C2003/5460, Transcript of Proceedings [2003] AIRCTrans 4487 (8 October 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
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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HARRISON

C2003/5460

PIONEER ROAD SERVICES PTY LTD
INTEGRATION STAGE 1 AWARD 1999

Application under section 113 of the Act
by the Australian Workers Union to vary
the above award re annual leave loading

SYDNEY

10.20 AM, TUESDAY, 23 SEPTEMBER 2003

Adjourned sine die

PN1

THE COMMISSIONER: Could I have the appearances, please?

PN2

MS M. PIERCY: If the Commission pleases, I appear for the Australian Workers Union.

PN3

MR M. MEAD: If the Commission pleases, I appear for the Australian Industry Group on behalf of Pioneer Road Services.

PN4

MS PIERCY: Thank you, Commissioner. I can advise that the parties have been notified of today's hearing. I have a statement as to service which sets out that they were sent a copy of the application and the notice of hearing and a copy of the draft order on 3 September 2003, which I would like to hand to you for the Commission's file.

PN5

THE COMMISSIONER: Thank you.

PN6

MS PIERCY: Commissioner, the parties have had several discussions up to date and at present have not reached an agreed position. Also, the application, we feel, is above the current safety net provided for in the award and maybe the matter needs to be sent to the President, under principle 10 of the Safety Net Review decision, to see if it requires to be dealt with by a Full Bench or a single Member.

PN7

THE COMMISSIONER: As I understand the application, it's seeking to insert a clause to provide for a 17½ per cent annual leave loading.

PN8

MS PIERCY: That is correct, Commissioner.

PN9

THE COMMISSIONER: Where none exists at the moment.

PN10

MS PIERCY: That is correct.

PN11

THE COMMISSIONER: How would that be above the safety net?

PN12

MS PIERCY: Well, my view is that the award has already been created and I assumed that it was above the safety net as the award has been made.

PN13

THE COMMISSIONER: Interesting.

PN14

MS PIERCY: I leave it to your discretion.

PN15

THE COMMISSIONER: Yes. Where is the area of disagreement between the parties? Mr Mead?

PN16

MR MEAD: Commissioner, perhaps I could deal with that. My instructions at this point are that when the award was created - and unfortunately the company does not have extensive records that I have been able to obtain at this point - the omission of the annual leave loading was as a result of an intention of the parties to do so. I'm still trying to ascertain whether in fact that was the case and I would suggest, perhaps with Ms Piercy, a report-back in two to four weeks once I've obtained further information in relation to that issue.

PN17

The second area, we would say - and we would support the submission of Ms Piercy - is that this variation would be above the safety net as it's not to insert a test case standard or, in our view, something that is in line. We would say rather that this award already establishes a fair and equal safety net in the terms and conditions of employment and that a variation of this nature would be above the safety net. As such it would perhaps need to be referred to the President in due course.

PN18

In either event we feel that some submissions would have to be filed as to why it is fair and equitable to vary the terms in light of the application made by the union but perhaps that's something for a later date after the report-back and more information has been gained on the issues surrounding this application.

PN19

THE COMMISSIONER: Yes, all right, thank you. It seems as if some corporate knowledge wouldn't go astray in terms of trying to establish what happened at the time and why it happened at the time. All right, I'll adjourn the matter on the basis sought. We'll go off the record and talk about a date for a report-back but in the interim I will refer the matter to the President in respect of the principles and we will advise the parties of his decision accordingly. That you. These proceedings stand adjourned.

ADJOURNED INDEFINITELY [10.23am]