C2003/5412, Transcript of Proceedings [2003] AIRCTrans 4746 (29 October 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT LAWLER

C2003/5412

THE COMMUNITY AND PUBLIC SECTOR UNION
(AUSTRALIAN 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

9.54 AM, MONDAY, 13 OCTOBER 2003

Continued from 24.9.03

PN218

THE VICE PRESIDENT: Ms Cooper.

PN219

MS COOPER: Yes your Honour.

PN220

THE VICE PRESIDENT: Do you appear for the CPSU?

PN221

MS COOPER: Yes your Honour.

PN222

THE VICE PRESIDENT: Thank you. I apologise for keeping you late, Ms Cooper, I had an appointment this morning that hadn't been taken into account when the matter was listed. Ms Cooper, do you mention the appearance of the Australian Dairy Corporation also?

PN223

MS COOPER: The Australian Dairy Corporation, yes. They are not appearing today, they've been dealing with the variations and there's a letter to that effect.

PN224

THE VICE PRESIDENT: Thank you. I haven't seen that letter but that's fine. Now the position with this matter is that all of the draft order that has been sent through has already been made on the previous occasion bar paragraph 6 of the amended draft order which deals with flex time.

PN225

MS COOPER: That's correct your Honour yes.

PN226

THE VICE PRESIDENT: And you can confirm that the Australian Dairy Corporation consents to the variation of the award to include that flex time clause.

PN227

MS COOPER: Yes I can your Honour.

PN228

THE VICE PRESIDENT: Thank you. 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 application was made to take into account the Safety Net Review 2003, another test case of this Commission, it also sought the insertion of flex time provisions into the award. Clause 3 of the award provides: That the award is binding upon the CPSU, its officers and members employed by the Australian Dairy Corporation and the Australian Dairy Corporation in respect of certain employees defined in the award.

PN229

The matter was originally listed in Canberra on 10 September 2003, however I adjourned the matter until 24 September 2003 following correspondence from the respondent's representatives that they had only received notification of the application the day before the hearing. Prior to the hearing on 24 September 2003 the respondent to the award consented to a variation which was slightly modified from that contained in the original application and made by the union. During the hearing of 24 September 2003 Ms Cooper appeared for the CPSU, Ms Cooper requested that an order affecting all of their variations agreed upon to be made except for those relating to flex time, the reason for the request, the variation for flex time be excluded despite the parties agreement was that the variation sought might have given rise to some ambiguity in the future. On 24 September 2003 for the reasons given on transcript I issued the variation sought in PR937600.

PN230

Today I have before me a draft order for a variation which would provide a flex time clause in the award, the clause has been amended and agreed upon by the parties, I consider the variations consistent with the Act and in particular section 88A of the Act and accordingly I will make an order formally which will issue today which will give effect to the agreed variation relating to flex time, the order will be in the form of paragraph 6 of the amended draft order submitted by the CPSU. That's all you require, Ms Cooper?

PN231

MS COOPER: Yes thank you your Honour.

PN232

THE VICE PRESIDENT: The Commission is adjourned.

ADJOURNED INDEFINITELY [9.57am]

PN233