C2003/5623, Transcript of Proceedings [2003] AIRCTrans 4580 (14 October 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER CARGILL

C2003/5623

NEW SOUTH WALES SUGAR
INDUSTRY (AWU) AWARD 1999

Application under section 113 of the Act
by The Australian Workers' Union to vary the
above award re safety net review - wages May
2003

SYDNEY

2.03 PM, MONDAY, 29 SEPTEMBER 2003

PN1

THE COMMISSIONER: Could I have appearances, please?

PN2

MR G. BEARD: If it please the Commission, I appear on behalf of The Australian Workers' Union.

PN3

THE COMMISSIONER: I just note for the record there is no other appearance today. I think we will just go ahead. I presume you've served the relevant persons, have you, Mr Beard?

PN4

MR BEARD: I have, I have Commissioner. There is only one employer respondent to this award and correspondence was forwarded through to New South Wales Sugar Milling Corporative on 12 September this year. The correspondence included a copy of the application, details of today's hearing, a draft order and allowance schedule. The correspondence was forwarded by registered post and a statement to that effect together with receipt for registered post and a copy of the covering letter have been prepared for your file. I will also take the opportunity, Commissioner, to hand to you a copy of the draft order and allowance schedule.

PN5

THE COMMISSIONER: Mr Beard, this is the first time I think I've dealt with the safety net for this award. Normally no one comes along. I know that they're up in the north-east corner of the state.

PN6

MR BEARD: Yes, in the past, Commissioner, the company has been represented by Australian Industry Group and in the past they have also contacted me prior to the hearing to advise of their position. Usually it is an agreed position. However, on this occasion I haven't received any contact from the company nor from AIG. As I say I have the proof that the union has properly notified the company not only of today's hearing but also details in regard to the outcome sought by the union in regards to the draft order.

PN7

THE COMMISSIONER: That is all you are obliged to do and if they don't either attend or let you or me know what their view is about it we just go ahead in their absence. What I will do, Mr Beard, I won't obviously mark the statement as to service but I will mark the draft order as AWU1 and I will mark the calculation sheet as AWU2.

EXHIBIT #AWU1 DRAFT ORDER

EXHIBIT #AWU2 CALCULATION SHEET

PN8

MR BEARD: AWU1 seeks to put in effect the decision of the safety net review decision of May 2003. The wage rates have been increased by $17 in accordance with that decision and those increases, Commissioner, will be absorbed to any over award payments as prescribed by the safety net review decision and the provision in regard to that will be inserted at item 2, on page 2 of the document. The union also gives its commitment on transcript in regard to the absorption.

PN9

The work related and expense related allowances have been increased in accordance with the appropriate principle contained within the safety net review decision and I believe that exhibit AWU2 sets out the manner in which each of the allowances has been increased in regard to the relevant principle and also in regard to the appropriate calculations.

PN10

You will note, Commissioner, that AWU1 seeks an operative date to come into force from the first pay period commencing on or after 29 October this year and to remain in force for a period of six months. Obviously the prospective date will be the twelve month anniversary from when the award was varied to the safety review decision of May 2002. It was recorded at PR924381 and so is operative on 29 October 2002. In essence, Commissioner, we believe that the draft does reflect the terms of the safety net review decision and ask that an order be issued in due course. If it please the Commission.

PN11

THE COMMISSIONER: On the basis of what you have put to me and I've taken into consideration the calculations in AWU2 and the rates that you've set out in AWU1, I am satisfied that I should give effect to this application by The Australian Workers' Union to vary the New South Wales Sugar Industry (AWU) Award 1999. I am satisfied that the application is in accordance with the safety net review wages decision of May 2003 and I will issue an order giving effect to this variation. It will be in terms of exhibit AWU1 and will come into force from the first pay period to commence on or after 29 October 2003.

ADJOURNED INDEFINITELY [2.08pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AWU1 DRAFT ORDER PN8
EXHIBIT #AWU2 CALCULATION SHEET PN8