C2002/6081, Transcript of Proceedings [2003] AIRCTrans 587 (24 February 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER JONES

C2002/6081

ENTERTAINMENT AND BROADCASTING INDUSTRY -
TICKETING AGENCIES - AWARD 2001

Application under section 113 of the Act
by Media, Entertainment and Arts Alliance
to vary the above award

SYDNEY

10.14 AM, THURSDAY, 6 FEBRUARY 2003

PN1

THE COMMISSIONER: Can I have the appearances please?

PN2

MR N. DAVISON: Commissioner, I appear for the Media, Entertainment and Arts Alliance.

PN3

THE COMMISSIONER: Thank you, Mr Davison. Proceed.

PN4

MR DAVISON: Before I actually begin, we actually met the representative from the AEIEA, the employer's representative, downstairs who had no knowledge of the hearing and hadn't heard anything from the respondents so from talking to your associate I'm suggesting that we proceed with the application and then if the Commission pleases AEIEA will be contacted. We have given a copy now to the AEIEA so they have now a copy of the draft order but if they could be given 7 days to actually verify and to then give their consent to the draft order as it stands.

PN5

THE COMMISSIONER: I think that is normal.

PN6

MR DAVISON: Thank you very much. The MEAA has made an application to vary the Entertainment and Broadcasting Industry - Ticketing Agencies - Award 2001 to give effect to the decisions of the Commission in the May 2001/2002 safety net review wages decision and increased reimbursement allowances in accordance with 5A of the Commission's statement of principles; and to give effect to the decision of the Commission in the parental leave, casual employees test case decision, PR904631.

PN7

In accordance with the May 2002 safety net review of wages decision the Alliance seeks to incorporate the arbitrated safety net increases to be effective from today's date. I'll hand up draft orders in the terms we are seeking.

PN8

THE COMMISSIONER: Thank you. From today's date or 19 February?

PN9

MR DAVISON: That's a very good question, Commissioner. I believe my colleague has indeed put 19 February on the draft order. I'm afraid I'm not quite sure what their intention necessarily was.

PN10

THE COMMISSIONER: Well, maybe the period that has elapsed during the - - -

PN11

MR DAVISON: Yes, most probably. If you don't mind, Commissioner, may I just verify the actual date that has passed since the last which may be the 19th.

PN12

THE COMMISSIONER: The order of completeness tells about the first pay period on or after 9 February; on the third page in clause 18.1, and then at the back on B, it tells about the order will come into force fro the first pay period to commence on or after 3 February.

PN13

MR DAVISON: Yes, Commissioner.

PN14

THE COMMISSIONER: I am reading off the draft we had originally. I will read off this one.

PN15

MR DAVISON: I don't know whether the one you've got now is actually going to be - - -

PN16

THE COMMISSIONER: Yes, this one is typed. There appears to be some conflict as set out - - -

PN17

MR DAVISON: I will have to verify.

PN18

THE COMMISSIONER: As I am going to give seven days to the AEIEA to respond, I will give you seven days also to either respond by correcting it or respond by saying it's right.

PN19

MR DAVISON: Thank you, Commissioner, yes, that will be great.

PN20

THE COMMISSIONER: To save you going back.

PN21

MR DAVISON: Commissioner, the application fulfils the principles in the safety net reviews in that the draft order seeks to include a safety net increase of $18 on the base rate of the award. The operative date, we hope, is no earlier than the date of the variation to the award and column 1 is effective from today's date or as notified. A Federal minimum wage is provided for at clause 18.4.2(a) of the award. It includes a clause indicating the unions commitment to the absorption of the safety net increases into overaward payments and includes a total minimum rate for each classification as a minimum rates adjustment has been completed.

PN22

Commissioner, I affirm that the notice of hearing of the application to the AIRC and a draft order has been served on the respondent to the award by certified post on 20 December 2002 and 4 February 2003. The third listed respondent to the award, Kayden Pty Limited, is not deregistered. Firstly, I can hand up copies of the registered post to verify receipt, to verify the delivery of the documents to the parties. I can also offer up the company search conducted by the Alliance through the Australian Securities Commission confirming that the company, Kayden Pty Limited, no longer trades.

PN23

THE COMMISSIONER: So can I get an application at the same time to have the respondent removed from the list?

PN24

MR DAVISON: I believe that probably would be appropriate, Commissioner, yes. I would like to make an application that that respondent is removed from the list as that company no longer trades.

PN25

THE COMMISSIONER: You are really going to have to make a separate application now. It could have been incorporated in this.

PN26

MR DAVISON: Very well.

PN27

THE COMMISSIONER: If you can make a separate application and I don't think there is any need to be here before me based on the transcript today. No, make the application.

PN28

MR DAVISON: Make the application, all right.

PN29

THE COMMISSIONER: I may not get the file.

PN30

MR DAVISON: Therefore the Alliance seeks to vary the award to incorporate the 2002 safety net adjustments and the parental leave casual employees test case decision to be incorporated in the award from today's date.

PN31

THE COMMISSIONER: From a date to be - - -

PN32

MR DAVISON: From a date to be determined. I thank you for your patience, Commissioner.

PN33

THE COMMISSIONER: That's all right. If I receive from AEIEA within the next seven days they are content to the draft order then I will - and also at the same time receive from me within the same span of days, whether they wish to amend the order, draft order was it, I will vary the - and everything is okay from then on in - I will vary the Entertainment and Broadcasting Industry-Ticketing Agencies Award 2001 with a date effective from whatever one applies.

PN34

MR DAVISON: Thank you, Commissioner.

PN35

THE COMMISSIONER: This Commission is now adjourned.

ADJOURNED INDEFINITELY [10.22am]