C2003/5472, Transcript of Proceedings [2003] AIRCTrans 4310 (30 September 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 JONES

C2003/5472

BALLET AWARD 2000

Application under section 113 of the Act
by the Media, Entertainment and Arts Alliance
to vary the above award re travel allowance,
meals and incidentals components

C2003/5479

BALLET AWARD 2000

Application under section 113 of the Act
by the Media, Entertainment and Arts Alliance
to vary the above award re safety net review
- wages May 2002 and 2003

SYDNEY

10.00 AM, FRIDAY, 12 SEPTEMBER 2003

PN1

THE COMMISSIONER: May I have the appearances, please?

PN2

MS M. HRYCE: Commissioner Jones, Hryce, M, for the Media, Entertainment and Arts Alliance.

PN3

THE COMMISSIONER: Thank you, Ms Hryce.

PN4

MR V. WINLEY: If the Commission pleases, Winley, V, with MS CHRISSIE HODGES, seeking to appear on behalf of the Australian Ballet. I have a letter which I have handed to your associate, asking me to represent them in these two matters.

PN5

THE COMMISSIONER: Yes. Thank you. No objection, Ms Hryce?

PN6

MS HRYCE: No, not at all.

PN7

THE COMMISSIONER: Okay.

PN8

MR WINLEY: Thank you, Mr Commissioner.

PN9

THE COMMISSIONER: I grant leave, Mr Winley. Well - yes, would you like to - - -

PN10

MS HRYCE: Commissioner Jones, the two applications before you this morning are to vary the Ballet Award 2000 to include both safety net adjustments and variations to the travel components and meals and incidentals allowance for these awards. Commissioner Jones, in accordance with the requirements of the Act, the applications before you were lodged with the Australian Industrial Relations Commission on 21 August 2003 and, following lodging that on 22 August 2003, they were served. The applications were served on the Australian Ballet - Mr Richard Evans, the General Manager of the Australian Ballet - by post and, indeed, a copy was also served on the Australian Entertainment Industry Association which is the peak employer body. I would like to hand up copies of those, if I may.

PN11

THE COMMISSIONER: Thank you, Ms Hryce.

PN12

MS HRYCE: Commissioner Jones, following the service of the documentation, the Commission notified us of the hearing date for today and on the 3rd of the 9th 2003, we again notified Mr Richard Evans of the notification before you of the hearing date by fax on the 3rd of the 9th '03. Commissioner Jones, we're before you today to amend the Ballet Award in accordance with the national wage case terms and conditions set out in both the 2002 case and the 2003 arbitrated safety net adjustment and review amounts in accordance with both of those cases.

PN13

Commissioner Jones, you'll note that the variation to the safety net adjustments are combining - as set out in the variation, they are combining two years in the variation together. The Ballet has no objection to this and I'd like to just note that our performers working with the Australian Ballet are indeed working under an enterprise agreement that has a high rate and there's no financial impediment on the Ballet to reject this approach.

PN14

The parties have reviewed the calculations in accordance with the principles set out in both wage cases and agree that the amounts are correct. So we would seek that the Ballet would be varied in accordance with the order prepared before you of a safety net adjustment and review. To get it up to date, we'd be very pleased with. In accordance with the - and also before you is an adjustment for amounts payable for the travel allowance, meals and incidentals components of the award. And those amounts set out in the order before you, being proposed for variation, are consistent with the decisions that the Commission handed down on 21 February 1996, print number G2254 and a further decision made by the Commission in May 2003, print number 002003. And we're seeking to have the award varied with those amounts as they're set out in the order provided to you.

PN15

THE COMMISSIONER: Okay. Thank you, Ms Hryce. Mr Winley?

PN16

MR WINLEY: Mr Commissioner, I confirm that the Australian Ballet consents to the variations in the terms set out by Ms Hryce and in the orders before you. They have checked the calculations and agree with the calculations and the basis on which the calculations are done, and that they are in terms of the Commission's decisions in safety net adjustment matters and that their enterprise agreement containing rates which are above those in the award - it is not a financial impediment to them to have the award varied in this way. So the Australian Ballet would consent to the variation of the award in the terms set out with effect, I would think, from the pay period to commence on or after today's date. If it pleases the Commission.

PN17

THE COMMISSIONER: Thank you. Ms Hryce?

PN18

MS HRYCE: Commissioner Jones, if I may apologise. I have indeed further documentation on the order for the safety net adjustment. Unfortunately, there was one minor amendment to that from the original one handed up to you in the filing of the documentation. So I do apologise.

PN19

THE COMMISSIONER: So the document you handed up, I can destroy, can I?

PN20

MS HRYCE: Yes, if you would. The variation is a reference to a clause number on the final page, B4. The clause number was amended to read the appropriate clause, which is 2208. So I do apologise, but that has been amended.

PN21

THE COMMISSIONER: Whereabouts is that?

PN22

MS HRYCE: The third page of the safety net adjustment under B, subtitled 4. And it says:

PN23

...by deleting the amount - - -

PN24

THE COMMISSIONER: Okay. I can see that.

PN25

MS HRYCE: So the clause number was indeed - it previously read 2213, which was incorrect. It is indeed 2208.

PN26

THE COMMISSIONER: Okay. I'll - - -

PN27

MS HRYCE: Thank you.

PN28

THE COMMISSIONER: I'll leave the first two pages intact and - - -

PN29

MS HRYCE: Yes, they're correct.

PN30

THE COMMISSIONER: Okay. Good. Thank you. Then in accordance with what the parties have put to the Commission, I am prepared to issue an order to reflect the variations under the safety net that will take place with the order in effect from today's date, with the first pay period to commence on or after today's date, which is 12 September, and the second order will cause adjustment to the amounts payable for travelling, meal and incidental components, and that will be also effective from the first pay period on or after today's date. Nothing further? I'll issue those orders accordingly and the parties will receive them in due course.

PN31

MS HRYCE: Thank you.

ADJOURNED INDEFINITELY [10.07am]