C2003/3980, Transcript of Proceedings [2003] AIRCTrans 2863 (9 July 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C2003/3980

TENPIN BOWLING INDUSTRY AWARD 1998

Application under section 113 of the Act
to vary the above award re safety net review
- wages May 2003

SYDNEY

10.57 AM, FRIDAY, 20 JUNE 2003

Adjourned sine die

PN1

THE SENIOR DEPUTY PRESIDENT: Could I have the appearances in this matter, please?

PN2

MR G. R. BEARD: If it please your Honour, I appear on behalf of the Australian Workers Union.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Beard. Yes, you proceed, Mr Beard.

PN4

MR BEARD: Thank you, your Honour. The only employer that is listed in the application for substituted service was advised of today's hearing through correspondence forwarded on 10 June this year. The correspondence was forwarded by registered post and a statement to that effect, together with a copy of the covering letter and the receipt for registered post have been prepared for your file. I also take the opportunity, your Honour, to hand to you a copy of the draft order.

PN5

THE SENIOR DEPUTY PRESIDENT: Thank you. The statement of service will be exhibit AWU1, together with the copy letter and the draft order will be exhibit AWU2.

EXHIBIT #AWU1 STATEMENT OF SERVICE AND COPY OF COVERING LETTER

EXHIBIT #AWU2 DRAFT ORDER

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Beard?

PN7

MR BEARD: Thank you, your Honour. This application seeks to vary the award in regard to the second minimum rates adjustment. You're aware that during the often quite tortuous and prolonged discussions and negotiations in regard to the making of this award that the parties agreed upon a timetable whereby the 38-hour week and the minimum rates would be included in the award over say a period of instalments.

PN8

This is the second instalment and the union believes it is in fact consistent with the agreed terms of that timetable. I haven't heard from Mr Gotterson who usually appears for Piggott Stinson in these matters. I did expect him to be here today. I'm not quite sure why he hasn't advised me in writing of agreement or why he isn't here but I will undertake to contact his office and to get advice in writing that the draft does properly reflect the terms of our agreed position. I will forward that through to your office within seven working days. If it please your Honour.

PN9

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Beard. Well, I will approve the variation as being in accordance with the variation shown in AWU2 as being in accordance with the agreement of the parties subject to the right of Mr Gotterson to object within a period of seven days. If he doesn't communicate within that period or you don't tell me that he agrees, Mr Beard, then the order will be made with effect from the first pay period on or after 7 July 2002 by which time we hope that the award will have issued.

PN10

MR BEARD: Yes, I wasn't going to raise the issue of whether the award had actually come into existence. I know that 23 May was the operative date as such but due to a late forwarding of the document from the employers -

PN11

THE SENIOR DEPUTY PRESIDENT: We hope to issue the award next week, Mr Beard. We'll discuss whether - no, we can't. I think we'll have to do it and then do a variation because of 23 May operative date.

PN12

MR BEARD: That's correct.

PN13

THE SENIOR DEPUTY PRESIDENT: But we do hope to get the formal award issued next week and then this variation will operate from the first pay period to commence on or after 7 July subject to what I've said about Mr Gotterson.

PN14

MR BEARD: Yes, thank you, your Honour.

PN15

THE SENIOR DEPUTY PRESIDENT: We'll adjourn.

ADJOURNED INDEFINITELY [11.01am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AWU1 STATEMENT OF SERVICE AND COPY OF COVERING LETTER PN6
EXHIBIT #AWU2 DRAFT ORDER PN6