C2003/6352, Transcript of Proceedings [2004] AIRCTrans 127 (8 January 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 5746

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C2003/6352

TECHNICAL SERVICES - ARCHITECTS -
AWARD 2000

Application under section 113 of the Act
by The Association of Professional Engineers,
Scientists and Managers, Australia, to vary
above award re wages and conditions of
employment

MELBOURNE

3.02 PM, WEDNESDAY, 17 DECEMBER 2003

PN1

MS K. LOVETT: I appear on behalf of The Association of Professional Engineers, Scientists and Managers, Australia.

PN2

MR N. RUSKIN: I appear for the Association of Consulting Architects Australia and I seek leave to appear.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you. Ms Lovett, have you any objection to Mr Ruskin's appearance as counsel?

PN4

MS LOVETT: No, your Honour.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, well, this is an application in relation to this year's safety net. I might indicate that there has been a phone call from a representative of VECCI to indicate that VECCI doesn't oppose the order. Yes, Ms Lovett.

PN6

MS LOVETT: Your Honour, the application was lodged on 21 November 2003. The application for substituted service was lodged on 24 November. On 25 November the parties listed on the order for substituted service were sent a copy of our application to vary the award and a copy of the draft order which apparently as I understand it hasn't been received. I was told by assistant this afternoon that she had forwarded the draft order. However, it hasn't been received.

PN7

THE SENIOR DEPUTY PRESIDENT: It hasn't been received by whom?

PN8

MS LOVETT: By ACAA and I don't know about VECCI. ACAA now have a copy of the draft order.

PN9

THE SENIOR DEPUTY PRESIDENT: I assume VECCI has a copy because their message is they don't oppose it.

PN10

MS LOVETT: So, your Honour, I am not sure what happened to that draft order.

PN11

THE SENIOR DEPUTY PRESIDENT: Well, I can't help you.

PN12

MS LOVETT: On 5 December 2003, all parties on the order for substituted service were notified of the hearing by registered post and a sworn statement to that effect providing evidence of the mailing was lodged with the Commission on 9 December 2003. At this stage - - -

PN13

THE SENIOR DEPUTY PRESIDENT: I have a bundle of documents on the file that supports what you have just said. I will mark that bundle of documents.

EXHIBIT #APESMA1 BUNDLE OF DOCUMENTS

PN14

MS LOVETT: At this stage, if the Commission pleases, I would formally take you to the draft order.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes, are you going to give me a copy?

PN16

MS LOVETT: Do you not have a copy?

PN17

THE SENIOR DEPUTY PRESIDENT: I have a copy of orders that appear in APESMA1, but I just want to make sure that we are talking about the same thing. Yes.

PN18

MS LOVETT: Clause 17, salaries, classification and progression has been varied as per the safety net decision with all classifications in subclauses 7.2.1 being increased. The rate is up to $731.80 per week has been increased by $17 per week and rates above $731.80 have been increased by $15 per week. The required absorption clause has been inserted into the award at 17.2.4 and the Association makes a formal undertaking and formal commitment on absorption as required by principle 8(d), by deleting from clause 17.3.2(a) relating to the Federal minimum wage the amount of $431.40 and inserting in lieu thereof $448.40. Allowances consistent with the Full Bench safety net review, we seek to adjust the allowances consistent with the furnishing and glass industries allowance decision, print M9675. In clause 25, vehicle allowance increases from 42 cents per kilometre travelled to 43.1 cents per kilometre travelled and in subclause 29.2, meal allowance increases from $5.76 to $5.91.

PN19

Your Honour, the Association has not yet addressed the issue of inserting into the award a model supported wage clause as proposed by the Full Bench at paragraph 238 in their safety net review decision, but we undertake to have discussions with the parties regarding this issue. The application is consistent with the decisions of the Full Bench and we seek variation of the award effective from - I am happy to be flexible on the date it is effective from because my friend hasn't had an opportunity to see the draft order, so long as it is 12 months since the last increase in wages and to remain in force for six months. The relevant print number is PR925274 and that concludes the Association's submissions.

PN20

THE SENIOR DEPUTY PRESIDENT: When was the 2002 increment operative from?

PN21

MS LOVETT: That was 10 November.

PN22

THE SENIOR DEPUTY PRESIDENT: I will mark the draft order that you have handed up.

EXHIBIT #APESMA2 DRAFT ORDER

PN23

THE SENIOR DEPUTY PRESIDENT: It has been pointed out to me by my Associate that clause 17.35 and 17.36 of the award refers to the safety net review wages decision of 2002. That should be also updated, should it not, to reflect the 2003 decision?

PN24

MS LOVETT: Yes, your Honour.

PN25

THE SENIOR DEPUTY PRESIDENT: Mr Ruskin, nice to see you. What have you got to say for yourself?

PN26

MR RUSKIN: Thank you, your Honour. I have got a couple of things to say. Firstly, in terms of this application, my client appears not to have received the order and therefore would want a period of time to just review the terms of the order to see that it is correct and he is satisfied with it.

PN27

THE SENIOR DEPUTY PRESIDENT: I might indicate that my Associate has checked that she is satisfied, which means I am satisfied, subject to anything you have to say.

PN28

MR RUSKIN: Well, I would just like to get my calculator out and just check that it is okay. Secondly, that is right, I think the last variation would have been probably about 7 November last year, but I don't think it matters. Thirdly, there seems to be two clause 17.3 in the award, but we know which clause we are talking about. There is one called progression from graduate of architecture to registered architect and one called Federal minimum wage.

PN29

THE SENIOR DEPUTY PRESIDENT: Yes, it is the Federal minimum wage one that I am talking about.

PN30

MR RUSKIN: Yes, so we don't oppose the application in terms of giving effect to the safety net review of May and it is in line with the decision in terms of 12 months since the last increase, but we would like some time to examine the order and confirm that it is in order, if we could have a period of seven days.

PN31

THE SENIOR DEPUTY PRESIDENT: Yes. What I will do is I will vary the award in terms of the draft order. The variation will operate on and from today's date, but I won't make the order until a week from today and, of course, if I hear from you to the effect that you object, I won't make the order without giving you an opportunity to be heard.

PN32

MR RUSKIN: Would it be from the first pay period after today's date or on and from? The order does say on and from, the draft order. It says the first full pay period to commence on or after.

PN33

THE SENIOR DEPUTY PRESIDENT: On or after today's date, yes.

PN34

MR RUSKIN: So you mean that in terms of the pay period?

PN35

THE SENIOR DEPUTY PRESIDENT: Yes, I will adopt the wording that Commissioner Smith used on the last occasion.

PN36

MR RUSKIN: Thank you, your Honour.

PN37

THE SENIOR DEPUTY PRESIDENT: Is that satisfactory, Mr Ruskin?

PN38

MR RUSKIN: Yes, thank you, it is.

PN39

THE SENIOR DEPUTY PRESIDENT: Is that satisfactory, Ms Lovett?

PN40

MS LOVETT: Yes, thank you, your Honour.

PN41

THE SENIOR DEPUTY PRESIDENT: Having said all of that, compliments of the season and we will adjourn the Commission.

ADJOURNED INDEFINITELY [3.12pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #APESMA1 BUNDLE OF DOCUMENTS PN14
EXHIBIT #APESMA2 DRAFT ORDER PN23