C2003/5743, Transcript of Proceedings [2003] AIRCTrans 4774 (29 October 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER CARGILL

C2003/5743
C2003/5744
C2003/5954

METROPOLITAN NEWSPAPERS (SOUTH
AUSTRALIAN AND TASMANIA) PRINTING
AWARD 2003

Application under section 113 of the Act
by Advertiser Newspapers Limited to vary the
above award re clause 18.4.2

Application under section 113 of the Act
by Advertiser Newspapers Limited to vary the
above award re safety new review - May 2003

Application under section 113 of the Act
by Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union to vary
the above award re safety new review - wages
May 2003

SYDNEY

2.44 PM, TUESDAY, 14 OCTOBER 2003

PN1

THE COMMISSIONER: Could I have appearances please? I think it's your application, Mr Fletcher.

PN2

MR M. FLETCHER: If the Commission pleases, I appear on behalf of the respondent employers to the award.

PN3

MS K. FORD: May the Commission please, I appear on behalf of the AMWU Printing Division.

PN4

THE COMMISSIONER: Yes, Mr Fletcher, this is your application?

PN5

MR FLETCHER: Commissioner, this process of simplification of this award was recently completed. Now, the history of that simplification is that for both parties numerous advocates were involved and a number of issues sort of slipped through the cracks. This application is basically an attempt to clear up a number of those issues. I have had some preliminary discussions with Ms Ford regarding the issues outlined in the application and unfortunately at this time we haven't reached agreement on all of the issues. There is agreement in regard to one issue, that is in regard to clause 18.4.2. In regard to the other ones, there is discussion that still needs to proceed.

PN6

I would therefore suggest that we allow time for those discussions to proceed so that all the matters can hopefully be resolved and if not, then those matters that cannot be resolved, a timetable for hearing at some later date.

PN7

THE COMMISSIONER: Thank you. Ms Ford?

PN8

MS FORD: Thank you, Commissioner, that's correct. Mark Fletcher of News and myself have discussed this and the AMWU is of agreement with the variations of the rates of pay clause, 11.1.7.

PN9

THE COMMISSIONER: We're not up to that yet, Ms Ford. This is just the variations following out of simplification.

PN10

MS FORD: Sorry, Commissioner. We are in agreement of that and there are outstanding issues as well.

PN11

THE COMMISSIONER: So you're happy to have it adjourned for some period?

PN12

MS FORD: That's correct, Commissioner.

PN13

THE COMMISSIONER: Do you have any view either of you as to how long?

PN14

MR FLETCHER: Possibly four weeks would be about right, Commissioner. I think about then we'd be in a position as to knowing - we may reach settlement or not.

PN15

THE COMMISSIONER: To know either way.

PN16

MR FLETCHER: Yes.

PN17

THE COMMISSIONER: Does that seem to fit with your view, Ms Ford, for an approximate time? That would be about 12 November.

PN18

MS FORD: Yes, that's fine, Commissioner.

PN19

THE COMMISSIONER: It doesn't have to be that day. You can choose a different day of that week.

PN20

MS FORD: Any time that week.

PN21

MR FLETCHER: That week is fine, any time.

PN22

THE COMMISSIONER: So maybe 10 am on 12 November. So we'll adjourn the matter until that time, 10 am on 12 November in relation to this particular matter and then you can report back on where you are and whether you've got total agreement or whether you need a further time or whether something else has to happen. So we'll move onto the next matter please.

PN23

Could I have appearances, please?

PN24

MR M. FLETCHER: If the Commission pleases, appearing on behalf of the respondent employers to the award.

PN25

MR M. FORD: May the Commission please, on behalf of AMWU, Printing Division.

PN26

THE COMMISSIONER: Yes, Mr Fletcher or perhaps we can just deal with your application first which is to vary the rates of pay under the award.

PN27

MR FLETCHER: Commissioner, this is an application to vary the rates of pay in line with the safety net review of wages decision, May 2003. The application increases the minimum rates payable by the amounts prescribed by that decision and it is in line with the principles outlined by the Commission. I should also add that as part of this application, there have been some minor amendments made to clause 11.2 in respect to the classification listed.

PN28

There are a number of classifications left out as part of the simplification that specifically relate to the Adelaide City site and those classifications have been included in clause 11.2. The application is consistent with all the requirements as outlined by the Commission and the application will not result in any increased rates of pay for either employer or operational rates because there is an enterprise agreement in place at both sites that prescribes rates of pay that are higher than those prescribed in the award. If the Commission please.

PN29

THE COMMISSIONER: It's probably more than 12 months though, isn't it, Mr Fletcher because the award -

PN30

MR FLETCHER: These rates were last increased effectively as part of the simplification.

PN31

THE COMMISSIONER: I see, 27 June 2003 her Honour's decision.

PN32

MR FLETCHER: That's correct.

PN33

THE COMMISSIONER: So in fact it's more than 12 months anyway.

PN34

MR FLETCHER: 2003, Commissioner.

PN35

THE COMMISSIONER: 2003, this year, it's only fairly recent. In that case, yes, it is relevant. So there's no actual increases, no increase in cost, no actual increases in pay the people will be receiving so under principle 8C I think it is.

PN36

MR FLETCHER: That's correct.

PN37

THE COMMISSIONER: And it's by consent?

PN38

MR FLETCHER: Yes.

PN39

THE COMMISSIONER: Thank you. Thank you, Ms Ford?

PN40

MS FORD: That is by consent, Commissioner, with respect to that application to vary the rates of pay. Do you want me to go onto the AMWUs -

PN41

THE COMMISSIONER: No, not at the moment, just deal with this one first. Is that to take effect from the first pay period on or after today, Mr Fletcher or from today or what?

PN42

MR FLETCHER: The first full pay period on or after today would be fine.

PN43

THE COMMISSIONER: Right and that's all right with you, Ms Ford, for that date?

PN44

MS FORD: Yes, Commissioner.

PN45

THE COMMISSIONER: Perhaps I'll just deal with this one first. On the basis of the material that's before me, I'm satisfied I should give effect to the application by the Adelaide Advertiser Pty Limited which is one of the employers bound by this award to vary the Metropolitan Newspapers (South Australian and Tasmania) Printing Award 2003 in relation to wages. I am satisfied that the application accords with the principles set out by the Full Bench decision of May 2003 and also note that in relation to principle 8C of the principles that this variation will be taking effect less than 12 months from the 2002 increases.

PN46

However, pursuant to that principle, there's consent by the parties and also the variation will not result in an increase in the wage rates actually paid to employees or increase the wage costs for the employer. So therefore the 12 months delay can be waived. The order giving effect to the variation will be in terms of the application which came with the matter and will take effect from the first pay period commencing on or after today's date, 14 October 2003.

PN47

Now, perhaps we can turn to your application, Ms Ford.

PN48

MS FORD: Yes, Commissioner, the AMWU has filed a section 113 variation with the Commission and it was only served on the other parties yesterday which we concede was at short notice. However, the purpose was to ensure that this matter was heard in conjunction with News Limited 113 applications. However, this morning it's been brought to my attention that that 113 variation is flawed and I've discussed it with Mark Fletcher and also your associate this morning and we will refile that application next week in order to discuss further at the next mention or if it's convenient to you, at the mention of 12 November.

PN49

Also, the issues that are within this 113 variation have been discussed between Mark Fletcher and myself and they will also be part of the talks between now and the next mention date. Thank you, Commissioner.

PN50

THE COMMISSIONER: So in other words, you want to withdraw this application, Ms Ford, I gather and then you'll lodge a new application?

PN51

MS FORD: I'll submit a new application next week. Thank you.

PN52

THE COMMISSIONER: Thank you. Mr Fletcher, is there anything, in view of the fact that it's going to be withdrawn, I don't know that you want to put anything on the record but is there anything you did want to say?

PN53

MR FLETCHER: No, Commissioner, that's fine at this point in time.

PN54

THE COMMISSIONER: Certainly you've got leave to withdraw the application, Ms Ford. Could I just indicate that just to bear in mind that if you are going to be and I don't know what the discussions between you were about but particularly in relation to the casual loading and arguably so in relation to the training leave, even if the application is by consent, they will involve increases in the safety net and therefore under principle 10 of the principles, I will have to refer the matters to the President for his consideration as to whether or not to refer them to a Full Bench.

PN55

So just factor that into your timetable and obviously then it's up to him as to whether he refers it to a Full Bench or back to me but if it is going to involve increases in the casual loading and I'm aware of some of the history of the training leave but as I say, even if it's by consent, it arguably is an increase in the safety net because it is providing an entitlement that's not presently in the award and so under principle 10 it has to go off for that consideration. So just bear that in mind in your timetabling of having the matter brought back on.

PN56

If there's nothing further, these matters are all now adjourned. Thank you.

ADJOURNED ACCORDINGLY [3.00pm]