C2003/5412, Transcript of Proceedings [2003] AIRCTrans 4504 (10 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
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT LAWLER

C2003/5412

THE COMMUNITY AND PUBLIC SECTOR UNION
(AUSTRALIA DAIRY CORPORATION) AWARD 1999

Application under section 113 of the Act
by the Community and Public Sector Union
to vary the above award re safety net review
May 2003 etcetera

SYDNEY

10.11 AM, WEDNESDAY, 24 SEPTEMBER 2003

Continued from 10.9.03 in Canberra

Hearing continuing


THESE PROCEEDINGS WERE CONDUCTED BY VIDEOCONFERRENCE IN SYDNEY

PN196

THE VICE PRESIDENT: Ms Cooper, I note your appearance for the CPSU in Melbourne.

PN197

MS M. COOPER: Yes, your Honour.

PN198

THE VICE PRESIDENT: Ms Cooper, I had understood this was a consent application to give effect to the most recent safety net review adjustment. My associate informs me though that there are also some other variations which the union is seeking including in particular a variation to the award to deal with flex-time.

PN199

MS COOPER: Yes, your Honour.

PN200

THE VICE PRESIDENT: That's not pursuant to a test case?

PN201

MS COOPER: Your Honour, I should say at this stage that I just discussed with your associate that there are a couple of anomalies in that clause that has been drafted to include in the award. So at this stage we would seek either to adjourn if possible to discuss the matters that need clarification in respect to the application of that clause or alternatively, withdraw that clause for consideration entirely today.

PN202

THE VICE PRESIDENT: Well, I'm more than happy to make an order varying the award to give effect to the safety net review rise now and then we can adjourn the balance of the application to a time that's convenient to you to deal with clause 12(a).

PN203

MS COOPER: Yes. The safety net rise and the reasonable hours, the meal allowance and the parental leave provision, they are all matters that were before your Honour in relation to the other awards on 10 September.

PN204

THE VICE PRESIDENT: That's fine and I'm satisfied on the basis of the arguments advanced on that day that it is appropriate to make an order for those variations. Now, do we have a draft order?

PN205

MS COOPER: Yes, your Honour, there is a draft order but it does include that difficult clause 12(a) so I can delete that within half an hour of getting back to work and forward an amended draft order.

PN206

THE VICE PRESIDENT: All right. Now, you mentioned the appearance of the Australian Dairy Corporation, I take it today and confirm that they consent to the amended draft order, at least insofar as it relates to matters other than the insertion of a new clause 12(a)?

PN207

MS COOPER: Yes, your Honour. They have consented to the application before you today, but I do think we need to discuss further aspects on the provisions but I don't think it affects this in any way.

PN208

THE VICE PRESIDENT: Thank you, Ms Cooper. That's a most responsible approach that you're taking. I am satisfied that the orders should be made. This is an application pursuant to section 113 of the Workplace Relations Act made by the CPSU to vary the Community and Public Sector Union (Australian Dairy Corporation) Award 1999. The variations are made to take into account the safety net review 2003 adjustment and other test case decisions of the Commission. It also seeks the insertion of flex-time provisions into the award by agreement. The order that will be made today will not deal with the question of flex-time. Clause 3 of the award provides that:

PN209

The order is binding upon the CPSU ...(reads)... within the award.

PN210

The matter was originally listed in Canberra on 10 September 2003 and I adjourned the matter until today following correspondence from the respondent's representatives that they had only received notice of the application the day before the hearing. That adjournment was by consent. Since the hearing on 10 September the parties to the agreement have consented to a variation which I now have before me. I consider that the variation is consistent with the Act and in particular the requirements of section 88A of the Act are satisfied.

PN211

I note that the order agreed upon is to take effect from today. The last variation to take account of the safety net review was in December 2002. However, in light of the parties agreement, the variation will operate from today and as there are assertions that relevant employees affected are paid more than the minimum rate, I feel it is appropriate that the 12 month period be waived. This approach is consistent with principle 8(c) of the safety net review principles.

PN212

Accordingly, I make an order in accordance with the amended draft order that has been faxed by Ms Cooper of the CPSU today with the exception of clause 6 of the amended draft order and an order will issue to that effect today.

PN213

Is there anything further, Ms Cooper? A date to which it is convenient to adjourn the matter?

PN214

MS COOPER: Any time after 6 October, your Honour.

PN215

THE VICE PRESIDENT: I will adjourn this matter to Monday, 13 October, at 9.30 am. Thank you, Ms Cooper.

PN216

MS COOPER: Thank you, your Honour.

ADJOURNED UNTIL MONDAY, 13 OCTOBER 2003 [10.17am]