C2004/1903, Transcript of Proceedings [2004] AIRCTrans 1353 (7 April 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 10875
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HINGLEY

C2004/1903

COMMERCIAL MINERALS VICTORIAN
OPERATIONS AWARD

Application under section 113 of the Act
by the Australian Workers Union to vary the
above award re Safety Net Review - Wages -
May 1999, 2000, 2001, 2002 and 2003, etcetera

MELBOURNE

11.00 AM, FRIDAY, 26 MARCH 2004

PN1

MS M. LAMBERT: I appear on behalf of the Australian Workers Union National Office.

PN2

THE COMMISSIONER: Thank you. I will just indicate to you that I have a letter from the company which says, inter alia:

PN3

We provide consent to the award being varied by the application of the AWU.

PN4

So, yes, go ahead.

PN5

MS LAMBERT: Thank you, Commissioner. Commissioner, the matter before you today concerns the variation of the Commercial Minerals Victorian Operations Award 1999 to adjust minimum weekly rates of pay and allowances in accordance with the Full Bench decisions in the National Wage Cases for the years 1999, 2000, 2001, 2002 and 2003, as well as the insertion of the following three test case clauses: one, the reasonable overtime test case clause by deleting the contents of subclause 23.1 and inserting a new subclause 23.1 to be titled requirement to work reasonable overtime as per the draft order; two, parental leave test case clause to be inserted by deleting the contents of clause 29 and inserting a new clause 29,parental leave as per the draft order, and three, the insertion of a supported wage system clause as a new clause 31,supported wage system.

PN6

Commissioner, the AWU is seeking the making of an order concerning these proposed variations to this award. There have been discussions with the relevant employer who is respondent to this award, Unimin Australia. There has been appropriate service of documents upon the other parties in compliance with rules 22 and 72 of the Workplace Relations Act. Such service of documents is evidenced by Mr Dibley's letter to yourself, Commissioner, mentioned previously in this hearing. Concerning the draft order there is an agreed draft order in this matter with an attached calculation sheet showing how the final figures were arrived at. I believe the original draft order and the calculation sheet were filed with the Commission with the initial application in this matter, Commissioner.

PN7

The draft order has been amended to include minor administrative details such as today's date, the C number in this matter and the like. If the Commission pleases, I would like to tender a copy of this agreed document consisting of both the final draft order and the calculation sheet and I respectfully request that you would consider marking this document as an exhibit, Commissioner.

EXHIBIT #AWU1 FINAL DRAFT ORDER AND CALCULATION SHEET

PN8

MS LAMBERT: If it would be of assistance to the Commission the AWU is happy to forward an electronic copy of this draft order to your associate later today, Commissioner.

PN9

THE COMMISSIONER: Yes, I think that would be helpful.

PN10

MS LAMBERT: Concerning the calculations, Commissioner, I would like to draw your attention to the calculations in this matter as per the calculation sheet in exhibit AWU1. All wages and allowances in this award have been adjusted for the relevant Safety Net Review National Wage Case Decisions from 1999 through to 2003 and all calculations have been made in accordance with those decisions. All work - that is wage-related allowances - have been increased in accordance with the relevant principle of each of the Safety Net Review National Wage Case Decisions of the aforementioned years. The method of adjustment for these particular allowances is consistent with the Furnishing and Glass Industries Allowances Decision, print M9675, 21 March 1996.

PN11

All expense related reimbursable allowances have been increased in accordance with the relevant principle of each of the Safety Net Review National Wage Case decisions. These allowances have been increased by the percentage increase of the relevant component in the consumer price index catalogue number 6401.0 as appropriate. Concerning absorption, the Australian Workers Union gives the appropriate undertakings as required by principle 8D of the Safety Net Review Decision of 6 May 2003 with respect to absorption concerning the 12 month requirement. Unfortunately, the 12 month period since the last safety net review for this award has expired a lot more than 12 months ago, Commissioner.

PN12

In fact, this award has not been varied since the final award simplification decision on 8 July 1999, print number R7234. The AWU requests that the operative date for these variations be as of today, 26 March 2004. If the Commission pleases, that concludes my submission in this matter.

PN13

THE COMMISSIONER: Thank you, Ms Lambert. Yes, on the submissions and the materials provided to the Commission, the Commission is satisfied that it should approve the variations. Those variations concern the safety net adjustments to wages and allowances, the clause with respect to overtime, parental leave and the inserted supported wage system. All of those I am satisfied meet the requirements of the principles of the Commission and the Act and they will be approved. The order will come into effect from the first full pay period commencing on or after today, 26 March, and the order shall continue in force for a period of six months. This matter is adjourned. Thank you.

PN14

MS LAMBERT: Thank you very much, Commissioner.

ADJOURNED INDEFINITELY [11.07am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AWU1 FINAL DRAFT ORDER AND CALCULATION SHEET PN8