AG2004/3184, Transcript of Proceedings [2004] AIRCTrans 2067 (3 June 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

ADMINISTRATOR APPOINTED

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

TRANSCRIPT OF PROCEEDINGS

O/N 7195

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SIMMONDS

AG2004/3184

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Glen Eira City Council and Others for
certification of the Glen Eira City Council
Enterprise Agreement 2003-2006

MELBOURNE

10.58 AM, MONDAY, 24 MAY 2004

PN1

MR S. WILSON: From VECCI and I appear for Glen Eira Council. With me I have MS B. YOUNG from the Council.

PN2

MR N. HENDERSON: I appear for the ASU.

PN3

MS J. BAULCH: I appear for APESMA.

PN4

MR B. MEGENNIS: I appear on behalf of the Australian Nursing Federation.

PN5

THE COMMISSIONER: Thank you, Mr Megennis. Mr Wilson?

PN6

MR WILSON: Yes, thank you, Commissioner. Commissioner, an application to certify the enterprise agreement for the Glen Eira City Council. To that end we would rely on the statutory declaration of Andrew Newton who is the chief executive officer of the Council. Commissioner, at 7.4 of the statutory declaration there is - or there are two areas that are highlighted as reductions. I have just had some very quick discussions with my colleague, Mr Henderson and I am personally of the view, Commissioner, that they are actually not reductions, but just in case they are, I do have some arithmetic, Commissioner, but we don't believe that in actual fact they are reductions. Can I take you to them?

PN7

THE COMMISSIONER: Yes.

PN8

MR WILSON: One is - the first one is the library employees hours of work and that is at page 22 of the agreement, it is appendix 2.

PN9

THE COMMISSIONER: Yes.

PN10

MR WILSON: And it relates to point 3 under 1(a), hours of duty in point 3. Up to but not more than 10 hours may be worked on any one day including meal breaks not more than once per 140 hour monthly roster. Commissioner, we say, that even under those circumstances you still can't work more than 140 hours in the roster period, so even if there is a 10 day - a 10 hour day worked there, during the roster period it has to be 140 anyway and other than that there would be overtime payable. And the second one - - -

PN11

THE COMMISSIONER: So what does the award provide?

PN12

MR WILSON: Well, the award provides - this is library, so it is a 35 hour week which is, hence, the 140 as opposed to 152. The award provides for overtime after eight hours or over a roster period of one, two, three or four weeks and it says, 76 - sorry, 38, 76, 114 or 152 hours roster.

PN13

THE COMMISSIONER: So there is no restriction on the number of hours in a day?

PN14

MR WILSON: Well - it is a nine roster, yes. The spread of hours nine hours on any day, Monday to Saturday for the library.

PN15

THE COMMISSIONER: So there is a reduction in that sense?

PN16

MR WILSON: Well, I suppose there is, yes.

PN17

THE COMMISSIONER: Well, there is.

PN18

MR WILSON: Yes, okay, there is.

PN19

THE COMMISSIONER: Yes.

PN20

MR WILSON: I can give you the arithmetic, Commissioner - - -

PN21

THE COMMISSIONER: Yes.

PN22

MR WILSON: - - - if you are interested in that. On the basis of a 10 hour day being worked once in a four week roster - and we are using a ban 3A library officer here, Commissioner, just by way of an example. Under the Glen Eira City Council wages - and I have only taken into account wages and not the other matters, they would get for that four week period $2,438.76. Under the award provisions that same roster, paying overtime on that 10 hour shift, would be $2,223.02. So there is - they are better off by some $215 - - -

PN23

THE COMMISSIONER: Is that one hours overtime or two hours overtime?

PN24

MR WILSON: That is two hours overtime, Commissioner. And that is the basis that we have worked it out even though it gives a spread of nine hours, so it would be even better under that circumstance.

PN25

THE COMMISSIONER: But they theoretically could work them - 14 ten hour days in a four week period?

PN26

MR WILSON: No, the agreement says not more than once per 140 monthly roster.

PN27

THE COMMISSIONER: I see.

PN28

MR WILSON: So there - - -

PN29

THE COMMISSIONER: The maximum is one, yes, no, I understand, thank you, yes.

PN30

MR WILSON: Yes, yes. Yes, 12 hours a year effectively but we have just done it on a monthly basis.

PN31

THE COMMISSIONER: No, no, I understand.

PN32

MR WILSON: Commissioner, the second one is for the home support - effectively, home care workers and that is on page 23. And that again, Commissioner at 1(a) span of hours, point 1, the first dot point there:

PN33

Not more than 10 hours can be worked in any one day.

PN34

So, again, it is a question of a 10 hour - possibly, up to a maximum of a 10 hour day. Commissioner - - -

PN35

THE COMMISSIONER: Sorry - - -

PN36

MR WILSON: Sorry?

PN37

THE COMMISSIONER: Oh, I see, there it is.

PN38

MR WILSON: Yes, the first dot point there.

PN39

THE COMMISSIONER: Yes.

PN40

MR WILSON: Yes, again, Commissioner, if somebody worked - and we have a weekly roster for the home care people - so if somebody worked a 10 hour day for one day in the week they would get under the Glen Eira EBA $570.15 and under the award, getting the overtime payment as per the award, $533.08 on a weekly basis. They are some $37-odd dollars in front, Commissioner.

PN41

THE COMMISSIONER: But they can be worked - - -

PN42

MR WILSON: Well, we would undertake that that wouldn't happen, it would only be a maximum of one day per week and I mean it doesn't - I can actually say categorically it doesn't happen anyway, but it can happen. We give the undertaking it wouldn't happen more than once a week.

PN43

THE COMMISSIONER: Yes, I understand, thank you.

PN44

MR WILSON: Save for those, Commissioner, we would ask that the agreement be so certified.

PN45

THE COMMISSIONER: Yes, thank you, Mr Wilson. Mr Henderson.

PN46

MR HENDERSON: Thank you, Commissioner, we agree with Mr Wilson's submissions and rely on the statutory declaration of Darryl Cochrane which is filed with the application and ask that the Commission certify the agreement to come into force from today and remain in force until 31 December 2006. If the Commission pleases.

PN47

THE COMMISSIONER: Thank you. Ms Baulch?

PN48

MS BAULCH: Yes, thank you, sir. Yes, filed with the application is a statutory declaration of Geoffrey Artis and that statutory declaration outlines how we believe the various requirements for certification of agreements have been met. And on that basis, sir, we would request that you certify the agreement from today's date.

PN49

THE COMMISSIONER: Yes, thank you, Ms Baulch. Mr Megennis?

PN50

MR MEGENNIS: Yes, thank you, Commissioner. If the Commission pleases the Australian Nursing Federation relies upon a statutory declaration as tendered by the secretary of the Australian Nursing Federation, Victorian Branch, Lisa Fitzpatrick and support the submissions as outlined by my colleagues here this morning, Commissioner. And on that basis, we request that the agreement be certified from today's date, if the Commission pleases.

PN51

THE COMMISSIONER: This matter is an application for the certification of the Glen Eira City Council Enterprise Agreement 2003-2006. On the basis of the statutory declarations submitted with the application and in consideration of the agreement itself I am satisfied it meets the test prescribed in the legislation for certification. There are two areas where there are reductions in entitlements by comparison to the award although they are offset significantly by the pay rates contained in the agreement. And on the basis - and in respect of one area, namely, the home support workers, on the basis of an undertaking that has been given regarding the operation of the extended hours clause, those reductions may in fact be offset by the overall increases contained in the agreement, in any event.

PN52

And I am satisfied that they do meet the test prescribed in the no disadvantage test, and as I have already said, the other tests prescribed for certification have also been met. I have therefore certified the agreement with effect from today's date and it will remain in force until 31 December 2006. In view of the fact that there was an undertaking given regarding the operation of the agreement I will order transcript in these proceedings. If there is nothing further, the proceedings are adjourned, thank you.

ADJOURNED INDEFINITELY [11.06am]