C2003/2731, Transcript of Proceedings [2003] AIRCTrans 3161 (23 July 2003)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N 3648
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C2003/2731

CHEMICAL WORKERS' (CABOT AUSTRALASIA
PTY LTD) AWARD 2002

Application under section 113 of the Act
by the Australian Workers' Union to vary
re the safety net review - wages May 2003

MELBOURNE

9.34 AM, THURSDAY, 10 JULY 2003

PN1

MS M. LAMBERT: I appear on behalf of the National Office of the Australian Workers' Union.

PN2

MS L. CARROLL: I appear on behalf of Cabot Australasia.

PN3

THE SENIOR DEPUTY PRESIDENT: Ms Lambert.

PN4

MS LAMBERT: Thank you, your Honour. The matter before you today flows on from the national wage case decision of the Full Bench handed down on 6 May 2002, print number PR002003 and specifically concerns the variation of the Chemical Workers (Cabot Australasia) Pty Ltd Award 2002 to adjust minimum weekly rates of pay and allowances as per this decision. Your Honour, this union is seeking settlement of orders concerning this increase to minimum wages and to allowances in this award. There have been a number of discussions with Ms Lilian Carroll, the Human Resources Manager of Cabot Australasia Pty Ltd who has obviously been notified of today's hearing as she is present in the Commission.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes.

PN6

MS LAMBERT: There is an agreed draft order and calculation sheet, your Honour, in this matter which has been e-mailed to your associate, Ms Lisa Currie, on Monday, 7 July 2003.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, I have that, thank you.

PN8

MS LAMBERT: Your Honour, I would like to draw the Commission's attention to the calculations in this matter. As per the calculation sheet, all allowances in this award have been adjusted for both the 2002 and the 2003 safety net review national wage case decisions. This is because at the time of the completion of the simplification of this award last year it was decided that the allowances would wait to be adjusted in 2003 for the 2002 safety net as well. Your Honour, if it please the Commission, I would like to tender as an exhibit a copy of the decision of Deputy President Ives at Melbourne on 12 July 2002, print number PR919972, concerning the simplification of this award.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, thank you.

PN10

MS LAMBERT: In particular, your Honour, I would like to take the Commission - I will wait for you to mark that exhibit.

PN11

THE SENIOR DEPUTY PRESIDENT: I won't mark it as an exhibit. It is a decision of the Commission. It is necessary.

PN12

MS LAMBERT: Thank you, your Honour.

PN13

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN14

MS LAMBERT: I would like to take the Commission to paragraph 8 of this decision which reads:

PN15

Clause 24 of the simplified award provides for certain allowances payable to employees. These allowances ...(reads)... safety net decision of this Commission.

PN16

Your Honour, all calculations have been made in accordance with the safety net review decisions of 2002 and 6 May 2003. The Australian Workers' Union gives the appropriate undertakings as required by principle 8(d) of the safety net review decision of 6 May 2003 and if that pleases the Commission, that concludes my submission in this matter, your Honour.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Lambert. Ms Carroll.

PN18

MR CARROLL: I agree with Ms Lambert's comments and yes, we didn't make the adjustments at the time. We did not want to delay proceedings so - - -

PN19

THE SENIOR DEPUTY PRESIDENT: Yes, that was just to the allowances. The wage rates - - -

PN20

MR CARROLL: The wage rates had been adjusted at the time.

PN21

THE SENIOR DEPUTY PRESIDENT: Yes, thank you.

PN22

MR CARROLL: Thank you.

EXHIBIT #AWU1 DRAFT

PN23

THE SENIOR DEPUTY PRESIDENT: I will vary the award in accordance with the terms of exhibit AWU1. The variation will come into effect on or after 12 July 2003. Thank you very much.

ADJOURNED INDEFINITELY [9.39am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AWU1 DRAFT PN23