C2004/28, Transcript of Proceedings [2004] AIRCTrans 1244 (2 April 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 10202

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER CARGILL

C2004/28
C2004/29
C2004/30
C2004/36

BUILDING AND CONSTRUCTION INDUSTRY
(NORTHERN TERRITORY) AWARD 2002

NATIONAL BUILDING AND CONSTRUCTION
INDUSTRY AWARD 2000

ENGINE DRIVERS' AND FIREMEN'S
(ACT) AWARD 2000

BUILDING AND CONSTRUCTION INDUSTRY
(ACT) AWARD 2002

Applications under section 113 of the Act
by the Construction, Forestry, Mining and
Energy Union to vary the above awards re
redundancy payment

SYDNEY

10.00 AM, TUESDAY, 23 MARCH 2004

PN1

THE COMMISSIONER: Could I have appearances please?

PN2

MR S. MAXWELL: I appear on behalf of the Construction, Forestry, Mining and Energy Union in all matters.

PN3

MR R. CALVER I appear for Master Builders Australia and its registered affiliates. With me today is MR P GLOVER from the Master Builders Association of New South Wales one of those registered affiliates. We are appearing in matter C2004/29 in respect of the National Building and Construction Industry Award.

PN4

THE COMMISSIONER: But not in respect of the other three awards?

PN5

MR CALVER: In respect of the ACT we are. We have no instructions in respect of the other two, but principally in respect of C2004/29. If it please the Commission.

PN6

MR F. SHERMAN: I appear for the Australian Industry Group. Commissioner, appearing in all the matters except for the Northern Territory matter.

PN7

MR P. RYAN: I appear for Employers First. We are seeking to appear in the National Building and Construction Industry Award which is the C2004/29.

PN8

MR I. WARREN: I am from the Building Industry Specialist Contractors Organisation. I seek leave to appear on behalf of respondent members of the Association of Wool and Ceiling Industries of the New South Wales and the Australian Specialist Contractors Association, only in the matter related to the National Building and Construction Industry Award.

PN9

MS M. MacDONALD: I appear on behalf of Australian Business Industries and its respondent members. I only appear in matter number 2004/30, that is the ACT award.

PN10

THE COMMISSIONER: Right, thank you, Ms MacDonald. Yes, Mr Maxwell?

PN11

MR MAXWELL: Thank you Commissioner. Commissioner these are applications to vary four awards in regard to the redundancy clause. As you may be aware the redundancy clauses in the building awards have a fair degree of history behind them. However, an issue has arisen which is mainly in regard to how the award may affect fringe tax benefits tax payable by employers. There's seems to be a difference of opinion between the Tax Office and the various respondents to the award as to whether or not the award places an obligation on the employer to make contributions to a redundancy fund once an employer so elects to make such contributions.

PN12

At this stage your Honour some of the parties have meet to discuss the application, in particular the AIG and the MBA and the CFMEU. I have had discussions with Australian Business Industrial about the matter. I have also had discussions with the Northern Territory Chamber of Commerce and Industry. I should perhaps just point out that in regards to the Northern Territory Award we actually think that the clause numbering is wrong, but the intent is still there and that was understood by the Northern Territory Chamber.

PN13

The situation we are in is that the parties are seeking a consent variation. However we are yet to find a form of wording that we believe will meet everybody's requirements. I would suggest perhaps that if we could just go into conference and then discuss how this matter may proceed, that may be the best option for all involved. If the Commission pleases.

PN14

THE COMMISSIONER: I gather there is some imperative isn't there Mr Maxwell in this?

PN15

MR MAXWELL: There is. It is our understanding that the fringe benefits tax I think may come into force from 1 April and that's why we want to discuss the issues in conference and how those issues may be best dealt with. If the Commission pleases.

PN16

THE COMMISSIONER: All right. Thank you, Mr Maxwell. Can I just find out is there agreement from other parties from the bar table to go into conference.

PN17

MR CALVER: If it please the Commission, we have conciliated informally with the CFMEU on 12 March and again this morning and it is our request also that we go into conference to better explain the problem to you, perhaps informally, and to come to some arrangement about how we can progress the matter within the time frame required. If it please the Commission.

PN18

THE COMMISSIONER: Thank you, Mr Calver. Mr Sherman?

PN19

MR SHERMAN: Yes, thank you, Commissioner. We also suggest that a conference at this point in time would be the best option.

PN20

THE COMMISSIONER: Mr Ryan?

PN21

MR RYAN: We have no objection to that Commissioner.

PN22

THE COMMISSIONER: Mr Warren?

PN23

MR WARREN: We agree, Commissioner.

PN24

THE COMMISSIONER: Ms MacDonald?

PN25

MS MacDONALD: No objection.

PN26

THE COMMISSIONER: In that case we will go off the record and into conference.

NO FURTHER PROCEEDINGS RECORDED [10.07am]