C2004/3391, Transcript of Proceedings [2004] AIRCTrans 2048 (3 June 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 7203

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2004/3391

SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES
ASSOCIATION - VICTORIAN SHOPS INTERIM AWARD
2000

Application under section 113 of the Act
by the Shop, Distributive and Allied
Employees Association to vary the above
award re Safety Net Review Wages Decision
May 2004 [PR002004]

MELBOURNE

10.05 AM, MONDAY 24 MAY 2004

PN1

MR J. RAIMONDO: I appear on behalf of the SDA also, with MS J. HEAGNEY and MS M. COOK.

PN2

MR M. WELDON: I appear on behalf of the Australian Retailers Association.

PN3

MS J. WATLING: I appear on behalf of the Australian Industry Group.

PN4

MR P. EBERHARD: I appear on behalf of the Victorian Employers Chamber of Commerce and Industry.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Raimondo?

PN6

MR RAIMONDO: Thank you, your Honour. Your Honour, if I can refer back to my submission in C2004/3390, with regards to my general submission.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, the information in relation to service in that matter, did that go to matters other than the Hardware Award?

PN8

MR RAIMONDO: No.

PN9

THE SENIOR DEPUTY PRESIDENT: No, it was only hardware. Okay, thank you. You have got separate material in relation to that?

PN10

MR RAIMONDO: That is correct, your Honour.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes.

PN12

MR RAIMONDO: If I can table a copy of the service and the draft order. With regards to the draft order, your Honour, there are some minor adjustments in pen. Unfortunately I didn't have time to fix them up as they were done late on Friday afternoon, but I might go through them.

EXHIBIT #SDA1 SERVICE DOCUMENT

EXHIBIT #SDA2 DRAFT ORDER

PN13

THE SENIOR DEPUTY PRESIDENT: If you would like to take me through those.

PN14

MR RAIMONDO: Thank you, your Honour. Your Honour, with regards to the draft order, there has been as I said some adjustments in pen and highlighted for yourself. In talking to some of the employer associations we felt that there was some minor adjustments, so if I can take you to - on page 1, under "Electrical, Furniture and Hardware Shops Department Manager". The original draft order served was $20.29. In consultation we have - that has come up to $29.30. On page 2, your Honour - - -

PN15

THE SENIOR DEPUTY PRESIDENT: Yes.

PN16

MR RAIMONDO: Under the "Food, Grocers and Liquor Shops Department Manager", the figure of $20.50 has been brought back to $20.49. On below that. "General Shops Manager, part B" has been reduced to $20.29. And "General Shops Department Manager" below that in charge of two or more persons, that is $20.49.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes.

PN18

MR RAIMONDO: There has also been an adjustment to the 17 year old, under the junior rates to $10.41.

PN19

THE SENIOR DEPUTY PRESIDENT: Yes. And the date of operation is 2004?

PN20

MR RAIMONDO: That is correct, your Honour.

PN21

THE SENIOR DEPUTY PRESIDENT: Yes.

PN22

MR RAIMONDO: There is an adjustment there to 6 June 2004.

PN23

THE SENIOR DEPUTY PRESIDENT: Very well. Thank you for that. Mr Weldon?

PN24

MR WELDON: Yes, thank you, your Honour. We have, as outlined by Mr Raimondo, been provided with a draft order and given the opportunity to check that draft order. We are satisfied that it reflects the Full Bench decision and we don't object to an order being made in the terms sought, if the Commission pleases.

PN25

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Weldon. Yes, Ms Watling?

PN26

MS WATLING: Thank you, your Honour. Australian Industry Group has checked the draft order, exhibit SDA2, served upon us by the union and do no oppose the variation in the terms sought. If the Commission pleases.

PN27

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Watling. Mr Eberhard?

PN28

MR EBERHARD: Your Honour, with the changes being made as proposed by the SDA, VECCI would not be opposed in the application here today. If the Commission pleases.

PN29

THE SENIOR DEPUTY PRESIDENT: Very well, thank you for that, Mr Eberhard. Yes, this is an application by the Shop, Distributive and Allied Employees Association to vary the Victorian Shops Interim Award 2000 to give effect to the May 2004 safety net review decision, PR002004. I am satisfied having regard to SDA1 that the service has been appropriately effected in accordance with the order for substitute of service. I am satisfied that the draft order in exhibit SDA2 including handwritten amendments properly gives effect to the May 2004 decision. The draft order contains the required form of words and relevant commitments in respect of absorption has been given by the union. The order shall come into force from the first period beginning on or after 6 June 2004 and shall remain in force for a period of six months. I will adjourn that matter.

ADJOURNED INDEFINITELY [10.10am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #SDA1 SERVICE DOCUMENT PN13
EXHIBIT #SDA2 DRAFT ORDER PN13