C2003/4329, Transcript of Proceedings [2003] AIRCTrans 3481 (14 August 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER CARGILL

C2003/4329

COMMERCIAL RADIO - ANNOUNCERS AWARD 1998

Application under section 113 of the Act
by Media, Entertainment and Arts Alliance
to vary the above award re safety net
review - wages - May 2003

SYDNEY

3.00 PM, WEDNESDAY, 30 JULY 2003

Adjourned sine die

PN1

THE COMMISSIONER: Can I have the appearances, please.

PN2

MS C. MONTGOMERY: I am a solicitor and seek leave to appear on behalf of the Media, Entertainment and Arts Alliance.

PN3

MS J. DOOLAN: If the Commission pleases, I seek leave to appear for Commercial Radio Australia and for its members who are respondents to the award.

PN4

THE COMMISSIONER: Thank you. Ms Doolan, I presume there's no objection of Ms Montgomery.

PN5

MS DOOLAN: There's no objection, Commissioner.

PN6

THE COMMISSIONER: Leave is granted. Yes, Ms Montgomery?

PN7

MS MONTGOMERY: Thank you, Commissioner, The Media, Entertainment and Arts Alliance has made an application to vary the Commercial Radio Announcers Award 1998, to give effect to the decisions of the Commission in the May 2003 safety net review of wages decision, and to increase allowances as per paragraph 5A of the statement of principle.

PN8

Commissioner, before I proceed with my submission I would like to seek leave of the Commission to amend my application pursuant to section 111(1)(p) of the Workplace Relations Act 1996. I will hand the draft orders up which contain the amendments that I will be taking you to in relation to my application.

PN9

THE COMMISSIONER: Thank you. I'll mark that MEAA 1.

EXHIBIT #MEAA1 DRAFT ORDERS

PN10

MS MONTGOMERY: Thank you, Commissioner. Firstly, if I could take you to paragraph 2 of the application and to the clause 14.3 within paragraph 2 and take you to the fifth line the word should read "wage" not "wages".

PN11

THE COMMISSIONER: Sorry, point 2, because 2 is the actual, you know, the usual clause about absorption.

PN12

MS MONTGOMERY: Right clause, wrong award. I apologise, Commissioner, I got my awards mixed up, it should be 12.3.

PN13

THE COMMISSIONER: Rather than 14 is the other one, is it, the Journalists Award, right. As you appreciate these awards are strangers to me as well.

PN14

MS MONTGOMERY: Now if I could we also seek to insert a new paragraph 3, and this paragraph is to amend the respondent's trading name, and accordingly we've renumbered the paragraphs as a result of that insertion and accordingly paragraph 6 of the application now becomes paragraph 7. Just at B of the draft order I omitted the word "decision" should be inserted after the word "commissions", all things being equal.

PN15

In accordance with the May 2003 Safety Net Review of Wages decision, the Alliance seeks to incorporate the arbitrated safety net increases to be effective on or after the date of the Commission's decision. Commissioner, the application fulfils the principles in the safety net reviews in that the draft order seeks to include a safety net increase of $17 per week in award rates up to and including $731.80 and $15 per week increase in award rates above $731.80.

PN16

There's a clause that indicates the union's commitment to the absorption of the safety net increases in over-award payments. There's a total minimum rate for each classification as a minimum rates adjustment has been completed. I can affirm the notice of hearing the application to the Industrial Relations Commission and a draft order have been served on the respondents by fax on 7 July 2003.

PN17

If I could just raise something that was brought to my attention by the respondents. One of the listed respondents Radio 3SR is not a member of the Commercial Radio Australia Limited, which means I haven't actually effected service of the application or the draft order and I'd seek advice or instructions from the Commission as to - - -

PN18

THE COMMISSIONER: Have they previously been separately served or?

PN19

MS MONTGOMERY: Well, I did last years and they weren't separately served.

PN20

THE COMMISSIONER: Were they a member of the employer organisation then?

PN21

MS MONTGOMERY: No, Commissioner.

PN22

THE COMMISSIONER: So it's happened in the same way each time.

PN23

MS DOOLAN: Yes.

PN24

THE COMMISSIONER: Is there an order for substituted service?

PN25

MS MONTGOMERY: There is, it's a common rule award in the ACT and Northern Territory.

PN26

THE COMMISSIONER: I presume, Commissioner Larkin, signed the order for substituted service did she?

PN27

MS MONTGOMERY: That's correct.

PN28

THE COMMISSIONER: So in that sense that order stands which was that service upon Miss Daley's organisation has been deemed to be sufficient service. I mean, for this year I can't see that I should go behind that order and maybe, Ms Montgomery, for future use it might be useful perhaps if you could, whether maybe they could be added to the substituted service order list or perhaps you can find out from them whether they are a member of some other body or whatever. But certainly if there is a substituted service order issued in relation to this year's application I don't see why I should really go behind it, so I think we'll just leave it at that this year.

PN29

MS MONTGOMERY: I could make an undertaking that I will ensure that they are included in substituted service in future years.

PN30

THE COMMISSIONER: Yes, they are kept on as a named respondent on the order.

PN31

MS MONTGOMERY: Therefore, Commissioner, the Alliance seeks to vary the award to incorporate the 2003 Safety Net adjustments effective on or after the date of the Commission's decision. If the Commission, pleases.

PN32

THE COMMISSIONER: Thank you, Ms Montgomery. Yes, Ms Doolan?

PN33

MS DOOLAN: Commissioner, my instructions are that the respondent will not oppose the award being varied in the terms of the draft order. However, just in relation to the allowances the respondents would like to have put on the record that they do not concede that the allowance in relation to meals should be increased by reference to the CPI and without prejudice to their rights in the future to oppose any increase relying on the CPI. The respondents at this stage will not oppose that increase, thank you.

PN34

THE COMMISSIONER: Thank you. Something I should have raised earlier with you, Ms Montgomery, and I'll raise now with both of you. I've heard this in relation to other awards previously as to the parties giving consideration to a supported wage provision to this award.

PN35

MS MONTGOMERY: I can give you a submission from the Alliance, Commissioner. The parties have considered the Full Bench decisions in relation to the inclusion of a supported wage system in the award. As you are aware the purpose of this clause is to facilitate the employment of workers with disabilities. At this time we are not aware and have no evidence of the respondents employing workers with disabilities and therefore we do not believe the clause is applicable to the respondents at this time, however, should we become aware of the respondents employing workers with disabilities we would seek to have the award varied to include this clause in the award at that time.

PN36

THE COMMISSIONER: Thank you. Ms Doolan, are you in a position to be able to make any response?

PN37

MS DOOLAN: Commissioner, we're not in a position to make any response at this stage. However, the preliminary view would be that the nature of the work undertaken by the Announcers is such in very tight time frames, very fast turnover, but it would not be appropriate for a supported wage clause.

PN38

THE COMMISSIONER: As I indicated on that previous occasion I'm raising, as the Full Bench indicated, it should be brought to the parties attention during the course of the safety net increases and I'm doing that and obviously things change in respect to the employment situation and it's something that you can take on board. I think I must have missed, Ms Montgomery, the 12 months is 31 July, isn't it.

PN39

MS MONTGOMERY: That's correct.

PN40

THE COMMISSIONER: So that's the clause B you'd want from the first pay period on or after tomorrow's date then, I gather is what's being sought. In relation to this application I'm satisfied on the basis of what is before me the application by the Media, Entertainment and Arts Alliance to vary the Commercial Radio Announcers Award 1998 to give effect to the safety net review wages decision of the Full Bench of May 2003 should be granted.

PN41

I'm satisfied that it is in accordance with the principles set out in that decision in relation to the increases in the wage rates and allowances and I also note Ms Doolan's submissions in relation to the allowances. I'm also satisfied that it's appropriate that the variation at point 3 of the draft order in relation to the change in name is something that's suitable to be given effect to as it will ensure that the award is up to date in relation to that aspect.

PN42

In order to give effect to the application, I'll issue an order which will be in terms of the draft order which is exhibit MEAA 1. The date of effect of this order will be the first pay period commencing on or after 31 July 2003, and I'll issue that in due course. I presume, Ms Montgomery, you'll be able to provide an electronic copy of that in due course.

PN43

MS MONTGOMERY: I will, Commissioner.

ADJOURNED INDEFINITELY [3.12pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #MEAA1 DRAFT ORDERS PN10