C2002/5174, Transcript of Proceedings [2003] AIRCTrans 3692 (22 August 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 6, 114-120 Castlereagh St SYDNEY NSW 2000
PO Box A2405 SYDNEY SOUTH NSW 1235
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER CARGILL

C2002/5174

POULTRY FARM EMPLOYEES (ACT)
AWARD 1999

Application under section 113
of the Act by the Australian
Workers Union re casual employment

SYDNEY

10.02 AM, MONDAY, 11 AUGUST 2003

Continued from 13.6.03

PN127

THE COMMISSIONER: I don't think there is any change in appearances since the last occasion on 13 June. Perhaps I will note for the record that following the last hearing I wrote to the President referring the matter to him in relation to principle 10 of the Statement of Principles and to see whether the President wished the matter to be referred to a Full Bench and I've received back a memorandum from the Vice President who in fact was acting as the President at the time due to the absence of the President, indicating that he has considered whether the application should be dealt with by a Full Bench and has decided that it should continue to be dealt with by Commissioner Cargill, so it is back before me. I guess we will see where we go to day. Mr Beard?

PN128

MR BEARD: Yes, thank you, Commissioner, you are aware that union and the company, single company respondent to the award had reached agreement in regard to matters pertaining to a classification structure, to wage rates and to the casual loading, that's the package of agreed variations that was before you, as you said, on 13 June. Agreement was reached in regard to the casual loading increases to be phased in over four instalments. Currently the casual loading in the award is 15 per cent and the agreement reflects the increase of 10 per cent to take the new rate to 25 per cent.

PN129

The agreed position, Commissioner, was that the first instalment in regard to the casuals would be operative on 23 august this year. The union has prepared a draft order to reflect the increases, the draft, Commissioner, also varies the current parental leave clause in the award. When the award was subject to the item 51 review back in 1999 the Parental Leave test case, as it was then, was inserted into the award.

PN130

Since that time the Parental Leave test case provision has been varied to include opportunities for casual employees to have access to parental leave and the draft reflects that change in the current parental leave, the clause in the award will be deleted and a new test case provision will be inserted. It is just a matter of an administrative matter to ensure that the award provision does reflect the test case provision. I will hand to you, Commissioner, a copy of the draft.

PN131

THE COMMISSIONER: Mr Beard, I think there was also some discussion last time that you were going to notify the confact of the agreement that you had reached with the farmers. I know that they have actually indicated that they didn't really want to have a lot to do with it but I think you undertook that you were going to contact them to let them know where the matter - - -

PN132

MR BEARD: Yes, I understand, Commissioner, having a look at my file that I in fact forwarded via facsimile a letter to the federation or the ACT Chamber of Commerce and Industry on 13 June. I also forwarded a copy of that letter through to your office.

PN133

THE COMMISSIONER: Maybe it is somewhere on the file here.

PN134

MR BEARD: I can hand to you the documents I have to ensure that the file does reflect the proper situation.

PN135

THE COMMISSIONER: Have you heard anything from them?

PN136

MR BEARD: There has not been any reply.

PN137

THE COMMISSIONER: It doesn't appear to be on the file, Mr Beard but anyway, do you want a copy kept?

PN138

MR BEARD: I have a copy on computer, Commissioner, so that's fine.

PN139

THE COMMISSIONER: I'll mark this draft order and I think we are up to AWU5, if I'm reading the exhibit list correctly, so I'll mark it as such.

EXHIBIT #AWU5 DRAFT ORDER

PN140

THE COMMISSIONER: Was there anything else you wanted to put in relation to that, Mr Beard?

PN141

MR BEARD: I think not as a matter of fact, Commissioner, we believe that the variation will ensure that the award is brought up properly fixed minimum rates standard award. The increases in the casual loading do reflect the agreed position between the parties and obviously we ask that an order in the terms of AWU5 be issued in due course. If it please the Commission.

PN142

THE COMMISSIONER: That's to take effect from 23 August.

PN143

MR BEARD: That is correct.

PN144

THE COMMISSIONER: You don't want an earlier date for the parental leave changes?

PN145

MR BEARD: No, that's fine, Commissioner, it will make it easier if we process it in the one hit, thank you, Commissioner.

PN146

THE COMMISSIONER: Yes, Mr Tomlinson?

PN147

MR TOMLINSON: Thank you, Commissioner, the respondent has no objection to the matter proceeding in the manner as sought by the applicant through exhibit AWU5 and we believe it is in accordance with our previous discussions and agreement reached in relation to award variations for this particular award, may it please the Commission.

PN148

THE COMMISSIONER: Mr Tomlinson, if I can just check although it's probably implicit in what you have said, that there is no difficulty with the parental leave clause being varied to pick up the most recent test case provisions?

PN149

MR TOMLINSON: No, Commissioner, no objections or problems with it proceeding, Commissioner.

PN150

THE COMMISSIONER: It's probably a useful opportunity for that to happen now rather than a separate application for that particular variation to be made.

PN151

MR TOMLINSON: Yes, precisely, Commissioner and it's in accordance with the test case, so there are really no grounds for any grumbling.

PN152

THE COMMISSIONER: On the basis of what is before me and on the submissions that have been put in this matter over the last, well, today specifically but also, the history of this matter since November of last year when it was first listed, I am satisfied that I should give effect to the application as sought by the AWU as set out in exhibit AWU5. The order giving effect to the variation will come into force from the first pay period commencing on or after 23 August 2003.

PN153

If there is nothing further the matter is now adjourned.

ADJOURNED INDEFINITELY [10.09am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AWU5 DRAFT ORDER PN140