C2003/551, Transcript of Proceedings [2003] AIRCTrans 2632 (26 June 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LAWSON

C2003/551

LIQUOR AND ACCOMMODATION INDUSTRY - LIQUOR
INDUSTRIES - MALTSTERS - AWARD 2002

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

2.45 PM, THURSDAY, 12 JUNE 2003

PN1

MR N. SWANCOTT: I appear for the Australian Liquor, Hospitality and Miscellaneous Workers Union.

PN2

MR M. MEAD: I appear for the Australian Industry Group on behalf of the respondent members.

PN3

THE COMMISSIONER: Mr Mead, are either the Barrett Burston Group or Joe White Maltings members of your organisation? Are you appearing on their behalf?

PN4

MR MEAD: My understanding, Commissioner, is that we do have an interest in this matter and we do have members that are respondents to this award. I can supply you with a list in relation to that, if that pleases the Commission.

PN5

THE COMMISSIONER: I think that would be appropriate, given there are only two other named respondents and their employers. One presumes they are members of yours but I am not to know that, particularly if you are not announcing an appearance on their behalf. What you might do is after these proceedings, Mr Mead, is provide me, for the purpose of retention on this file, with a copy or a list of your members for whom you are appearing today.

PN6

MR MEAD: Yes, Commissioner.

PN7

THE COMMISSIONER: The matter before the Commission is an application by the ALHMWU pursuant to section 113 of the Workplace Relations Act 1996 to vary the Liquor and Accommodation Industry - Liquor Industries - Maltsters - Award 2002 to give effect to the safety net review decision 2003. Attached to the file is a statement of service by the Assistant National Secretary of the union dated 2 June and it deals with the service upon employers and copies of the application, the draft order and the notice of listing. Attached also is a facsimile transmission verification sheet dated 2 June. Mr Swancott.

PN8

MR SWANCOTT: Thank you, Commissioner. I hand up a revised draft order in this matter which has been settled with Mr Mead's organisation in the past few days.

PN9

THE COMMISSIONER: I will mark the revised draft order as exhibit S2.

EXHIBIT #S2 REVISED DRAFT ORDER

PN10

MR SWANCOTT: Thank you, Commissioner. The original draft order served on the parties and representatives had incorrectly failed to adjust the wage rates. The revised draft order corrects that defect.

PN11

THE COMMISSIONER: That was a bit of a hiccough on the part of the applicant, Mr Swancott, forgetting the wages.

PN12

MR SWANCOTT: Yes, Commissioner. In the good old days of typewriters those mistakes rarely happened. Commissioner, the LHMU believes that this revised draft order properly reflects the May 2003 safety net review decision of the Full Bench. For the record, the union gives the commitment required by principle 8(d) of the statement of principles. The exhibit S2 deals with allowances in the manner permitted by the statement of principles and increases wage rates to the levels permitted. Accordingly we would ask that the award be varied in the terms of exhibit S2 and the operative date sought is the first pay period commencing on or after 9 July 2003. Thank you, Commissioner.

PN13

THE COMMISSIONER: Mr Mead.

PN14

MR MEAD: Thank you, Commissioner. We have had an opportunity to review the revised draft order as expressed in exhibit S2 and have no objection to the order being varied in the terms sought.

PN15

THE COMMISSIONER: Thank you, Mr Mead. Having heard the parties, it is the Commission's decision that the award that is titled, Liquor and Accommodation Industry - Liquor Industries - Maltsters - Award 2002 be varied in the terms sought as set out in exhibit S2 in these proceedings. An order to that effect will issue and the order will come into effect from the beginning of the first pay period to commence on or after 9 July 2003 and the order shall remain in force for a period of six months. And that concludes the matter.

ADJOURNED INDEFINITELY [2.49pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #S2 REVISED DRAFT ORDER PN10