C2003/5939, Transcript of Proceedings [2003] AIRCTrans 4865 (5 November 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HARRISON

C2003/5939

PHILIP MORRIS LIMITED AWARD 1998

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

10.12 AM, MONDAY, 20 OCTOBER 2003

Adjourned sine die

PN1

THE COMMISSIONER: May I have the appearances please?

PN2

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

PN3

THE COMMISSIONER: Thank you, Ms Piercy.

PN4

MS P. THEW: May it please the Commission, I seek leave to appear on behalf of Philip Morris.

PN5

THE COMMISSIONER: Thank you, Ms Thew. Ms Piercy?

PN6

MS PIERCY: Thank you Commissioner. Commissioner, the parties had been notified of today's hearing. They were sent a copy of a variation notice of hearing, draft order and calculation schedule, by registered post on 13 October 2003. I have a statement of service and attached is the registered post receipt and the letter forwarded to the company.

PN7

THE COMMISSIONER: Thank you. I will mark that exhibit P1.

EXHIBIT #P1 STATEMENT OF SERVICE, REGISTERED POST RECEIPT AND COPY OF LETTER FORWARDED TO COMPANY

PN8

MS PIERCY: Commissioner, the parties have had discussions and have reached agreement on the draft order which I believe has been forwarded to your chambers. Perhaps on Friday, I am not quite sure of the date.

PN9

THE COMMISSIONER: Yes, I have seen the draft order. We were Interstate most of last week, but it did arrive.

PN10

MS PIERCY: Thank you, Commissioner. This application seeks to have the Safety Net Review 2003 applied to the Philip Morris Limited Award 1998. As well as applying the test case provisions of supported wage, reasonable overtime and parental leave to include casuals. Commissioner, wage rates and allowances have been increased in accordance with the Safety Net Review decision of 2003 and the union gives a relative commitment to absorption. The 12-month requirement lapses on 1 November 2003 and the union seeks that the operative date be from that date and an order issued in due course. If the Commission pleases.

PN11

THE COMMISSIONER: Thank you, Ms Piercy. Ms Thew?

PN12

MS THEW: I am instructed to consent to the application made by the AWU on behalf of my client, may it please the Commission.

PN13

THE COMMISSIONER: Thank you. This is an application by the Australian Workers' Union to vary the Philip Morris Limited Award 1998 to give effect to the Safety Net Review decision of the Full Bench of this Commission in May 2003, and also to increase work-related allowances and expense-related allowances in accordance with that decision. The application also seeks to insert the test case provisions regarding parental leave, to include casuals, reasonable overtime and a supported wage system. The parties to the award consent to the variations sought by the union.

PN14

In those circumstances I will vary the award in the manner sought in the draft order provided to the Commission. An order giving effect to this decision will take effect from the first full pay period to commence on or after 1 November 2003.

ADJOURNED INDEFINITELY [10.16am]