C2003/2351, Transcript of Proceedings [2003] AIRCTrans 2916 (11 July 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 3474

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2003/2351

SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES'
ASSOCIATION - HARRY HEATHS AWARD 1994

Application under section 113 of the Act by the Shop,
Distributive and Allied Employees Association to vary
the above award concerning the Safety Net Review
- Wages May 2003 Decision

MELBOURNE

10 AM, FRIDAY, 27 JUNE 2003

PN1

MR J. RAIMONDO: I appear on behalf of the Shop, Distributive and Allied Employees Association. Also appearing with me today will be MS J. HEAGNEY.

PN2

MR M. WELDON: I appear on behalf of Woolworths Limited in C2003/2351, the SDAEA and Harry Heaths Award 1994.

PN3

MR A. YOANNIDIS: I appear on behalf of Coles Myer Limited. If you want I can address the specific C numbers, as there is quite a few that we are appearing in.

PN4

THE COMMISSIONER: No. I will deal with the matters one by one.

PN5

MR YOANNIDIS: Okay.

PN6

THE COMMISSIONER: So I will ask you to make a new appearance.

PN7

MR YOANNIDIS: Thank you, your Honour.

PN8

THE COMMISSIONER: Thank you. Yes, Mr Raimondo?

PN9

MR RAIMONDO: Thank you, your Honour. Your Honour, just with regards to proceedings, would you like me to - is it okay if I deal with Harry Heaths to start with?

PN10

THE SENIOR DEPUTY PRESIDENT: Yes. Yes, we are dealing with the Harry Heaths matter presently, 2003/2351.

PN11

MR RAIMONDO: Thank you, your Honour. The application before the Commission today is an application to vary the SDAEA - Harry Heaths Award 1994, in accordance with the decision of the Safety Net Review Wages Decision PR002003. The application seeks in particular to increase the wages and allowance in accordance with the decision. A copy of the draft order and application has been sent to the respondents to the award, and for the record, I would like to tender a copy of the proof of service and draft order.

EXHIBIT #SDA1 RECORD OF SERVICE AND COPY OF DRAFT ORDER

PN12

THE SENIOR DEPUTY PRESIDENT: Go ahead.

PN13

MR RAIMONDO: Thank you, your Honour. The application is consistent with the principles set out in the Full Bench decision PR002003. In particular I draw your attention to principle 8E and inserting the particular clause into the award, and as per principle 8D give our commitment to that principle. Your Honour, we would seek to have the application as per the draft order effective from 27 June 2003, if there are no further questions, and if it please the Commission.

PN14

THE SENIOR DEPUTY PRESIDENT: The 27 June date, that is today's date.

PN15

MR RAIMONDO: That is correct.

PN16

THE SENIOR DEPUTY PRESIDENT: Has the requisite 12 month period passed between adjustments?

PN17

MR RAIMONDO: I believe that is a clear 12 months, your Honour. I don't have the award with me.

PN18

THE SENIOR DEPUTY PRESIDENT: When was the award last varied for Safety Net? The award history of the Commission suggests May 2001 - I am sorry. That was the May 2001 - yes, adjustment in May 2001. Has it been varied any more recently than that?

PN19

MR RAIMONDO: I don't believe it has, your Honour.

PN20

THE SENIOR DEPUTY PRESIDENT: So - - -

PN21

MR RAIMONDO: Your Honour, I believe that the 2001 variation award had dates up to 9.3.03, my understanding, and I believe that is why it wasn't varied last year, because it had dates for the past three years.

PN22

THE SENIOR DEPUTY PRESIDENT: I see. I am sorry, I don't follow that actually. The award history suggests it was varied on 15 June 2001.

PN23

MR RAIMONDO: Okay.

PN24

THE SENIOR DEPUTY PRESIDENT: Presumably only up until May 2001. That would be correct. Well, can I deal with it another way? The rates in the award are what? The rates in the present award adjusted by the $17 or $15?

PN25

MR RAIMONDO: That is correct, your Honour.

PN26

THE SENIOR DEPUTY PRESIDENT: Mr Weldon, are you able to assist in relation to this?

PN27

MR WELDON: I have, or am aware of a bit of the history, your Honour. I understand that some time ago there was a number of Safety Net adjustments that weren't placed in the award.

PN28

THE SENIOR DEPUTY PRESIDENT: Yes.

PN29

MR WELDON: And I think it was before Bolton J in 2001, but there was an application for, I think, several Safety Net adjustments to go through at the same time.

PN30

THE SENIOR DEPUTY PRESIDENT: Commissioner Raffaelli, I think, in April 2001.

PN31

MR WELDON: Yes. I think after that date though, your Honour, Boulton J - - -

PN32

THE SENIOR DEPUTY PRESIDENT: There was a further adjustment.

PN33

MR WELDON: Yes.

PN34

THE SENIOR DEPUTY PRESIDENT: Yes. By Bolton J, yes.

PN35

MR WELDON: Changed them. There was no appearance by the employer on those occasions, I understand, so there was no agreement to change the operative date as far as the 12 month situation goes, if there was agreement between the parties, and that was why there was the increases spread out, and I think the last one was March this year.

PN36

THE SENIOR DEPUTY PRESIDENT: I see. The last one operated from March of this year. Yes. Yes. Well, I am still a bit perplexed about this. So is the Commission record correct in suggesting the award only contains the rates up to and including those awarded in the May 2001 Safety Net adjustment?

PN37

MR WELDON: That is my understanding, your Honour, that there hasn't been an adjustment at this stage for 2002.

PN38

THE SENIOR DEPUTY PRESIDENT: Yes. So we have outstanding the 2002 and 2003 adjustments. What would be the position of those rates or increases going into the award? Would that affect actual rates of pay, as distinct from the minimum rates?

PN39

MR WELDON: As I can understand it, your Honour, the employer's position is that this is an underpinning award for an enterprise bargaining agreement, and it doesn't really affect employees as such.

PN40

THE SENIOR DEPUTY PRESIDENT: Yes.

PN41

MR WELDON: That - so the employer doesn't object, if you like, to the increases going through as such.

PN42

THE SENIOR DEPUTY PRESIDENT: Yes. The two outstanding corrections.

PN43

MR WELDON: That is correct, your Honour.

PN44

THE SENIOR DEPUTY PRESIDENT: Yes. Very well. Mr Raimondo, are the two increases, the 2002 and the 2003, reflected in the order, or does that need to be addressed?

PN45

MR RAIMONDO: Your Honour, I believe that what we have done is taken the amount for the 2003 period and added the $17 on top of that.

PN46

THE SENIOR DEPUTY PRESIDENT: The rate when last adjusted.

PN47

MR RAIMONDO: That is correct.

PN48

THE SENIOR DEPUTY PRESIDENT: Which, it appears, doesn't include the 2002 adjustment?

PN49

MR RAIMONDO: That is correct, your Honour.

PN50

THE SENIOR DEPUTY PRESIDENT: Yes, and the employer has indicated that the award underpins an agreement, so actual rates would not be affected.

PN51

MR RAIMONDO: That is correct, your Honour.

PN52

THE SENIOR DEPUTY PRESIDENT: And there is no opposition to, in effect, bringing the award up to date. So the rates in the order may well not be the correct rates. They may need the further adjustment.

PN53

MR RAIMONDO: That may be the case, your Honour. I think if you would like - - -

PN54

THE SENIOR DEPUTY PRESIDENT: Well, I wonder if I could deal with the matter on this basis, that if you could prepare - if you could have a look at that, Mr Raimondo, or someone from the SDA. If you could provide to the Commission a further draft order incorporating 2002 and 2003 Safety Net adjustments. If a copy of that could be forwarded to Mr Weldon, and if Mr Weldon could - would be kind enough to confirm or otherwise the agreement of the employer to the order as proposed, I would propose to, in effect, bring the rates up to date, given that it appears there is no practical effect in terms of wage costs, and there is no opposition from the employer. So if you could provide a further draft order and, assuming there is no problem from Mr Weldon's end, and given what he has put today, I would propose to vary the award in respect of the 2002 and 3 adjustments, and in circumstances of the consent in the absence of any actual wage impact to make the order operate from first pay period on or after today's date.

PN55

MR RAIMONDO: Certainly. Thank you, your Honour.

PN56

THE SENIOR DEPUTY PRESIDENT: If you could do that as quickly as possible, Mr Raimondo.

PN57

MR RAIMONDO: Thank you.

PN58

THE SENIOR DEPUTY PRESIDENT: Yes. Very well. Thank you.

ADJOURNED INDEFINITELY [10.12am]

PN59

C2003/2340, 2341, 2342, 2343,
2344, 2345 and 2347

BI-LO PTY LTD RETAIL AWARD 2002

COLES SUPERMARKETS AUSTRALIA PTY LTD
RETAIL AWARD 2002

KMART AUSTRALIA LTD AWARD 2002

SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES
ASSOCIATION - LIQUORLAND (AUSTRALIA)
PTY LTD CONSENT AWARD 2002

MYER/GRACE BROS STORES AWARD 2002

OFFICEWORKS SUPERSTORES PTY LTD AWARD 2002

TARGET AUSTRALIA PTY LTD AWARD 2002

Applications under section 113 of the Act
by the Shop, Distributive and Allied
Employees Association to vary the above
awards concerning the Safety Net Review
- Wages May 2003 Decision

PN60

MR RAIMONDO: Your Honour, the application before the Commission today is an application to vary the Bi-Lo Pty Ltd Retail Award 2002 in accordance with the decision of the Safety Net Review - Wages, PR002003. The application seeks in particular to increase the wages and allowances in accordance with the decision. A copy of the draft order and application has been sent to the respondents to the award, and for the record, I seek to tender a copy of the proof of service and draft order. Your Honour, just with regards to this particular bundle, this also includes the other Coles Myer draft orders.

PN61

THE SENIOR DEPUTY PRESIDENT: Well, is there perhaps a better way of dealing with them. I mean, I haven't taken the appearance yet from Mr Yoannidis. I now do, and I note you are here. Is it best if - are all the remaining matters part of the Coles Myer Group, and you represent - no, we are not. Perhaps, Mr Yoannidis, if you tell me what matters you are appearing in.

PN62

MR YOANNIDIS: Okay.

PN63

THE SENIOR DEPUTY PRESIDENT: And I will call all of the those matters on and we will hear them together.

PN64

MR YOANNIDIS: Okay. Yes, sir.

PN65

THE SENIOR DEPUTY PRESIDENT: So we presently have 2003/2340, the Bi-Lo award.

PN66

MR YOANNIDIS: Yes. I also appear, your Honour, in 2341, which is the Coles Supermarkets award.

PN67

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN68

MR YOANNIDIS: 2342, which is the Kmart award. 2343, which is the Liquorland award.

PN69

THE SENIOR DEPUTY PRESIDENT: Yes.

PN70

MR YOANNIDIS: 2344, which is the Myer Grace Bros.

PN71

THE SENIOR DEPUTY PRESIDENT: Yes.

PN72

MR YOANNIDIS: 2345, which is Officeworks, and 2347 which is Target.

PN73

THE SENIOR DEPUTY PRESIDENT: Target, very well. Well, I will call on each of those matters, and if they have all been described by Mr Yoannidis, and then I take it, Mr Raimondo, you are appearing in each of those matters with Mr Heagney?

PN74

MR RAIMONDO: That is correct.

PN75

THE SENIOR DEPUTY PRESIDENT: Very well. You were going to hand up, I think, some service documents.

PN76

MR RAIMONDO: A bundle for you.

PN77

THE SENIOR DEPUTY PRESIDENT: Yes.

PN78

MR RAIMONDO: Your Honour, they are all marked, and as you read them out, they are in that particular order, so hopefully it is easy for you to go through the bundle.

PN79

THE SENIOR DEPUTY PRESIDENT: Yes. Very well. I will mark these documents Exhibit SDA1 and they will be a common exhibit in each of the matters.

EXHIBIT #SDA1 SERVICE DOCUMENTS

PN80

MR RAIMONDO: I am sorry, your Honour, just to clarify it, would you like me to address it first, or would you like me to go through them, one by one.

PN81

THE SENIOR DEPUTY PRESIDENT: Well, if you could address me generally, but if there are any particular matters for a particular award you will need to take me to them.

PN82

MR RAIMONDO: Certainly, your Honour.

PN83

THE SENIOR DEPUTY PRESIDENT: And you will need to take me through the operative date in respect to each of the awards.

PN84

MR RAIMONDO: That is okay, your Honour.

PN85

THE SENIOR DEPUTY PRESIDENT: And I thank you. I just note from the - looking at the orders, for the elevation to Vice President. I just hope that the Minister confers - - -

PN86

MR RAIMONDO: I will start at Bi-Lo, your Honour. The application before the Commission is the application to vary the Bi-Lo Pty Ltd Retail Award 2002. The application seeks to increase the wages and allowances in accordance with the decision, and obviously you have a copy of the draft order and proof of service. We believe that the application is consistent with the principles set out in the Full Bench decision, and in particular, I draw your attention to principle 8E and inserting the particular clause into the order, and as per principle 8E, give our commitment to that principle.

PN87

Your Honour, we also draw your attention to supported wage within this draft order. We believe - sorry, within this award. We believe that the draft order is up to date and it is at the current rate, which is $56.

PN88

THE SENIOR DEPUTY PRESIDENT: Very well. I might just alert you to the fact that there is an application, I think by the Miscellaneous Workers Union, which will no doubt form the basis of a further review of the supported wage, and once that is concluded the parties will need to address it - - -

PN89

MR RAIMONDO: Certainly.

PN90

THE SENIOR DEPUTY PRESIDENT: - - - for the purpose of this award.

PN91

MR RAIMONDO: Thank you, your Honour. Your Honour, we would seek to have the application as per the draft order effective from the date of 9 August 2003.

PN92

THE SENIOR DEPUTY PRESIDENT: And what is the history there? The - - -

PN93

MR RAIMONDO: Your Honour, that is the date of the award simplification. That is exactly one year from the date of the award simplification. Should I clarify that?

PN94

THE SENIOR DEPUTY PRESIDENT: I see. Yes. Very well.

PN95

MR RAIMONDO: If there are no further questions - - -

PN96

THE SENIOR DEPUTY PRESIDENT: Nothing in respect - perhaps if you could go through each of them, then I will have Mr Yoannidis address me in relation to each of them.

PN97

MR RAIMONDO: Okay. Certainly.

PN98

THE SENIOR DEPUTY PRESIDENT: So the next one is the Coles Supermarkets.

PN99

MR RAIMONDO: Yes. Your Honour, if I could rely on my submission put forward in C2003/2340 with regards to Bi-Lo for Coles.

PN100

THE SENIOR DEPUTY PRESIDENT: The same position with a simplified award, is it?

PN101

MR RAIMONDO: That is correct, your Honour.

PN102

THE SENIOR DEPUTY PRESIDENT: Yes, and the simplification process, I take it, brought the rates up to date.

PN103

MR RAIMONDO: That is correct, your Honour.

PN104

THE SENIOR DEPUTY PRESIDENT: To those points, that some at least were out of date.

PN105

MR RAIMONDO: That is correct, your Honour.

PN106

THE SENIOR DEPUTY PRESIDENT: Yes. Very well. Yes, and the Kmart is 9 August again.

PN107

MR RAIMONDO: That is correct, your Honour.

PN108

THE SENIOR DEPUTY PRESIDENT: And that again reflects the decision of SDP Lacy as to simplification.

PN109

MR RAIMONDO: That is correct, your Honour.

PN110

THE SENIOR DEPUTY PRESIDENT: Yes. Bottle shop, the Liquorland.

PN111

MR RAIMONDO: Your Honour, with regard to the operative date with regard to Liquorland, 15 February was the date that was agreed on by both parties. That, we believe, is the date that the rates in the award were agreed to go up during simplification, and therefore, I understand that there is an agreement between the parties that the whole order go up at the same time, so that date is there on that basis.

PN112

THE SENIOR DEPUTY PRESIDENT: That is 15 February 2004.

PN113

MR RAIMONDO: That is correct, your Honour.

PN114

THE SENIOR DEPUTY PRESIDENT: Yes. Very well.

PN115

MR RAIMONDO: I will just draw your attention also, your Honour, to the fact that there is no supported wage within that award, but we intend to discuss that with the other party.

PN116

THE SENIOR DEPUTY PRESIDENT: Yes. Very well. Thank you for that. Myer/Grace Bros.

PN117

MR RAIMONDO: Your Honour, obviously we rely on the previous submission and the date, the operative date for the Grace Bros draft order is 1 November 2003. That is also an agreed date between the parties on the basis of the rates going up at that particular time, and that agreement, I believe, is through simplification that that occurred.

PN118

THE SENIOR DEPUTY PRESIDENT: When was the simplification exercise completed?

PN119

MR RAIMONDO: I believe it was - yes, I think it was 9 August, from memory.

PN120

THE SENIOR DEPUTY PRESIDENT: Yes, very well. And again, that had the effect of putting into the award various Safety Net adjustments.

PN121

MR RAIMONDO: That is correct.

PN122

THE SENIOR DEPUTY PRESIDENT: Yes. And that has occurred in the simplification context.

PN123

MR RAIMONDO: Yes. That is correct, your Honour.

PN124

THE SENIOR DEPUTY PRESIDENT: And SDP Lacy dealt with each of the simplification matters?

PN125

MR RAIMONDO: I am under - yes. I think that is the case.

PN126

THE SENIOR DEPUTY PRESIDENT: Okay. Thank you.

PN127

MR RAIMONDO: Your Honour, just with regards to that one, I would also draw your attention to the fact that there is no supported wage in that award and we also give our commitment to discuss that with the other parties.

PN128

THE SENIOR DEPUTY PRESIDENT: Very well.

PN129

MR RAIMONDO: If we can go on to Officeworks, I gather.

PN130

THE SENIOR DEPUTY PRESIDENT: Yes.

PN131

MR RAIMONDO: Officeworks is 1 November 2003 being the operative date. That is also the same conditions as those previous, whereby that occurred through simplification, and that was the agreed date between the parties. And I believe the last one is Target, of the Coles Myer ones.

PN132

THE SENIOR DEPUTY PRESIDENT: Yes, that is correct.

PN133

MR RAIMONDO: The operative date for that one, your Honour, is 1 February 2004, and that also has dates that were agreed upon in the simplification process between the parties.

PN134

THE SENIOR DEPUTY PRESIDENT: Very well, and that had regard to actual rates paid. Presumably each of these awards operates in conjunction with an enterprise agreement.

PN135

MR RAIMONDO: That is correct, your Honour.

PN136

THE SENIOR DEPUTY PRESIDENT: Yes.

PN137

MR RAIMONDO: They are all underpinning awards.

PN138

THE SENIOR DEPUTY PRESIDENT: Yes. Very well.

PN139

MR RAIMONDO: If there are no further questions then, if it please the Commission.

PN140

THE SENIOR DEPUTY PRESIDENT: No. Thank you for that. Mr Yoannidis?

PN141

MR YOANNIDIS: Do you have any questions, your Honour?

PN142

THE SENIOR DEPUTY PRESIDENT: No, you can confirm the position in respect to the dates, that they are all matters arising out of the simplification process and agreement of the parties in that context.

PN143

MR YOANNIDIS: Yes, your Honour. The awards were simplified all before SDP Lacy. I believe most of them were all done in August. No, Myer may have been done a little bit later, a month or two - maybe a couple of weeks later, and the awards were all adjusted for the Safety Net adjustments, except that some of those awards had Safety Net - the '02 Safety Net adjustments was timed later than simplification.

PN144

THE SENIOR DEPUTY PRESIDENT: Yes.

PN145

MR YOANNIDIS: And that is why we have some operative dates now before you which are later than 9 August.

PN146

THE SENIOR DEPUTY PRESIDENT: Yes, very well.

PN147

MR YOANNIDIS: To allow for the 12 month period between Safety Net adjustments in accordance with the principles. The position of the respondent employers in these matters, your Honour, is to not oppose the application, and the amended draft orders were faxed to our office yesterday, and on the basis of those draft orders we do not oppose the application.

PN148

THE SENIOR DEPUTY PRESIDENT: You have had an opportunity to check the orders.

PN149

MR YOANNIDIS: Yes. The original orders that were sent to our office, there were some corrections that needed to be made, and we have had discussions with the SDA and those issues have been addressed.

PN150

THE SENIOR DEPUTY PRESIDENT: Good. Yes.

PN151

MR YOANNIDIS: So we are now comfortable with those orders, to be operative from the dates as stipulated by Mr Raimondo.

PN152

THE SENIOR DEPUTY PRESIDENT: Yes, and as contained in the orders.

PN153

MR YOANNIDIS: Yes.

PN154

THE SENIOR DEPUTY PRESIDENT: The draft orders, rather.

PN155

MR YOANNIDIS: The draft orders as presented yesterday, your Honour.

PN156

THE SENIOR DEPUTY PRESIDENT: Yes.

PN157

MR YOANNIDIS: Thank you.

PN158

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you for that. Yes, these are various applications by the SDA in relation to awards involving parts of the Coles Myer Corporation, seeking to give effect to the May 2003 Safety Net Review - Wages Decision in Print PR002003 in respect to both wages and allowances. The union has served notice of the proceedings on the employer and Coles Myer was indeed represented in the proceedings today. Exhibit SDA1 provided amended draft orders which have been provided to Coles Myer. They reflect orders initially sent and amended at the following discussions between the SDA and Coles Myer.

PN159

Coles Myer does not oppose the applications or the issuing of the orders in the terms sought. The orders contained various dates of operation. The dates principally reflect a period of 12 months after the simplification process undertaken by SDP Lacy, and in some cases reflect a later date, still reflecting an agreed position between the parties in the simplification process as to the application of the 2002 Safety Net adjustment. I am satisfied that the dates proposed are consistent with the requirements of the Safety Net Review Decision.

PN160

I am satisfied that the variation sought is otherwise consistent with that decision, noting that the required absorption clause is contained within the draft orders, and the union has given the requisite undertaking. I will issue the orders sought for each of the awards in the terms contained within Exhibit SDA1, save that I will replace Vice President with Senior Deputy President. I will now adjourn those matters. Thank you all.

PN161

ADJOURNED INDEFINITELY [10.25am]

PN162

C2003/2346

HARRIS SCARFE LIMITED EMPLOYEES AWARD 2003

Application under section 113 of the
Act by Shop, Distributive and Allied
Employees Association to vary the above
award concerning the Safety Net Review
- Wages May 2003 Decision

YTHE COMMISSIONER: Mr Raimondo, you are appearing again with Mr Heagney?

PN163

MR RAIMONDO: That is correct.

PN164

THE COMMISSIONER: Yes. And I note that I have on file a letter from Piper Alderman, who are presumably - yes, a firm of solicitors in Adelaide. They are - that correspondence was directed to my Associate, and it indicates that they act for Harris Scarfe Pty Ltd in relation to this matter. They have received from the union a copy of the enclosed application to vary the Harris Scarfe Limited Employees Award, and the enclosed draft orders, and those documents are indeed attached to the correspondence.

PN165

The letter advises that instruction is given by Harris Scarfe to not oppose the application, and accordingly there is no opposition to the granting of the orders in the terms set out. It is noted that the operative date is 1 May 2004, which is a period of 12 months from the date of the last adjustment, and the consent is limited to the terms of the order, obviously attached to the correspondence, presumably to prevent the union slipping in something that Harris Scarfe doesn't know about. Yes, Mr Raimondo?

PN166

MR RAIMONDO: Would you like the union's submission?

PN167

THE SENIOR DEPUTY PRESIDENT: Yes.

PN168

MR RAIMONDO: Okay, your Honour. The application before the Commission is an application to vary the Harris Scarfe Limited Employees Award 2003. The application seeks in particular to increase the wages and allowances in accordance with the decision. A copy of the draft order and application has been sent to the respondents of the award, and for the record, I seek to tender a copy of proof of service and the draft order.

PN169

THE SENIOR DEPUTY PRESIDENT: Yes.

EXHIBIT #SDA1 NOTICE OF SERVICE

EXHIBIT #SDA2 DRAFT ORDER

PN170

THE SENIOR DEPUTY PRESIDENT: I think to the extent that I failed to mark one of the documents in the earlier matter, that will be rectified, and the other document will be marked SDA2. But - yes, go ahead, Mr Raimondo.

PN171

MR RAIMONDO: Your Honour, the application is consistent with the principles set out in the Full Bench Decision, PR002003. In particular I draw your attention to principle 8E and inserting a particular clause into the award, and as per principle 8D give our commitment to that principle. We would seek to have the application as per the draft order, effective from 1 May 2004, if there are no further questions and if it pleases the Commission.

PN172

THE SENIOR DEPUTY PRESIDENT: Thank you for that, Mr Raimondo. Yes, this is an application by the SDA to vary the Harris Scarfe Limited Employees Award 2003 and to give effect to the Safety net Review - Wages May 2003 Decision in Print PR002003 by increasing wages and allowances in a manner consistent with that decision. The union has provided an SDA1 proof of service. Further it has provided a draft order to the respondent employer. The respondent employer, in correspondence dated 26 June, represented by Piper Alderman, have indicated that it consents to the orders in the terms of Exhibit SDA2, and notes that the operative date sought is consistent with the claim for a 12 month period between adjustments.

PN173

I am satisfied that the variation should occur in terms of SDA2. The variation is consistent with the Safety Net Review Decision. The relevant commitment has been given by the union and the absorption clause contained in the draft order, and the requisite 12 month period has passed since the 2002 Safety Net adjustment. The order shall have effect on the first pay period commencing on or after 1 May 2004 and shall remain in place for a period of six months.

ADJOURNED INDEFINITELY [10.37am]

PN174

C2003/2349

SHOP DISTRIBUTIVE AND ALLIED EMPLOYEES'
ASSOCIATION - RED ROOSTER AWARD 2002

Application under section 113 of the
Act by Shop, Distributive and Allied
Employees Association to vary the above
award concerning Safety Net Review
- Wages May 2003 Decision

PN175

THE SENIOR DEPUTY PRESIDENT: Mr Raimondo, you are appearing in that matter with Ms Heagney again?

PN176

MR RAIMONDO: That is correct, your Honour.

PN177

THE SENIOR DEPUTY PRESIDENT: Thank you. You go ahead. I haven't received any correspondence in this matter from the company.

PN178

MR RAIMONDO: Your Honour, I don't believe we have either.

PN179

THE SENIOR DEPUTY PRESIDENT: Yes. Very well.

PN180

MR RAIMONDO: So I will continue on that - - -

PN181

THE SENIOR DEPUTY PRESIDENT: Well, in that case, you had best persuade me that you have properly served notice.

PN182

MR RAIMONDO: Certainly, your Honour. Your Honour, if I could rely on the previous submission of C2003/2346 with regards to the Red Rooster submission. I would seek to tender a copy of the draft order on proof of service.

PN183

THE SENIOR DEPUTY PRESIDENT: Thank you.

EXHIBIT #SDA1 PROOF OF SERVICE DOCUMENT AND DRAFT ORDER

PN184

THE SENIOR DEPUTY PRESIDENT: I note that a facsimile was transmitted to Red Rooster, attention Kim Braden, in respect to the variation of the Red Rooster Award 2002. It was sent on 16 June 2003. Yes?

PN185

MR RAIMONDO: Your Honour, the operative - we seek the operative date for that particular draft order to be 27 June 2003, and we also just draw your attention to the fact that I think that has a supported wage clause in it, and that is reflecting the correct amount.

PN186

THE SENIOR DEPUTY PRESIDENT: That is at the present rate, yes.

PN187

MR RAIMONDO: That is correct.

PN188

THE SENIOR DEPUTY PRESIDENT: Thank you. Very well. And the date is today's date, 27 June 2003, which is - sorry, you might have to tell me the history of this matter. The award was consolidated in Print PR923717.

PN189

MR RAIMONDO: That is correct, your Honour.

PN190

THE SENIOR DEPUTY PRESIDENT: And that brought the award up to date, and that was operative from 8 October 2002. Is that correct, or is there some - - -

PN191

MR RAIMONDO: I am actually unaware of that, your Honour. I may have to check that date.

PN192

THE SENIOR DEPUTY PRESIDENT: Yes. Well, I wonder if you could, and just advise me what you say the appropriate date to allow that 12 month period is. I mean, it may well be 27 June. It is not apparent to me at this stage, but if you could look at that and provide some advice to me in respect to that.

PN193

MR RAIMONDO: Certainly, your Honour.

PN194

THE SENIOR DEPUTY PRESIDENT: But otherwise, it will be my intention to vary the award. I am satisfied that Red Rooster has been served with notice and a draft order, has had an opportunity to appear in these proceedings. I am satisfied that the variation is in compliance with the Safety Net Review Decision at Print PR002003, save that at the present time I am uncertain as to the appropriate operative date. Mr Raimondo from the union will provide me with further information in respect to that. I will vary the award, operative from the first pay period commencing on or after that time, which meets the requirement of the 12 month period between adjustments, having regard to the operative date of the wage rate arising out of the updating of the wages clause in the simplification process. So I will await further advice on that, and then issue an order, once I have satisfied myself as to the appropriate date.

PN195

MR RAIMONDO: Thank you, your Honour.

ADJOURNED INDEFINITELY

[10.37am]

PN196

C2003/2350

SDA HUNGRY JACK'S VICTORIAN AWARD 2002

Application under section 113 of the
Act by Shop, Distributive and Allied
Employees Association to vary the above
award concerning the Safety Net Review
- Wages May 2003 Decision

PN197

THE SENIOR DEPUTY PRESIDENT: Mr Raimondo, you are appearing with Ms Heagney again?

PN198

MR RAIMONDO: That is correct, your Honour.

PN199

THE SENIOR DEPUTY PRESIDENT: And I have received correspondence from Hungry Jack's dated yesterday, which indicates - that is from John O'Brien, Financial Controller, that Mr O'Brien has reviewed and checked the draft order and Hungry Jack's has found that everything is in order, so that is suggesting there is no issue from the company's point of the view with the order proposed. Yes, Mr Raimondo? You have some further documentation?

PN200

MR RAIMONDO: That is correct, your Honour.

PN201

THE SENIOR DEPUTY PRESIDENT: Yes.

PN202

MR RAIMONDO: I will just table the draft order and proof of service.

EXHIBIT #SDA1 DRAFT ORDER

EXHIBIT #SDA2 STATEMENT OF SERVICE

PN203

THE SENIOR DEPUTY PRESIDENT: It is plain from the correspondence received from Hungry Jack's that the company has been served with a copy of the hearing details and indeed the draft order.

PN204

MR RAIMONDO: Thank you, your Honour. Your Honour, I would just like to point out obviously the operative date being 1 July 2003, and that that particular award does have a supported wage clause which is up to date.

PN205

THE SENIOR DEPUTY PRESIDENT: Yes, very well. And the date of 1 July arises - - -

PN206

MR RAIMONDO: I believe that is 12 clear months from the last - - -

PN207

THE SENIOR DEPUTY PRESIDENT: Yes. This award was simplified more recently and was subject to the previous adjustment at an earlier time.

PN208

MR RAIMONDO: That is correct, your Honour.

PN209

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Thank you for that. Yes. This is an application by the SDA to vary the SDA Hungry Jack's Victorian Award 2002 to give effect to the May Safety Net Review Decision in Print PR002003 in respect of wages and allowances. The union has satisfied me that the respondent employer has been served with notice of the proceedings and a copy of the draft order. Correspondence from the employer indicates that it has had an opportunity to check the draft order, and it is, from the company's perspective, in order. There is no opposition to the variation of the award in the terms sought.

PN210

I am satisfied the requirements of the Safety Net Review Decision have been met. I will vary the award in the terms of Exhibit SDA1. The order shall be operative from the first pay period to begin on or after 1 July 2003, and shall remain in force for a period of six months.

ADJOURNED INDEFINITELY [10.41am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #SDA1 RECORD OF SERVICE AND COPY OF DRAFT ORDER PN12
EXHIBIT #SDA1 SERVICE DOCUMENTS PN80
EXHIBIT #SDA1 NOTICE OF SERVICE PN170
EXHIBIT #SDA2 DRAFT ORDER PN170
EXHIBIT #SDA1 PROOF OF SERVICE DOCUMENT AND DRAFT ORDER PN184
EXHIBIT #SDA1 DRAFT ORDER PN203
EXHIBIT #SDA2 STATEMENT OF SERVICE PN203