C2003/589, Transcript of Proceedings [2003] AIRCTrans 2533 (20 June 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 60-70 Elizabeth St SYDNEY NSW 2000
DX1344 Sydney Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LAWSON

C2003/589

HOSPITALITY INDUSTRY - NATIONWIDE VENUE MANAGEMENT PTY LTD - EMPLOYEES (INTERIM) AWARD 1999

Application under section 113 of the Act
by the Australian Liquor, Hospitality and
Miscellaneous Workers Union to vary the
above award re Safety Net Review - Wages May 2003

SYDNEY

10.04 AM, THURSDAY, 5 JUNE 2003

PN1

THE COMMISSIONER: Appearances, please.

PN2

MR N. SWANCOTT: Yes, Commissioner, I appear for the Australian Liquor Hospitality and Miscellaneous Workers Union; my name is Swancott.

PN3

THE COMMISSIONER: Thanks, Mr Swancott.

PN4

MR A. REID: If the Commission pleases, Reid, initial A. solicitor seeking leave to appear on behalf of Australian Business Lawyers, and the respondent's Spotless Services Limited, as listed as Nationwide Venue Management Pty Ltd under the award.

PN5

THE COMMISSIONER: Any objection to Mr Reid appearing, Mr Swancott?

PN6

MR SWANCOTT: No, Commissioner.

PN7

THE COMMISSIONER: Leave is granted, Mr Reid. The matter before the Commission is application filed by the LHMWU pursuant to section 113 of the Workplace Relations Act 1996 to vary the Hospital Industry Nationwide Venue Management Pty Ltd Employees (Interim) Award 1999 to give effect to the Commission's Safety Net adjustment 2003 decision. Attached to the application, or attached to the Commission's file is a statement of service by the Assistant National Secretary of the Union dated 27 May concerning the service upon the employer of a copy of the application, the draft order, and the notice of listing. Also attached is a copy of the fax transmission verification sheet to two parties; that being the named employer and also the AWU. That is your application, Mr Swancott, so - - -

PN8

MR SWANCOTT: yes, Commissioner, I notice that the AWU had inadvertently been placed on the service list and - - -

PN9

THE COMMISSIONER: Inadvertently?

PN10

MR SWANCOTT: They presumably are just as bemused as us about that, but I can - I know the explanation and there is another Spotless award to which the AWU and the LHMU are both parties.

PN11

THE COMMISSIONER: It might be that you just need to check your automatic mailing system associated with this particular award, Mr Swancott.

PN12

MR SWANCOTT: Yes, Commissioner. Now, Commissioner, at the last minute this morning in discussions between the award parties a number of corrections to the draft order that was attached to the statement of service were agreed. I hand up a revised draft order and indicate that an electronic version will be sent to your chambers in due course.

PN13

THE COMMISSIONER: Given that I have a number of matters running this morning back to back, I will run one common exhibits list.

PN14

MR SWANCOTT: Thank you, Commissioner.

PN15

THE COMMISSIONER: Mr Swancott, I will note the revised draft order in this matter just handed by Mr Swancott as exhibit S1.

EXHIBIT #S1 REVISED DRAFT ORDER

PN16

MR SWANCOTT: Thank you, Commissioner. My attention has been drawn to one further typographical error, which I understand is at paragraph 6 on page 2 of the order. There is a figure of $23.13 at the very end of that item 6, and that should be $23.12.

PN17

THE COMMISSIONER: $23.12.

PN18

MR SWANCOTT: Yes.

PN19

THE COMMISSIONER: That is a very precise change.

PN20

MR SWANCOTT: Yes, Commissioner. I think it is a rounding issue, but it is agreed. The revised draft order which is now in the amended exhibit S1, in the LHMU submission, reflects the Safety Net Review wages decision of May 2003. For the record, the LHMU gives the commitment required by principle 8D of the statement of principles as to absorption, and the draft order updates the arbitrator's Safety Net adjustment clause in accordance with principle 8E. The union has supplied, both to the respondent employer and by way of attachment to the statement of service, an explanation sheet of the method used to calculate work-related allowances in accordance with the Glass Merchants case formula, and also the method used to calculate reimbursement-type allowances that appear in the award.

PN21

For the reasons advanced, Commissioner, we ask that the award be varied in terms of the amended exhibit S1. I note, for the record, that the wage rates in the award increased from 23 June 2002 as a result of the application of the May 2002 Safety Net Review decision, and although extraneous payments, allowances, etcetera, had a later operative date, the draft order put forward maintains the 12 month gap in relation to wage rates. Thank you, Commissioner.

PN22

THE COMMISSIONER: Thanks, Mr Swancott. Mr Reid?

PN23

MR REID: Thank you, Commissioner. We are in a position to consent to the amended draft order; however, we have only recently received a copy of the amended wage rates, and to that end we would just seek a further seven days to confer with the other party that the hourly rates have been adjusted correctly, as we haven't had an opportunity to review them yet.

PN24

THE COMMISSIONER: Was the revised draft order only provided to you today?

PN25

MR REID: Yes, Commissioner.

PN26

THE COMMISSIONER: And it has been amended very slightly on transcript today.

PN27

MR REID: Yes, Commissioner.

PN28

THE COMMISSIONER: Do you have any objection to that, Mr Swancott?

PN29

MR SWANCOTT: No objection, Commissioner.

PN30

THE COMMISSIONER: All right, then I will grant you seven days in which to respond to the applicant - in this case, Mr Reid - to respond to Mr Swancott, and in turn Mr Swancott can then convey the corrected amended draft order electronically to my chambers at that time. It is the Commission's decision, having heard the submissions of Mr Swancott, and the consent provided by Mr Reid, that the award known as the Hospitality Industry Nationwide Venue Management Pty Ltd Employees (Interim) Award 1999 be varied in the terms sought as set out in the revised draft order and marked in these proceedings as exhibit S1 as amended on the record today. An order to that effect will be issued upon receipt of the appropriate corrected draft order, and the order shall operate from the beginning of the first pay period to commence on or after 23 June 2003, and remain in force for a period of six months. That concludes the matter.

ADJOURNED INDEFINITELY [10.12am]