C0062/199, Transcript of Proceedings [2003] AIRCTrans 93 (9 January 2003)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS

O/N VT1171
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C No 00621 of 1999

CITY OF SUNSHINE AWARD 1992

Review under Item 51, Schedule 5,
Transitional WROLA Act 1996

MELBOURNE

10.20 AM, TUESDAY, 18 DECEMBER 2002

PN1

MS T. EGGANS: I appear on behalf of Brimbank City Council.

PN2

MS J. FREDRICKS: I appear for the Association of Professional Engineers, Scientists and Managers.

PN3

MS J. PRICE: I appear for the Australian Services Union.

PN4

THE SENIOR DEPUTY PRESIDENT: This is a long running item 51 saga, but I think we are getting somewhere, aren't we? I received a facsimile transmission, or my Associate did, yesterday with some comments, or responses rather, to comments made by the award simplification unit earlier this year. And I have looked through those comments, and it seems that the parties have agreed to a final award, have you?

PN5

MS EGGANS: Yes, that is correct.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes. Are the wages properly fixed minimums?

PN7

MS EGGANS: We believe they should be seen as minimum rates, yes.

PN8

THE SENIOR DEPUTY PRESIDENT: Sorry?

PN9

MS EGGANS: We believe - yes, they should be seen as minimum rates.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes. But why?

PN11

MS EGGANS: Because - - -

PN12

THE SENIOR DEPUTY PRESIDENT: How do I know? Other than you saying so?

PN13

MS EGGANS: Just go to the files. Yes, in the annual review clause 15, it talks about progression of a staff member from one level to the next, and that:

PN14

... it will not be automatic, but rather based on the acquisition of new or enhanced skills, and the meeting of established performance objectives, as well as satisfactory service.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes. That does seem to me to satisfy the requirement that there not be automatic incremental increases. But what about the actual quantum of the wages? Have they been - can they be said to be properly fixed minimum rates? Have they ever been fixed in accordance with the minimum rate adjustment decision or have they - - -

PN16

MS EGGANS: They haven't been - I understand they haven't been adjusted since about 1996.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes, I noticed that too. That was my next matter that I was going to get to, but - - -

PN18

MS EGGANS: Right.

PN19

THE SENIOR DEPUTY PRESIDENT: Do they relate to any other award that has had properly fixed minimum rates?

PN20

MS EGGANS: I am not - - -

PN21

THE SENIOR DEPUTY PRESIDENT: Are they based on another award?

PN22

MS EGGANS: I am not sure actually on that history.

PN23

THE SENIOR DEPUTY PRESIDENT: Well, maybe one of the other representatives can assist me.

PN24

MS PRICE: My history is - it was a paid rates award, and I am just trying to think of - the history goes back before my - I have been at the union for 22 years and it goes back before that time. Yes, it was established as a paid rates award. That would have to be back in the '70s at some stage.

PN25

THE SENIOR DEPUTY PRESIDENT: Well it sounds as though it - - -

PN26

MS PRICE: I am not sure of the history beyond that.

PN27

THE SENIOR DEPUTY PRESIDENT: Yes. Ms Fredricks, can you help?

PN28

MS FREDRICKS: No, not beyond what my colleagues have said.

PN29

THE SENIOR DEPUTY PRESIDENT: Well, I can't be satisfied that these have been properly fixed minimum rates.

PN30

MS EGGANS: Could we perhaps do some research on that and - - -

PN31

THE SENIOR DEPUTY PRESIDENT: Yes, I think you will need to.

PN32

MS EGGANS: - - - advise you.

PN33

THE SENIOR DEPUTY PRESIDENT: Yes. Another question I have is that you have put some rates into clause 18.7.4 for vehicle allowances. Could you just explain how those rates have been arrived at?

PN34

MS EGGANS: They are actually derived from the Victorian Local Authorities Award, and they are currently paid to home care staff. So rather than - as per our enterprise agreement. And rather than just referring to the rates in the enterprise agreement, we thought it better to actually set them out.

PN35

THE SENIOR DEPUTY PRESIDENT: Yes. Very well. Thank you. Okay. Now, do you have a draft award that incorporates these changes that you have agreed to make?

PN36

MS EGGANS: No, we don't at this stage, because we thought it best just to get this confirmed.

PN37

THE SENIOR DEPUTY PRESIDENT: Yes.

PN38

MS EGGANS: And then, of course, we can prepare a draft.

PN39

THE SENIOR DEPUTY PRESIDENT: Yes. Well, I direct you to do so. And once I receive that I will make the award in the terms sought - in the terms agreed, rather, with a notation on the - on clause 14 that the rates - that that clause has not been reviewed under Item 51. And I also request that you do some research and forward some hopefully agreed submissions to me. When would be a convenient - I will just go off the record to talk about dates, I think.

OFF THE RECORD

PN40

THE SENIOR DEPUTY PRESIDENT: Yes, well the parties are - have agreed that they will forward to me a draft award that incorporates all of the agreed changes referred to in the responses to the comments made by the award simplification unit, which I think I will mark as an exhibit.

EXHIBIT #1 RESPONSES TO COMMENTS BY AWARD SIMPLIFICATION UNIT

PN41

THE SENIOR DEPUTY PRESIDENT: And the parties are also directed to provide me with submissions, hopefully an agreed set of submissions in relation to the question of whether the rates of pay are a properly fixed minimum. And if not, how they should be adjusted by the - what date in February did you ask for?

PN42

MS EGGANS: About the 12th.

PN43

THE SENIOR DEPUTY PRESIDENT: 12 February 2003. The draft award is to be filed by 10 January 2003. And I will consider the question of whether this matter needs to be re-listed, or whether I can deal with it on the papers, once I have received those submissions. We will adjourn the Commission. Thank you.

ADJOURNED INDEFINITELY [10.30am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #1 RESPONSES TO COMMENTS BY AWARD SIMPLIFICATION UNIT PN41