C2003/2117, Transcript of Proceedings [2003] AIRCTrans 3174 (24 July 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER ROBERTS

C2003/2117

COAL MINING INDUSTRY (SUPERVISION
AND ADMINISTRATION) CONSENT AWARD 1999,
NEW SOUTH WALES AND TASMANIA

Application under section 113 of the Act
by the Association of Professional Engineers,
Scientists and Managers, Australia to vary
the above award re safety net review - wages
May 2002

SYDNEY

10.10 AM, FRIDAY, 11 JULY 2003

Continued from 30.5.03

Adjourned sine die

PN19

THE COMMISSIONER: Can we just go off the record for a moment>

OFF THE RECORDY

PN20

THE COMMISSIONER: Yes, Mr Sheather?

PN21

MR SHEATHER: Yes, Mr Commissioner. I would probably defer to my colleague in those circumstances because there has been a bit of movement and it may be best if she expresses the view of the employers.

PN22

THE COMMISSIONER: By all means. Yes, Ms Holmes?

PN23

MS HOLMES: Thank you, Commissioner. It's now the uniform position of all the companies represented by the New South Wales Minerals Council that the matter can proceed today by way of consent. I have a few other things to say on that but it might be appropriate - - -

PN24

THE COMMISSIONER: Well, say it now.

PN25

MS HOLMES: While we maintain our view, which I've expressed on a number of occasions, that the more appropriate course is for the minimum rates to be properly fixed prior to any early increase, our lack of opposition to the application today is in fact based on a practical understanding that the rates in the award will not be fixed before the 12 months after the 2001 increase rather than any concession by us on principle.

PN26

Our position today by no means suggests that the companies will consent to any future application and in fact the companies reserve their rights in relation to in particular the 2003 increase which, on current instructions, will be strongly opposed. Thank you.

PN27

THE COMMISSIONER: That is before me shortly, I think. The 2003 application has been listed, I think.

PN28

MS HOLMES: I'm aware of - - -

PN29

MR SHEATHER: That's the 2002 application for Queensland.

PN30

THE COMMISSIONER: Is it? Good, thank you. Well, we can put that off for another day. Yes, Mr Sheather?

PN31

MR SHEATHER: Thank you, Mr Commissioner. We appreciate the decision made by the parties represented by the Minerals Council of New South Wales. Certainly it was our intent, throughout this whole proceeding, to try to work in conjunction with the Minerals Council to achieve a consent position in regard to this increase. Nothing that my colleague has indicated, probably surprising in relation to what may occur in the future - generally we would endorse that the Commission move on the application before it and seek that that application be agreed to and be formally processed by the Commission in accordance with its rules. If the Commission pleases.

PN32

THE COMMISSIONER: Good, thank you. My view is that we can only do the application that we have today and we will worry about the future in the future. Given the consent of the parties, I find that the 12 months delay in this case can be shortened between pay increases. The application is granted and will take effect from the first pay period commencing on or after today's date. We will adjourn.

ADJOURNED INDEFINITELY [10.13am]