C0081/298, Transcript of Proceedings [2003] AIRCTrans 641 (27 February 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

C No 00812 of 1998

AWU GEOMEMBRANE AND GEOTEXTILE
INSTALLATION AWARD 1989

Review under Item 51, Schedule 5,
Transitional WROLA Act 1996 re
conditions of employment

SYDNEY

2.03 PM, TUESDAY, 11 FEBRUARY 2003

Continued from 15.11.02

Hearing continuing

PN29

THE VICE PRESIDENT: Can I have the appearances, please?

PN30

MR G.R. BEARD: If it please your Honour, I appear on behalf of the Australian Workers Union.

PN31

THE VICE PRESIDENT: Thank you, Mr Beard. I note there are no other appearances but from the file it would appear that each of the employer organisations have expressed an interest in this matter in the past and, in fact, all of the named employer organisations or employers have been notified of the hearing and provided with an amended version of the draft prepared by the AWU. Have you heard from any of those organisations, Mr Beard?

PN32

MR BEARD: No, I haven't, your Honour. I understand the main concern from the listed employers was in regard to the award being set aside. I know that that did cause some interest on the part of the employers but once it was deemed that it will in fact be simplified that seemed to take care of their interests. I certainly have had no communication with any of the employers.

PN33

THE VICE PRESIDENT: All right. Do you have any comments or objections to the draft orders circulated?

PN34

MR BEARD: No. I've had the opportunity, your Honour, of going through the document that was forwarded to the union on 29 January and we consent to the new award being made from today's date.

PN35

THE VICE PRESIDENT: All right. I think the only question I had was in relation to the rates of pay and how they might relate to properly fixed minimum rates. Do you have any views about that?

PN36

MR BEARD: When I was having a look at the rates, your Honour, I noticed that the rates in the award hadn't been varied since 1997. However, in having a look at the rates, they appeared to be minimum rates certainly. Whether they were properly fixed minimum rates - I was having a quick glance at the classification structure again just prior to the hearing and I'm aware of the supplementary paid rates decision and the need to have essentially a C10 type equivalent.

PN37

THE VICE PRESIDENT: Well, only if it's with a properly fixed minimum rate. Normally it's done with C10. Can you give some thought to, firstly, what the current minimum rates are, that is, with the up-to-date safety net adjustments and you would need to identify one of the levels from 1 to 5 as the key classification level, and provide a link between that level and a rate in a properly fixed minimum rate award. Whether it's C10 or another level isn't really the central issue. It would be linked to, given the nature of the work in this award, probably something in the National Building and Construction Industry Award perhaps or something in the Metal Industry Award.

PN38

MR BEARD: Yes, your Honour. I wonder if it would be worthwhile just going into conference to discuss this area further?

PN39

THE VICE PRESIDENT: We will just go off the record for the moment.

OFF THE RECORD [2.05pm]

RESUMES [2.13pm]

PN40

THE VICE PRESIDENT: Well, the course I propose is to advise the employers who have expressed an interest in this matter of the hearing today, that the AWU has no objection to the draft forwarded, that I would provide them with 14 days to lodge any objection to a draft in the terms that have been circulated and I will re-list the matter for further hearing at 9am on Wednesday, 26 February. The purpose of the hearing on that day would be to hear submissions regarding the rates of pay and classification structure in the award and whether or not those rats have been properly fixed.

PN41

There being nothing further, I will adjourn.

ADJOURNED UNTIL WEDNESDAY, 26 FEBRUARY 2003 [2.14pm]