C2003/592, Transcript of Proceedings [2003] AIRCTrans 2534 (20 June 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LAWSON

C2003/592

LIQUOR INDUSTRIES (CATERAIR AIRPORT SERVICES)
AWARD 2000

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

10.24 AM, THURSDAY, 5 JUNE 2003

PN1

THE COMMISSIONER: Appearances, please.

PN2

MR N. SWANCOTT: Yes, Commissioner, I appear in this matter for the Australian Liquor, Hospitality and Miscellaneous Workers Union. My name is Swancott.

PN3

THE COMMISSIONER: Thank you, Mr Swancott.

PN4

MS S. THOMAS: If the Commission pleases, Thomas, initial S, solicitor. I ask for leave to appear for Caterair Airport Services Pty Limited.

PN5

THE COMMISSIONER: Any objection to Ms Thomas appearing, Mr Swancott?

PN6

MR SWANCOTT: No objection, Commissioner.

PN7

THE COMMISSIONER: Leave is granted, Ms Thomas. The matter before the Commission is an application filed by the Australian Liquor, Hospitality and Miscellaneous Workers Union pursuant to section 113 of the Workplace Relations Act 1996 to vary the Liquor Industries (Caterair Airport Services) Award 2000 to give effect to the Commission's Safety Net Adjustment 2003 decision. Attached to the Commission's file is a statement of service by an assistant national secretary of the union dated 2 June 2003 concerning the service upon the respondent employer of a copy of the application, the draft order and the notice of listing. Also attached is a copy of a fax transmission verification sheet, also dated 2 June 2003. Mr Swancott.

PN8

MR SWANCOTT: Thank you, Commissioner. I note for the record that documentation was served on the respondent employer on 2 June; apparently a delay in our office between the receipt of the notice of listing on 19 May and 2 June. The draft order supplied had attached to it a calculation sheet which explained the method used by the union to calculate work related and reimbursement type allowances for the purposes of this application. Commissioner, I hand up a copy of the draft order for convenience.

PN9

THE COMMISSIONER: The draft order now tendered by Mr Swancott I'll mark as exhibit S4.

EXHIBIT #S4 DRAFT ORDER

PN10

MR SWANCOTT: Commissioner, in our submission, exhibit S4 properly reflects what is permitted by the decision of the Full Bench in the May 2003 Safety Net Review Decision. The application increases wages by the permitted amount, applies the glass merchants formula to work related type allowances and adjusts reimbursement type allowances back to the appropriate datum point by the traditional method of calculation.

PN11

The union, for the record, gives the commitment required by principle 8D of the statement of principles. We note also for the record that the operative date sought for this variation is 7 November 2003, which maintains a 12-month gap. Thank you, Commissioner. For the reasons advanced we ask that the award be varied in the terms set out in exhibit S4.

PN12

THE COMMISSIONER: Thank you, Mr Swancott. Ms Thomas?

PN13

MS THOMAS: Commissioner, unfortunately today Caterair Airport Services can't consent. We are not objecting to the wage principles flowing on to this award. The issue the company has is that this was received by the relevant parties in the Industrial Relations Division of Caterair on Wednesday. We are yet to satisfy ourselves that the figures as provided by the union are correct, so we would be seeking seven days, Commissioner, in which to review the order as provided to you and marked exhibit S4, in which time we will convey any concerns we might have with Mr Swancott from the union and advise the Commission accordingly but today we are not in a position to consent to the order.

PN14

THE COMMISSIONER: Yes, I think Mr Swancott acknowledged the late service upon your client, Ms Thomas. So in those circumstances, extending to you seven days in which to formally respond to the union is most appropriate. I would ask you at the same time, if you have no concerns with the proposed variation, if you would provide formal written consent to that effect to the Commission in that same period of time. Is that satisfactory to you, Ms Thomas?

PN15

MS THOMAS: Yes, thank you, Commissioner.

PN16

THE COMMISSIONER: And to you, Mr Swancott?

PN17

MR SWANCOTT: I have no objection, Commissioner.

PN18

THE COMMISSIONER: Fine. Having heard Mr Swancott and the submissions by Ms Thomas in reply, it is the Commission's decision that, subject to the employer conveying proper consent to the proposed variation as set out in these proceedings and marked as exhibit S4 and that proper consent be conveyed to the Commission within seven days of today's date, with those qualifications, I will vary the award titled the Liquor Industries (Caterair Airport Services) Award 2000 in the terms sought as set out in exhibit S4.

PN19

Given the prospective application of the award variation, the parties have plenty of time to settle any differences that they may have, and hopefully that can all be done within seven days. But once consent is received, then an order to that effect varying the award will issue and it will take effect from the beginning of the first pay period to commence on or after 7 November 2003 and shall remain in force for a period of six months. That concludes the matter and the Commission will adjourn.

ADJOURNED INDEFINITELY [10.31am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #S4 DRAFT ORDER PN10