the work related allowances, they have been moved in accordance with the Glass Merchants case formula, and with respect to the reimbursement allowances they have been moved from the March 2002 quarter to the March 2003 quarter, using the relevant CPIs indexes for Melbourne. This has caused a little bit of consternation with my friends, but the reason that the LHMU uses Melbourne as opposed to national is because it is a Victorian award, and that is the way that the award has been traditionally moved in any event.

PN9

So on the basis that the application complies with the wage fixing principles and also with the terms of the safety net review decision generally, we would commend the application to the Commission on that basis. I might just close by saying that the Commission should have a statement as to service on the file, filed in the Registry on 22 May 2003, signed by Brian Daley, and attached to that is the relevant information required by the Commission with respect to service, including the certified mail receipts and the like.

PN10

THE COMMISSIONER: Yes, that is on the Commission's file, Ms Frenzel, thank you. Yes, thank you, Ms Whitecross?

PN11

MS WHITECROSS: If the Commission pleases. Commissioner, VECCI has taken the opportunity to review the draft order submitted by the LHMU in this matter, and is satisfied that it is consistent with the principles set down by the Full Bench in the safety net review decision of 2003, and thus would not oppose the application on the terms sought. If the Commission pleases.

PN12

THE COMMISSIONER: Ms Pascalis?

PN13

MS PASCALIS: Commissioner, the Australian Industry Group has checked the draft order submitted by the union, and believe that all amounts have been adjusted correctly in accordance with the May 2003 safety net review decision, therefore we do not oppose the variation sought by the union.

PN14

THE COMMISSIONER: Yes, thanks very much. Given that the parties at the bar table are in agreement as to the rates contended in the document, the Commission varies the Security Employees (Victoria) Award 1998, in the terms of the Commission's decision as contained in print PR002003. The draft order before the Commission contains one alteration, and that is on the third page under work related allowances, where the figure of $18 was typed in, and has been changed in handwriting to $17. That will be corrected. And the variation is to come into effect from the first pay period on or after 11 June 2003. The Commission is adjourned, thank you.

ADJOURNED INDEFINITELY [11.09am]