C2004/2609, Transcript of Proceedings [2004] AIRCTrans 2061 (3 June 2004)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N 7209

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMILTON

C2004/2609
C2004/2785

BITUMEN SPRAYING SERVICES
AWARD 1999

TRANSPORT WORKERS UNION
CONSTRUCTION AWARD 1999

Applications under section 113 of the Act
by the Transport Workers Union of Australia
to vary the above awards to delete an existing
clause and insert a new clause regarding
casual employees

MELBOURNE

10.18 AM, MONDAY, 24 MAY 2004

Continued from 27.4.04

PN106

THE DEPUTY PRESIDENT: Any change to appearances? No. I see on the last occasion we left on the basis we adjourn for two weeks to enable the parties to consult with the relevant award respondents and today we are to hear where the parties have got to. Is that right?

PN107

MR DUFFIN: That is correct, your Honour. Your Honour, if I might hand up a revised draft order. It is not marked as a revised draft order and you will note that there is on the copy that is provided to you a - - -

PN108

THE DEPUTY PRESIDENT: That will be exhibit D5.

EXHIBIT #D5 - REVISED DRAFT ORDER

PN109

MR DUFFIN: Thank you, your Honour. This is in relation to Transport Workers Union Construction Award 1999.

PN110

THE DEPUTY PRESIDENT: So there is no alternative Bitumen Services, is there?

PN111

MR DUFFIN: No, there is not.

PN112

THE DEPUTY PRESIDENT: Okay.

PN113

MR DUFFIN: In relation to this award, after discussions with Ms Attwood, we have a consent position. You will note, your Honour, that there is actually a hand marked version in D5 that is the deletion of the word "permanent" from paragraph 12.5.

PN114

THE DEPUTY PRESIDENT: Yes.

PN115

MR DUFFIN: We would seek, your Honour, that this award be made prospectively, this order be made prospectively from the first pay period on or after 15 June 2004.

PN116

THE DEPUTY PRESIDENT: Right.

PN117

MR DUFFIN: That will allow if there is any others that might arise an opportunity to make a correction just prior to that matter coming back before - now your Honour, just in relation to some housekeeping, perhaps, I did write a letter to your Honour - - -

PN118

THE DEPUTY PRESIDENT: What is the operative - yes.

PN119

MR DUFFIN: - - - in relation to the service matter.

PN120

THE DEPUTY PRESIDENT: Yes.

PN121

MR DUFFIN: That letter set out that there were two parties to this award, those being the Master Builders Association of Victoria and the Master Builders Association of South Australia and accordingly, it was not necessary for substituted service orders to be issued.

PN122

THE DEPUTY PRESIDENT: No, I recall that. And did we deal with the issue of the principles and the like on the last occasion? Just remind me.

PN123

MR DUFFIN: I think the issue was - I raised that issue with your Honour and I think we had left it on the basis that if there was a consent position it would be provided then from here to - - -

PN124

THE DEPUTY PRESIDENT: Correct me if I am wrong, you are making an application for section 107. You have covered the material, haven't you in the - - -

PN125

MR DUFFIN: Yes.

PN126

THE DEPUTY PRESIDENT: - - - transcript of the last occasion.

PN127

MR DUFFIN: That is correct.

PN128

THE DEPUTY PRESIDENT: In any event, there is a written submission that you have put in another matter, as I recall, which canvasses the issues fully, doesn't it?

PN129

MR DUFFIN: It does.

PN130

THE DEPUTY PRESIDENT: And that is applicable in the present matter?

PN131

MR DUFFIN: It would be and there would be slight variations due to the fact that they are slightly different awards but there is no significant difference in terms of the general principles.

PN132

THE DEPUTY PRESIDENT: So you adopt and apply that - - -

PN133

MR DUFFIN: We would, your Honour and indeed - - -

PN134

THE DEPUTY PRESIDENT: - - - submission to this present matter?

PN135

MR DUFFIN: That is correct. And the material from the - from ACERPT was also be relevant in relation to this matter as being relevant to the nature of transport workers and casuals within the transport industry generally.

PN136

THE DEPUTY PRESIDENT: All right. So the significance - so in summary, you are happy that I use the transcript in these proceedings, that written submission, put that to the President, he makes his decision on the basis of that material. If it is referred back to me, I then make that decision, make a decision on the basis of the material put to date which is all that material. If not, it goes to a Full Bench and a different procedure will be followed.

PN137

MR DUFFIN: Certainly, your Honour.

PN138

THE DEPUTY PRESIDENT: However, there is a consent position in this matter, isn't there? That is your understanding?

PN139

MR DUFFIN: That is my understanding, your Honour.

PN140

THE DEPUTY PRESIDENT: Is that all you want to say?

PN141

MR DUFFIN: It is, your Honour.

PN142

THE DEPUTY PRESIDENT: Thank you. Ms Attwood.

PN143

MR ATTWOOD: Nothing really to add, your Honour, other than to confirm that there is a consent position and we have had discussions with Mr Duffin and the changes reflect that consent position.

PN144

THE DEPUTY PRESIDENT: Excellent, thank you very much. Nothing from anybody else? No. Terrific, well, I will deal with the matter on the basis that we have discussed and we will see where we go from that. Just the operative date in the Bitumen award, what was the operative date you were seeking?

PN145

MR DUFFIN: We would also seek 15 June 2004.

PN146

THE DEPUTY PRESIDENT: For that award as well?

PN147

MR DUFFIN: Yes.

PN148

THE DEPUTY PRESIDENT: All right. Well, terrific, thank you for your submissions, I think we have done all we need to do today, haven't we? Yes. Right, this matter stands adjourned.

ADJOURNED INDEFINITELY [10.24am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #D5 - REVISED DRAFT ORDER PN109