C2004/3332, Transcript of Proceedings [2004] AIRCTrans 2054 (3 June 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 7208

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2004/3332

RETAIL AND WHOLESALE INDUSTRY - SDAEA
WHOLESALE GROCERS AWARD 2003

Application under section 113 of the Act
by Shop, Distributive and Allied Employees
Association to vary the above award re
safety net review wages decision May 2004

MELBOURNE

11.40 AM, MONDAY, 24 MAY 2004

PN1

MR. J. RAIMONDO: I appear on behalf of the SDA.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Actually I note that we have received from Meredith Blackstock, HR Manager, IGA Distribution, an e-mail indicating that that organisation has received the draft order from the SDA and have no objections to the variation proceeding. So I apologise for keeping you for no real reason.

PN3

MR RAIMONDO: That is okay. That is okay, your Honour.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Raimondo?

PN5

MR RAIMONDO: Your Honour, I must just go through the submission once again. The application before the Commission today is an application to vary the Retail and Wholesale Industry - SDAEA Wholesale Grocers Award 2003 in accordance with the decision of the Safety Net Review Wages Decision PR002004. The application seeks in particular to increase the wages and allowances in accordance with the decision. A copy of the draft order and application has been sent to the respondents to the award and for the record I seek to tender a copy of those for you.

PN6

THE SENIOR DEPUTY PRESIDENT: Thank you.

EXHIBIT #SDA1 DOCUMENT OF SERVICE

EXHIBIT #SDA2 DRAFT ORDER

PN7

THE SENIOR DEPUTY PRESIDENT: Yes.

PN8

MR RAIMONDO: Thank you, your Honour. Your Honour, the application, we believe, is consistent with the principles set out in the Full Bench decision. In particular I draw your attention to principle 18, inserting that particular clause into the award and as per principle 8D give our commitment to that principle. Your Honour, with this particular draft order the date of - the operative date we seek was 24 May. I am unsure - I believe this one went through simplification in - some time last year; I am unaware of the date, so I may have to go back and check with regard to that.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes. There was a consolidation in March 2004. The award seems to have been made in '95 and there doesn't appear to be any record of increases - safety net increases. Would that be accurate?

PN10

MR RAIMONDO: That may be the case, your Honour. I - - -

PN11

THE SENIOR DEPUTY PRESIDENT: And the employer is not objecting so the effect of the order would be to incorporate any outstanding safety net adjustments, yes, and there is no objection to that course from the employer. Is there an enterprise agreement in operation in respect to these employees?

PN12

MR RAIMONDO: I am unaware of that at the moment, your Honour. I can have it checked but I believe there may be.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes. Well, it would appear from the consent of the employer that the order would have no practical effect. I wonder if you could just confirm that with me if the order has no practical effect, and given the consent of the employer then I am in a position to vary it in the terms indicated.

PN14

MR RAIMONDO: Certainly, your Honour, I can do that.

PN15

THE SENIOR DEPUTY PRESIDENT: So if that could be confirmed with my associate and if that is the case I will simply vary the award in the terms indicated. If there is any issue you can advise further in relation to the appropriate date.

PN16

MR RAIMONDO: Certainly.

PN17

THE SENIOR DEPUTY PRESIDENT: Very well. All right, we will leave the matter on that basis. I will vary the order if the proposition is confirmed that there is no practical effect to the order and given the consent of the employer I would be in a position to vary it in terms of SDA2. If there is an issue then that will be, no doubt, raised by you.

PN18

MR RAIMONDO: Certainly.

PN19

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Raimondo.

PN20

MR RAIMONDO: Thank you, your Honour.

PN21

THE SENIOR DEPUTY PRESIDENT: Good, I will adjourn.

ADJOURNED INDEFINITELY [11.45am]