C2003/4019, Transcript of Proceedings [2003] AIRCTrans 3188 (24 July 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT CARTWRIGHT

C2003/4019

THE PULP AND PAPER INDUSTRY (MAINTENANCE AND SERVICES) AGREEMENT 1973

Application under section 113 of the Act
by the Australian Manufacturing Workers Union
to vary the above award re safety net review

SYDNEY

12.40 PM, TUESDAY, 1 JULY 2003

Adjourned sine die

PN1

THE SENIOR DEPUTY PRESIDENT: Ms Cotis, you're the only appearance today.

PN2

MS K. COTIS: If it please your Honour, I appear on behalf of the Australian Manufacturing Workers Union.

PN3

THE SENIOR DEPUTY PRESIDENT: Now, last time there were some others here. My recollection was that there were a couple of points. Mr Ryan from Paper Australia was here and we also have on file a letter from the CFMEU. Now, I gather from what Mr Ryan said there would have been some discussion between you since that last hearing, so you can fill me in on the latest position.

PN4

MS COTIS: Thank you, your Honour. Yes, I have had several conversations with Mr Ryan as well as with the representatives from the CFMEU in relation to some minor changes that were required for this matter today. Unfortunately due to problems with out IT system and Mr Ryan's fax this morning, I wasn't able to provide him with the final version of the order for him to check to ensure that the changes that he required were suitable and made in line with his requests. Therefore, I would like to ask his Honour to provide us with 24 hours to settle the orders if that's suitable to you without changing the operative date from today's hearing, if that's possible.

PN5

THE SENIOR DEPUTY PRESIDENT: So you've taken account of the representations from the CFMEU and had discussions with Mr Ryan, varied the order and want to have Mr Ryan run a final eye over it before you give us that updated version.

PN6

MS COTIS: That's right.

PN7

THE SENIOR DEPUTY PRESIDENT: Now, if I remember rightly the application was made in relation to the Pulp and Paper Industry (Maintenance and Services) Agreement 1973. That's now been consolidated into the Pulp and Paper Industry (Maintenance and Services) Award 2003 which was made on 7 March 2003. In your submission, how should I handle the application?

PN8

MS COTIS: Well, I could seek to amend that right now if it's suitable, your Honour, and ask for the name of that award to be changed in our application to the correct name of the award and that is the Pulp and Paper Industry (Maintenance and Services) Award 2003.

PN9

THE SENIOR DEPUTY PRESIDENT: And the variations that you seek in the table of wage rates and allowances cover all of the rates in that consolidated award. In other words, it's not a subset with some others left out there neglected.

PN10

MS COTIS: No, having had some discussions with Mr Ryan, we've ensured that all of the necessary increases have been made, your Honour, and as with some of the other awards, I did provide your chambers with an electronic version of the order, but it wasn't until this morning. I do have a hard copy here for you to have a look at which includes the correct name of the award, if you're wishing to see it.

PN11

THE SENIOR DEPUTY PRESIDENT: If we've already got that by email and you're asking for 24 hours to review it with Mr Ryan it's not necessary to do that now.

PN12

MS COTIS: Yes, your Honour.

PN13

THE SENIOR DEPUTY PRESIDENT: In relation to the allowances, can you let me know any details and methodology that are relevant?

PN14

MS COTIS: Yes, your Honour. In relation to the order itself, all the increases have been made in line for 2002 Safety Net Review Decision. The expense-related allowances have been increased with the key classification of the Technical Tradeperson A Level P3. The expense-related allowances have all been increased in relation to the relevant CPI figures. In relation to the motor vehicle allowance, the CPI subgroup which is being used is the private motoring subgroup and as with all of these figures, all these increases have been taken from the March quarter of 2003 figures.

PN15

The meal allowance as been increased using the subgroup of take-away foods and they are the only two expense-related allowances in this order, your Honour.

PN16

THE SENIOR DEPUTY PRESIDENT: Thank you. This is an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union to vary the Pulp and Paper Industry Maintenance and Services Award 2003 to include the 2003 Safety Net Adjustment in the wage rates in the award. Based on the application and submissions made today and at the last hearing, 'm satisfied that the application subject to the checking of the final order that you are submitting tomorrow, meets the requirements of the Safety Net Review Wages May 2003 decision.

PN17

As I say, subject to that checking, I grant the application with an operative date from the first pay period after today to remain in force until further order of the Commission.

ADJOURNED INDEFINITELY [12.44pm]