C2004/1830, Transcript of Proceedings [2004] AIRCTrans 1807 (17 May 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 6992

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

C2004/1987
C2004/1830
C2004/1986
C2004/2011

VEHICLE INDUSTRY - REPAIR SERVICES
AND RETAIL - AWARD 2002

Applications under section 113 of the Act
by the Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union -
Vehicle Division and Another to vary the
above award re amendments to paragraph 6
and casual rates and loadings, clause 18(e)(iii)
and hours of work

MELBOURNE

1.07 PM, WEDNESDAY, 5 MAY 2004

Continued from 25.3.04

PN1

THE SENIOR DEPUTY PRESIDENT: Is there any change in appearances?

PN2

MS G. MARTON: Senior Deputy President, I continue to represent VACC Motor Traders Association of South Australia, and Motor Traders Association of New South Wales, but I do not have instructions from the AI Group.

PN3

THE SENIOR DEPUTY PRESIDENT: Who wants to report back?

PN4

MS SCHLESINGER: Your Honour, in respect of the casual loadings, and the application that has been filed by the AMWU vehicle division, we don't have a resolution on that matter to report today, but I can indicate that a proposition has been put to the union by the VACC, and the other parties that they represent. That is now under consideration, and I would probably like to indicate that I think we are all capable of reaching a resolution on that application.

PN5

THE SENIOR DEPUTY PRESIDENT: Ms Marton?

PN6

MS MARTON: I just would like to confirm that the parties confirm that on behalf of the VACC MT South Australia and MT New South Wales we put a proposition to the union which would settle the claim in respect of application 1830, and I've got instruction to indicate that it is unlikely that we will put a similar proposition in respect of 2011, which is the spread of hours.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, okay. What can you tell me about the other ones, the SDA ones?

PN8

MS MARTON: We haven't had any meeting or conferring with the SDA. The various industrial groups have considered the claim and my understanding is that the claim would be rejected in its form, however, the employers group are considering to address some of the issues raised in those claims and will go back something to the union, but probably in very different format as to how the SDA application seeks to amend the award.

PN9

THE SENIOR DEPUTY PRESIDENT: Okay, so you are looking to put something to them?

PN10

MS MARTON: Yes, in the very near future. We consulted a number of organisations and units within all this reorganisation, and there is one more body which we need to consult with. That meeting is going to be on 20 May, and after that I will be in a position to put an offer to settle the union claim, but not in the format as the union currently sees it.

PN11

THE SENIOR DEPUTY PRESIDENT: Okay. Mr Eberhard?

PN12

MR EBERHARD: Your Honour, VECCI did have a meeting scheduled with both the AMWU and the SDA, and basically due to my own stupidity of not reading my diary I didn't attend that and Ms Schlesinger rang me and said: where are you? I said: well, I'm at the office, and she said: well, you are meant to be here. So we haven't had any discussions with either of the applicants in this matter. Unfortunately the instance in regards to the proposal being put by the VACC, it is the first I've heard of it. I don't know whether someone else in our organisation has received a copy of the proposition, but we would certainly be interested in receiving that and reviewing it ourselves to see whether we can support such a proposition, if the Commission pleases.

PN13

MS MARTON: If I may assist the Commission, I had an opportunity to discuss yesterday the proposition that we put to the union with the AI Group, but I didn't have instruction to make any comments for the record, but they are aware of the content of the proposition that the other Motor Traders Association put to the AMWU.

PN14

THE SENIOR DEPUTY PRESIDENT: All right. Well, what should I do?

PN15

MS SCHLESINGER: Your Honour, the SDA isn't here. I think it would probably be accurate to say that - and I think Mr Ryan has put that on the record before, that his claim is probably a little bit more difficult to settle than casual loading. Perhaps it would be appropriate to give the employers until 20 May to formulate that proposition. I think Mr Ryan would be happy to accept some feedback on his claim. Failing that, I guess it would be a matter of programming some dates to have the matter determined. In respect of the matter in C2004/1830, I think the parties will be discussing that over the next few days.

PN16

So perhaps we could just either leave it and we will contact your office if we need any further assistance, or we make a report back in several weeks time, and we can report back to you there how that has been concluded.

PN17

THE SENIOR DEPUTY PRESIDENT: All right. Well, why don't I list all these matters for report back at 1 pm on 26 May 2004 here in Melbourne. All right, I will now adjourn until that date.

ADJOURNED UNTIL WEDNESDAY, 26 MAY 2004 [1.13pm]