C2003/4535, Transcript of Proceedings [2003] AIRCTrans 3451 (14 August 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 3906

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

C2003/4535

BAX GLOBAL (AUSTRALIA) PTY LIMITED
AUTOMOTIVE DIVISION AWARD 2003

Application under section 113 of the Act
by Construction, Forestry, Mining and
Energy Union to vary the above award re
Safety Net Review - Wages May 2003
Decision

MELBOURNE

9.10 AM, TUESDAY, 29 JULY 2003

PN1

MR R. LOWE: I appear for the CFMEU.

PN2

MR R. IRONMONGER: I appear on behalf of Bax Global Pty Limited.

PN3

THE COMMISSIONER: Mr Lowe.

PN4

MR LOWE: Thank you, Commissioner. This application by the union to vary the Bax Global Award was lodged with the Registry on 9 July 2003 and on that same day the union forwarded to the employer by registered mail copies of the application as lodged. On 10 July, Commissioner, the union received notice of listing for today's hearing and that notice contained an instruction for the union to notify all parties to the matter as per rules 22 and 27. This instruction was complied with and the union notified the employer by registered post on 11 July.

PN5

I can tender copies of those registered mail receipts just to establish to the Commission that the statements I have made are correct, Commissioner. The Commission will see that from the document I have just handed up that the first page is dated 9th of the 7th to Bax Global and that contained the application. The remaining pages relate to the information that was sent to them per the Commission's instruction with the notice of listing.

PN6

Commissioner, this application seeks to vary the award by increasing the wages, work and expense related allowances in the manner provided for by a Full Bench of this Commission in the Safety Net Review of Wages, May 2003, as recorded in print PR002003. This application by the union is seeking to increase the wage rates prescribed in clause 14.1 by $17 per week, and the application includes a clause as required to be inserted by the Full Bench in the statements of principles in clause 8(e) and the union gives its commitment to the absorption of the Safety Net Adjustment, as required in clause 8(d) of the principles, Commissioner.

PN7

The allowances are based on the rates and this award pretty much was based on the Pilkington's Award matter, which you have just previously heard when this award came into force and both doing similar types of work in the automotive industry, Commissioner. The union is seeking to increase the work related allowances in the manner prescribed in clauses 5(c) and (d) of the statement of principles and in this award we have used the key classification rate being $491.50.

PN8

We have taken that over 17 multiplied by 100 gives an increase of 3.46 per cent in respect of weekly allowances for work related allowances. Weekly allowances we have rounded to the nearest 5 cents and hourly allowances to the nearest cent, Commissioner. Expense related allowances, as I indicated previously, the allowances were based on the allowances in the Pilkington's Award. The meal allowance we have increased in the same manner as I have just previously prescribed by using the appropriate movements in the CPI.

PN9

And the process that has been used in that has been the appropriate sections of the meals out and takeaway foods of the food components of the CPI index. The union would provide the Commission and the employers with a draft order which has been sent through to the employer asking the employer to respond if there was any problems or difficulties with the draft order. I haven't had anything back so Mr Ironmonger will be able to tell me whether the matter is by consent or not but I am not expecting anything in the way of difficulties.

PN10

In respect of the operative date and we haven't put an operative date in there, Commissioner, we would seek the Commission's guidance on this. This award has just been recently made in the early part of this year. The wages in it were based again - and allowances based on what the Pilkington's Award are. The rates in that award provided for the 2002 Safety Net Adjustment and the details in that so we would seek some guidance from the Commissioner in respect of the operative date, whether it be the same date as Pilkington's which is September or some other date that the Commission deems to be appropriate.

PN11

Commissioner, the union submits that its application complies with the provisions of the Workplace Relations Act, in particular section 88A(a) and the principles of the Commission in respect of the Full Bench set out in the Safety Net Review in print PR002, in particular the adjustment of allowances in 5(b) and (c). Commissioner, the union submits that the application should be granted as sought by the union. If the Commission pleases.

PN12

THE COMMISSIONER: Thank you, Mr Lowe. Yes, Mr Ironmonger.

PN13

MR IRONMONGER: Commissioner, can we go off the record for a minute?

PN14

THE COMMISSIONER: Sure.

OFF THE RECORD

PN15

THE COMMISSIONER: Mr Ironmonger.

PN16

MR IRONMONGER: Yes, Commissioner, we have no objection to the application being made, although we do highlight the meal money which we discussed off the record. I am in the Commission's hands how the Commission wants to deal with that matter. Apart from that, we have no objection and the operative date, we would suggest, would be the first pay period on or after 1 September.

PN17

THE COMMISSIONER: Okay, thank you. This is an application under section 113 to vary the Bax Global (Australia) Pty Limited Automotive Division Award 2003 to reflect the Safety Net Review Decision in print 002003. Also, the application includes a variation to appropriate allowances. There is an issue regarding the meal money. The Commission will vary the award in the terms sought, save for the meal money clause 15.1. Mr Lowe is to advise the Commission whether or not they wish to press the meal money issue and if they do then the matter shall be referred to the President for appropriate action.

PN18

The variation, save for the meal money issue, will be operative from the first pay period to commence or after 1 September 2003 and the variation shall remain in force for a period of six months. No further business. The Commission wishes you a good morning. This Commission is adjourned.

ADJOURNED INDEFINITELY [9.26am]