C2003/4550, Transcript of Proceedings [2003] AIRCTrans 3648 (21 August 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER ROBERTS

C2003/4550

DRAUGHTSPERSONS, PLANNERS AND
TECHNICAL OFFICERS (AUSTRALIAN
CAPITAL TERRITORY) AWARD 2000

Application under section 113 of the Act
by Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union to vary
the above award re safety net review - wages
May 2003

SYDNEY

2.50 PM, THURSDAY, 7 AUGUST 2003

PN1

THE COMMISSIONER: I will take appearances, please?

PN2

MS K. COTIS: I appear on behalf of the Australian Manufacturing Workers Union.

PN3

MS N. WILLMOTT: I am the solicitor for Australian Business Industry, with your leave.

PN4

THE COMMISSIONER: I take leave is granted? Leave is not opposed?

PN5

MS COTIS: No, Commissioner.

PN6

THE COMMISSIONER: Ms Cotis, your application?

PN7

MS COTIS: Thank you Commissioner. Firstly, I'd like to apologise for being in the wrong court room and keeping everybody waiting, Commissioner. The matter before you today is a section 113 application which has been made by the AMWU to give effect to the 2003 Full Bench safety net review decision. Commissioner, my very brief submission today will firstly go to service and then I intend to make a couple of very brief comments about the order itself.

PN8

Firstly, Commissioner, in relation to service, on 15 July 2003 the AMWU posted by registered mail a copy with the application to vary together with a notice of listing for today's hearing, to the respondents that are set out in the substituted service order which was signed by yourself, Commissioner, on 14 July.

PN9

I just move on now briefly to the order, Commissioner, and I say that the intention of the order is to make increases in line with the 2003 safety net review decision. However, I understand that after speaking to several of the respondents to this matter that there are just a couple of minor corrections that require altering. Therefore I ask that we have a further seven days to settle the orders and that we are seeking a correction to the operative date that you will see in your copy of the order and that correction is from 14 August corrected to 9 August.

PN10

Commissioner, if I can just briefly again say that the AMWU are seeking seven days from today to settle the orders with an operative date from 9 August.

PN11

THE COMMISSIONER: Are the changes so substantial that we can't just do them now on the draft order?

PN12

MS COTIS: A couple of them will need to be changed, Commissioner. I will need to go back to the office and check them that is why I am sort of seeking several days. I also need to talk to at least further talk to representatives from the Australian Industry Group as well in relation to those changes.

PN13

THE COMMISSIONER: The problem that leaves me with as I would be being asked to certify or approve an order which I don't know what is in it, from a date which would predate. Can you just flag to me what the sort of changes are?

PN14

MS COTIS: I understand my friend was intending on making comments about changes that are required.

PN15

THE COMMISSIONER: I might hear from her briefly and then we will come back to your good self.

PN16

MS WILLMOTT: Thank you Commissioner. The amendments that I have requested from my friend relate mainly to rounding issues or administrative errors in the order. Perhaps I can run through those amendments with your briefly. If you have a copy of the order in front of you, Commissioner, in item number 1 which is the weekly rates of pay, approximately half-way down that table in the right-hand column is a figure 1586. The decimal place is missing there so that should read $15.86. Putting a decimal place in there should resolve that completely I imagine.

PN17

The next matter is in item No 5 which currently reads that the amount should be changed from $27.25 to $28.15. From my calculations, Commissioner, in fact it should be $28.10. Then the only other changes which I proposed are to items No 15 and items No 16 which I am instructed are in fact expense related allowances, Commissioner, and accordingly they should be varied in accordance with the CPI figures. Based on the CPI figures those new allowances should therefore read $6.87 instead of $6.89 in item No 15. In item No 16 should read $8.27 instead of $8.30 and $5.88 instead of $5.90.

PN18

THE COMMISSIONER: I take your drift.

PN19

MS WILLMOTT: With those changes, Commissioner, I would be in a position to actually consent to the order being made today effective from 9 August 2003 but I take on your concerns, if we do have an order that is effective from 9 August and then the order won't be settled until perhaps five days after that it's quite difficult to communicate the new rates of pay to employers.

PN20

THE COMMISSIONER: No, you've satisfied my concerns in that regard. Ms Cotis?

PN21

MS COTIS: Commissioner, I say that I can't see any difficulties with there being any discrepancies in relation to the changes that have been requested that have been highlighted by my friend. I think that I may just foreshadow a minor problem with the issue of rounding in relation to the expense related allowances but setting that aside - I am sorry I withdraw that. I say that I believe that that can be resolved very quickly and very easily. If it pleases the Commission.

PN22

THE COMMISSIONER: On the basis of the documents filed and the submissions of the parties today the award will be varied as sought by the AMWU. The operative date will be the first pay period commencing on or after 9 August 2003. The parties will have seven days to check the figures given in the draft order. If there are any difficulties with those figures the parties or any party can notify my office within those seven days. Then the order will issue. I will adjourn.

ADJOURNED INDEFINITELY [2.58pm]