C2003/2717, Transcript of Proceedings [2003] AIRCTrans 3237 (1 August 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BARTEL

C2003/2717

CFMEU/LINFOX WAREHOUSING TIMBER AND
BUILDING PRODUCTS AWARD 2003

Application under section 113 of the Act
by the Construction, Forestry, Mining and
Energy Union and Linfox Warehousing Timber
and Building Products to vary the above
award re Safety net Review, May 2003

ADELAIDE

11.08 AM, THURSDAY, 17 JULY 2003

PN1

MS E. SIAMI: I appear for the union.

PN2

THE COMMISSIONER: Yes, thank you. Now, I take it there is no appearance from the company this morning?

PN3

MS SIAMI: No, there's not. I did sent them the notice of listing and the original draft order. There has been an amended draft order which I also forwarded to the parties and to your associate. So I've got a copy of the statement verifying the service of the original document the email that I sent to Damien North for the respondent with the amended draft order.

PN4

THE COMMISSIONER: Yes, thank you, I will take those. This is the service document?

PN5

MS SIAMI: Yes, and there is also an amended draft order and the email sent to Mr Damien North and that was sent on 25 June.

PN6

THE COMMISSIONER: Just on that the order I have got is marked at the top: Amended Draft Order.

PN7

MS SIAMI: Yes, that is the one.

PN8

THE COMMISSIONER: That is the correct one?

PN9

MS SIAMI: Yes, That is the one. There was a slight change relating to the formula for allowances. There was a wrong number in that. The variations sought today are an increase in the wage rates and work related allowances consistent with the national wage case decision safety net review of wages May 2003. This application is made consistent with the principles contained within that decision and, in particular, with principle 8 which provides for wages to be varied subject to a number of requirements.

PN10

I submit that the proposed draft order meets the requirements of the decision in that at least 12 months have past since the rates in this award's predecessor was varied in accordance with the safety net review May 2002. As you are aware, this is a 2003 award and has not been varied yet. The union gives a specific commitment to the absorption of the increase, in particular accepting the absorption of the safety net adjustment to the extent of the equivalent rates of pay which are above award rates and that commitment is in clause 16.3.

PN11

The rates in this award have not been increased other than by safety net adjustment. This application is not a claim regards as being above or below the safety net. It seeks a variation also to the allowances consistent with subsection (c)(f) principle 2 of the statement of principles and with the decision referred to as the Furnishing and Glass Industry Allowance decision. The predecessor award to this one was last varied for the safety net review on 2 August 2002 by Commissioner Foggo print PR920875 and that had a pay period commencing date of 1 September.

PN12

I've spoken to Mr North who acts for Linfox and spoke to him yesterday by telephone and he informed me that had no objection to the draft order and later yesterday evening he forwarded an email to that effect which if you would like a copy. Therefore, I submit that all requirements to vary the award have been met and there is no objection to the variation and that the Commission should vary the CFMEU/Linfox Warehousing Timber and Building Products Award 2003 consistent with my submissions today and with the amended draft order. If it pleases the Commission.

PN13

THE COMMISSIONER: Yes, thank you, Ms Siami. I'm satisfied on the basis of the submissions of the CFMEU and also the content of the amended draft order that the variation complies with the safety net review of wages decision of May 2003 in print PR002003. I therefore order that the award be varied in terms of the document marked: Amended Draft Order and I will give the variation a life of 3 months. No objection?

PN14

MS SIAMI: No objection.

PN15

THE COMMISSIONER: Yes, and we will issue the order as soon as possible. Thank you.

ADJOURNED INDEFINITELY [11.13am]