C2003/4927, Transcript of Proceedings [2003] AIRCTrans 4017 (11 September 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 4378

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

C2003/4927

MONASH INTERNATIONAL AWARD 2002

Application under section 113 of the Act
by the National Tertiary Education
Industry Union to vary the above
award

MELBOURNE

11.41 AM, WEDNESDAY, 27 AUGUST 2003

PN1

MR R. THOMAS: I appear on behalf of the National Tertiary Education Industry Union.

PN2

THE DEPUTY PRESIDENT: Thanks, Mr Thomas. I understand Monash - or their representative - haven't appeared.

PN3

MR THOMAS: No.

PN4

THE DEPUTY PRESIDENT: Yes, go ahead, Mr Thomas.

PN5

MR THOMAS: If your Honour pleases, this is an application under section 113 of the Act to vary the Monash International Award 2002 for the purposes of varying the rates of pay in that award in accordance with the 2002 safety net adjustment. You will have before you the R6 and the draft order. Does your Honour require confirmation of the serving of that with a fax? I mean, certainly the notification to Mr Pollack of Monash International when the initial application was made, I have a copy of that.

PN6

THE DEPUTY PRESIDENT: Yes, well, if you have a copy you may as well hand it up, Mr Thomas.

EXHIBIT #A1 COPY NOTIFICATION TO MONASH INTERNATIONAL

PN7

MR THOMAS: Your Honour, a bit awkward without representatives from the other side here this morning, but there is an issue in relation to this safety net adjustment. It is to incorporate the 2002 Safety Net decision. The Monash International Award, when made last year, was made just prior to the handing down of the 2002 Safety Net decision, and so the rates of pay that are in it at schedule B incorporate the 2001 safety net. So once the 12 months has passed since the making of that, we are now catching up on the 2002 decision.

PN8

THE DEPUTY PRESIDENT: Yes.

PN9

MR THOMAS: The draft order contains the new rates that would apply at schedule B of the award, and they are the classification salaries for general staff employees employed by Monash International. However, your Honour, there is - and I will take full responsibility for this - there is an omission in the draft order, because within the award itself at part C, the clauses 44, 45 and 47, there is a table of base rates for college teachers at 44, with some allowances at clause 45, and the casual rates for those category of employees at 47.

PN10

THE DEPUTY PRESIDENT: And they have not been addressed in your draft order?

PN11

MR THOMAS: They have not been addressed. There is an omission there and, as I said, I take responsibility for that. The 2002 safety net adjustment is pretty straightforward, in that it is a single rate, and I will provide a supplementary table and draft order to address those clauses immediately once I get back to the office, if it pleases, your Honour.

PN12

THE DEPUTY PRESIDENT: Yes.

PN13

MR THOMAS: I mean, that is the application for these purposes before you. Obviously, the schedule B is there, and the rates are correct. I will address the omission at part C. When the listing was received I was contacted by Mr Graeme Smith, who has represented Monash International before, and we discussed this and agreed to see each other on the day. But whether or not Mr Smith has been caught up in other events or not, I don't know.

PN14

THE DEPUTY PRESIDENT: Well, given that we have got another, or an amended draft order yet to be received, Mr Thomas, it might be wise if you provide us with that amended draft you at the same time provide Mr Smith with a copy of that amended draft order.

PN15

MR THOMAS: Yes.

PN16

THE DEPUTY PRESIDENT: Subject to Mr Smith then corresponding directly with my chambers as to the position of Monash with respect to that draft order, then I will vary the award in accordance with that order. Obviously that is subject to Mr Smith's corresponding with me that there is no objection to such amendment.

PN17

MR THOMAS: Yes, okay. That is fine.

PN18

THE DEPUTY PRESIDENT: Now, in the event that there was, then I would have to call the matter on to be further heard. So you will let Mr Smith know that he will need to correspond with my chambers in respect of that draft order when you provide him a copy of it?

PN19

MR THOMAS: I will, your Honour.

PN20

THE DEPUTY PRESIDENT: Yes, thank you. All right. I think on that basis I can adjourn this matter. Thank you.

ADJOURNED INDEFINITELY [11.47am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 COPY NOTIFICATION TO MONASH INTERNATIONAL PN7