C2004/1576, Transcript of Proceedings [2004] AIRCTrans 1308 (5 April 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 6516

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER EAMES

C2004/1576
C2004/1588
C2004/1589
C2004/1590

PILOTS' (GENERAL AVIATION) AWARD 1998

REGIONAL AIRLINES PILOTS' AWARD 2003

HELICOPTER PILOTS (GENERAL AVIATION) AWARD 1999

AERIAL AGRICULTURAL AVIATION PILOTS AWARD 1999

Applications under section 141 of the Act by
Australian Federation of Air Pilots for a common
rule award

MELBOURNE

2.02 PM, WEDNESDAY, 24 MARCH 2004

THIS HEARING WAS CONDUCTED VIA VIDEO LINK AND RECORDED IN MELBOURNE

PN1

THE COMMISSIONER: Can I have the appearances in Melbourne, please.
YMS K. BOWSHELL: I appear on behalf of the Australian Federation of Air Pilots and with me is MR S. LUTTON.

PN2

THE COMMISSIONER: Thank you, and in Darwin.

PN3

MS B. ROBERTS: I appear for the Northern Territory Chamber of Commerce.

PN4

THE COMMISSIONER: Thank you. All right. Ms Bowshell.

PN5

MS BOWSHELL: Commissioner, these are four applications under section 141 of the Workplace Relations Act. The Federation seeks declarations of common rules in respect of four awards, the Pilots' General Aviation Award 1998, the Regional Airlines Pilots' Award 2003, the Helicopter Pilots (General Aviation) Award 1999 and the Aerial Agricultural Aviation Pilots Award 1999. The Federation originally applied to the Commission on 27 January this year for a declaration to apply in the two territories and Victoria in relation to the Pilots' General Aviation Award. In relation to the other three awards, similar applications were made on 30 January this year. All the applications were in the prescribed form and complied with regulation 16. Directions were initially issued with notices of listing dated 10 February 2004.

PN6

On 12 February, following discussions with the Victorian Trades Hall Council and the Commission, all four applications were amended to restrict the operation to the Northern Territory and the Australian Capital Territory. On 26 February the Commission issued an amended notice of listing with an amended order for substituted service. That order has been complied with and I can hand up the statement of service with attachments to attest to that fact, with copies for all four of the Commission's files.

PN7

THE COMMISSIONER: I won't mark those but I will simply attach them to the Commission's file. Thank you.

PN8

MS BOWSHELL: Thank you. In support of this application, the Federation submits that it's in the public interest to have all employees in the aviation industry covered by minimum award protections consistent with section 88A of the Act. These are all simplified awards. The nature of the industry is such that it is difficult for the Federation to monitor award respondency; there is a great deal of transition between these small operators in the territories. Accordingly, we submit that these applications are appropriate and are the most expedient way of preventing further industrial disputes in the two jurisdictions. Commissioner, there are no more appropriate awards currently in force for the relevant employees and, we submit, that if the - or if such awards did come into existence, paragraph 2(b) of the draft declarations would prevent any uncertainty.

PN9

I have submitted draft declarations to your associate, electronically. Would paper copies be of assistance?

PN10

THE COMMISSIONER: Yes - no, I have those attached to the file, thank you.

PN11

MS BOWSHELL: The Federation has received one objection to these applications in their present form, from the Office of the Commissioner for Public Employment in the Northern Territory. I spoke to David Johnston of that office, yesterday, and I have since been advised by your associate that that office has made a written submission, which is on the Commission's files, saying that they no longer have any objection to the draft declarations in their current form.

PN12

THE COMMISSIONER: Yes, that's right; that was received yesterday and I was going to make reference to the correspondence. It's from John Kirwan, the Commissioner for Public Employment, dated 23 March, indicating that the Office of the Commissioner for Public Employment has no objection to the declarations being made to the awards.

PN13

MS BOWSHELL: Thank you. We also received a notice of appearance from the Victorian Employers Chamber of Commerce and Industry. I believe that related entirely to the applications in their original form, with Victoria, and that they no longer have an interest in this matter, but I haven't heard anything further from them since then. I am not sure if the Commission has received anything further from them?

PN14

THE COMMISSIONER: Again, we did receive correspondence from that organisation indicating that they were aware of the application, had an interest in the matter but, as far as I am aware, they have been properly notified of these proceedings today and the fact that there is no appearance in the matter would tend to confirm your observation, I think, Ms Bowshell. I am happy to proceed on that basis at any rate.

PN15

MS BOWSHELL: Thank you, Commissioner. As I have mentioned, you have draft declarations in the form sought, on your files, and the Federation seeks an operative date of 24 March, being today. I have no further submissions. If it please the Commission.

PN16

THE COMMISSIONER: All right. No, thank you, that is quite comprehensive. Ms Roberts, I should hear from you.

PN17

MS ROBERTS: Yes. I have actually canvassed our members about the common rule declaration and I received - the response I received was very favourable towards the common rule declaration; so we don't object to it; however, I have never actually received the draft declaration, so I don't have a copy of how it's going to be inserted in the award or where.

PN18

THE COMMISSIONER: All right. But in principle you have no objection to the application?

PN19

MS ROBERTS: That's correct.

PN20

THE COMMISSIONER: All right. Thank you. Then what I would propose to do unless there is anything further you wanted to put on the record, Ms Bowshell, I am satisfied that the criteria in the Act for the making of a declaration of a common rule has been made out in this case. I think the appropriate notifications have been made and the paperwork, so to speak, is all appropriate. On that basis it is my intention to declare a common rule in relation to the Pilots' General Aviation Award 1998. The Regional Airlines Pilots' Award 2003, the Helicopter Pilots (General Aviation) Award 1999 and the Aerial Agricultural Aviation Pilots Award of 1999. My proposal is that the declaration would be operative from midnight on 24 March 2004, however, in an abundance of caution, having come to that view to give Ms Roberts an opportunity to see the actual declaration, I will allow seven days for copies of the proposed declarations to be forwarded to Ms Roberts in the Northern Territory and, if, at the expiration of seven days I have not heard any objection to the proposal going forward then I would issue the declaration in the terms sought by the parties.

PN21

In the event that there is some difficulty and the matter requires re-listing, then I will leave that to the industrial parties to notify the Commission; should it be necessary to take any further submissions I will do so. But on the face of the application that is made I think it is appropriate and have come to the view that section 141 has been complied with. The declarations will issue as I have indicated. On that basis the Commission stands adjourned.

ADJOURNED INDEFINITELY [2.10pm]