C2003/4081, Transcript of Proceedings [2003] AIRCTrans 3225 (29 July 2003)

AUSCRIPT PTY LTD
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Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N 3733

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

C2003/4081

AUSTRALIAN WORKERS'
UNION CONSTRUCTION
AND MAINTENANCE
AWARD 2002

Application under section 113 of the Act
by The Australian Workers' Union
to vary the above award

MELBOURNE

3.09 PM, WEDNESDAY, 16 JULY 2003

PN1

MS Z. ANGUS: I appear on behalf of the Australian Workers Union.

PN2

MS J. WHITECROSS: I appear for the Victorian Employers Chamber of Commerce and Industry.

PN3

MR J. HOY: I appear for the Australian Industry Group.

PN4

MR P. SHELL: I appear for the Civil Contractors Federation and may I compliment you on your choice of tie today, your Honour.

PN5

THE VICE PRESIDENT: Well, similarly, Mr Shell, very nice colour. Ms Angus?

PN6

MS ANGUS: Yes, your Honour. This is an application to vary the AWU Construction and Maintenance Award 2002 to give effect to the Safety Net decision of this year 2003 Print PR002003. Your Honour, it is the case that the various interested parties in this Award have all been properly served with the material and for completion of the file perhaps I could hand up a statement of service which outlines how that was done. I have got two extras, you can share. And that indicates that the application, together with the draft orders, the notice of listing and the way - the manner in which the allowances were calculated were all properly served on the parties that were identified in the notice of substituted service on 2 July.

PN7

And in fact the original draft orders with the rationale in a calculation sheet were actually served on those same parties two weeks prior to the application being filed in the Commission, so the parties have had ample time to review the rates. I understand this from speaking so far that there may in fact be a question mark over a leading hand allowance that we are happy to discuss directly, but they have all been properly served in the manner that the Commission requires.

PN8

THE VICE PRESIDENT: I have just got a question about one of the allowances. Just bear with me for a moment. It is in paragraph 10 of the draft order, the allowance in clause 24.3. Do you have that? Just have a look at the calculation sheet for that allowance. I am just not sure about the rounding up. It is not a matter of great moment. It is only one sentence.

PN9

MS ANGUS: That is the 55 to 57?

PN10

THE VICE PRESIDENT: Yes. There might be some historical reasoning for it but - - -

PN11

MS ANGUS: Well, on the face of it it would appear that .56 is the appropriate way to round that up.

PN12

THE VICE PRESIDENT: So that would be the same in 10 and 11 presumably?

PN13

MS ANGUS: Presumably. Your Honour, I am reluctant to, on my feet, change calculations that I haven't done.

PN14

THE VICE PRESIDENT: Sure.

PN15

MS ANGUS: It is probably more appropriate to - - -

PN16

THE VICE PRESIDENT: No, that is fine. You have got - - -

PN17

MS ANGUS: I mean obviously we would take on board the Commission's ultimate remarks but the calculations were done by another official of the AWU and - - -

PN18

THE VICE PRESIDENT: Yes, that is fine. You might want to have a look at paragraphs 20, 21, 22, 27, 31. They have all got the same, the one cent thing.

PN19

MS ANGUS: Yes, which is why they give you the Victorian minimum wage orders, your Honour.

PN20

THE VICE PRESIDENT: And I thought it was to punish me.

PN21

MS ANGUS: You have taken my fun back.

PN22

THE VICE PRESIDENT: Yes, all the fun has gone out of that. Yes, that is right. In any event, well, okay, subject to checking that matter, you said there was a matter about the leading hand allowance. Which one - - -

PN23

MS ANGUS: Well, that has not been resolved. I just understand that VECCIs position is that there might be a question about whether - I don't know if that is a rounding up exercise, but it might be that there is a 40 per cent - 40 cent difference in what they are proposing. And we have discussed a way to resolve what the proper calculation is so to the extent that there is any change in the draft order the Union would forward that to you within an agreed period of time, but at this stage we would - - -

PN24

THE VICE PRESIDENT: Where does it appear on the calculation sheet? No, I see where it is in the draft order but the - - -

PN25

MS ANGUS: It looks like it may be the first couple - it appears to be in the table, the third and fourth, that is 1260 and 2875.

PN26

THE VICE PRESIDENT: And those are the two you have got a problem with Ms Whitecross? What is the nature of the problem there?

PN27

MS WHITECROSS: Your Honour, if I may. The problem that in terms of VECCI has with that matter - and we would refer the Commission respectfully to your decision of last year in C2002/3707. Our copy of the draft order indicates that the 2002 rate is, in effect, already $12.60 for the in charge of not more than one person and the rate for the in charge of two and not more than five persons is $27.80.

PN28

THE VICE PRESIDENT: I see, so the base is wrong.

PN29

MS WHITECROSS: So the base is wrong. On our calculations we would suggest that that first rate I would be $13 and the rate at II would be $28.70. Your Honour, would you like me to finish in terms of the rest of my submissions.

PN30

THE VICE PRESIDENT: Sure, yes.

PN31

MS WHITECROSS: With respect to the wages, VECCI believes that each of the calculations are in order. We would, in light of your comments with respect to a number of allowances, respectfully request seven days but VECCI does not oppose, in principle, the application made by the AWU and acknowledge appropriate service and in suitable time frames. If the Commission pleases.

PN32

THE VICE PRESIDENT: Okay, Ms Whitecross. Mr Hoy?

PN33

MR HOY: Thank you, your Honour. I am in the position where we have not received a copy of the draft order. I noticed on the document that Ms Angus handed up to you it has got our Melbourne address at St Kilda Road. We have actually been at Queens Road for about two years now, your Honour, although - - -

PN34

THE VICE PRESIDENT: And they are not forwarding your mail?

PN35

MR HOY: I don't think we left it out for that period of time, your Honour. So I would ask that we be given seven days to report back to the Commission and I note that the matter doesn't come into operation until 28 August. Thank you, your Honour.

PN36

THE VICE PRESIDENT: 28 August, that is right. Mr Shell?

PN37

MR SHELL: We were correctly served. We have checked the calculations that were given to us in the draft order and the calculation sheet and I believe them to be correct. I had another officer do the calculations from the given base rates and checked with our preceding Award information sheets, so I believe that they are correct but I have no objection to allowing seven days. We support the application and have no objection to it in its present form, but believe that the matters that you have raised should be looked at and the matters that Ms Whitecross has raised should be looked at and we will accept what the outcome is of that, your Honour. Thank you.

PN38

THE VICE PRESIDENT: All right. Thanks, Mr Shell. Ms Angus, maybe this is the best way of dealing with it given that Mr Hoy hasn't got one yet anyway. If you can have a discussion with the person who put together the document, resolve the 56 versus 57 cent issue, have a discussion with Ms Whitecross about the leading hand rate, the first two levels of the rate, and just check what the current Award provides for. Then a fresh draft order can be prepared on that basis and if that can be sent to all of the parties who were originally sent, as set out in the statement of service, perhaps with the change of address for Mr Hoy's benefit and indicate that I have set up this process and they have seven days to advise you or copy it to me - let us just go back a minute.

PN39

Maybe we will do it this way. Perhaps if you send it to me, I will send it once - send it to me indicating that it is presumably the result of an agreement with yourself and Ms Whitecross about the leading hand issue. I will then send it to everybody and give everyone seven days to comment and indicate that unless I receive advice to the contrary I will issue an order in the form that is sought. Now, just before we - I note the operative date is 28 August. I take it that is 12 months from the last adjustment flying from the May 2002 safety net?

PN40

MS ANGUS: It is, your Honour.

PN41

THE VICE PRESIDENT: And I take it that the Union gives the specific commitment as to the absorption of the increase as set out in paragraph 8D of the principles?

PN42

MS ANGUS: Yes, we give that undertaking.

PN43

THE VICE PRESIDENT: Okay. All right, thank you. We will deal with it on that basis. I indicate now that I am satisfied the application is consistent with the Safety Net Review - Wages May 2003 decision and, subject to the matters that we have discussed being addressed, will issue an order after providing the parties with a further opportunity to comment. Nothing further? I will adjourn.

ADJOURNED INDEFINITELY [3.20pm]