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Australian Industrial Relations Commission Transcripts |
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:(03) 9672-5608 Fax:(03) 9670-8883
TRANSCRIPT OF PROCEEDINGS
O/N 7262
AUSTRALIAN INDUSTRIAL
RELATIONS COMMISSION
DEPUTY PRESIDENT IVES
C2004/3501, 3502, 3504, 3505, 3516,
3517, 3518, 3526 and 3532
RECORDS MANAGEMENT SERVICES
AWARD 2002
BRAMBLES CLERICAL AND ADMINISTRATIVE
EMPLOYEES AWARD 2002
CLERICAL AND ADMINISTRATIVE
EMPLOYEES (HEALTH INSURANCE
INDUSTRY) AWARD 2001
MEDICAL BENEFITS FUND OF AUSTRALIA
LIMITED AWARD 2002
VICTORIAN LEGAL PROFESSIONAL,
CLERICAL AND ADMINISTRATIVE
EMPLOYEES AWARD 2004
OFF-COURSE AGENCY EMPLOYEES
AWARD 2001
TABCORP WAGERING EMPLOYEES
AWARD 2003
CLERICAL AND ADMINISTRATIVE
EMPLOYEES - BREWERIES - AWARD
1999
COLES SUPERMARKETS AUSTRALIA
PTY LIMITED AND BI-LO PTY LIMITED
CLERICAL AND ADMINISTRATIVE
EMPLOYEES AWARD 2003
Applications under section 113 of the Act
to vary various awards re safety net review -
wages May 2004 decision [PR002004]
MELBOURNE
10.05 AM, THURSDAY, 27 MAY 2004
_____
C2004/3501
RECORDS MANAGEMENT SERVICES
AWARD 2002
Application by the Australian Municipal,
Administrative, Clerical and Services Union
PN1
MR J. NUCIFORA: I appear for the Australian Services Union. I have with me a MS S. SANCHEZ who is an organiser for the Victorian branch of our union, if your Honour pleases.
PN2
THE DEPUTY PRESIDENT: Thank you, Mr Nucifora. I see there are a number of applications, Mr Nucifora. How did you wish to proceed? Do you just wish to take these one at a time, or do you have any other suggestions?
PN3
MR NUCIFORA: I think, your Honour, if we could do them one at a time they could be on the same transcript. Whichever is easiest, but there are different appearances, of course, here today, and there are certainly, different submissions, although they are generally about the 2004 safety net adjustment.
PN4
THE DEPUTY PRESIDENT: Yes.
PN5
MR NUCIFORA: Your Honour, I would say, though, I have talked to Ms Clancy, your associate, and that these would be heard in order as we understand it, except for C2004/3506 and C2004/3621, the two AWB ASU Office Staff Award matters. If they could be heard last, your Honour, we would appreciate that.
PN6
THE DEPUTY PRESIDENT: I'm sure Mr Bunting won't mind waiting.
PN7
MR NUCIFORA: Yes, I have had a talk to Mr Bunting a little earlier, and he might find the rest of the matters before you exciting, but I try to make them a little more interesting but they are otherwise slight variations, straightforward matters. I think it is useful if they are heard separately, if your Honour pleases.
PN8
THE DEPUTY PRESIDENT: Yes, the first one is 3501, is it not?
PN9
MR NUCIFORA: Yes, your Honour.
PN10
THE DEPUTY PRESIDENT: Yes, go ahead, Mr Nucifora?
PN11
MR NUCIFORA: This is an application to vary the Records Management Services Award 2002 for the May 2004 Safety Net adjustment and supported wage increase. Your Honour, if I may by way of service tender this notification to the employer as an exhibit?
PN12
PN13
MR NUCIFORA: Thank you, your Honour. Exhibit ASU1 is a bundle of documentation by way of service on the employer. It has a covering letter with some explanation about what the variation is about. It also refers to the hearing today, of course, of the hearing notice. There is the original application which was lodged which included not only the Safety Net Review - Wages Decision of May 2004, as per PR002004, but also increasing the supported wage rate as per the decision of 4 July 2004 in PR933936.
PN14
Your Honour, it does include a draft order, and before I take you to the detail of the draft order, as we have done in previous years this has been served on the employer respondents by registered mail. We do that because, more often than not, some of these employers don't reply. That has happened year in and year out when this award was first created, but we do always get a reply from Brambles, and we will come back to that a little later, your Honour.
PN15
THE DEPUTY PRESIDENT: I might the draft order.
PN16
PN17
MR NUCIFORA: Thank you, your Honour. Your Honour, exhibit ASU2 includes the $19 wage increase added to the wages table. There is a new absorption provision that is included in item A(2), and the ASU as required under the principles makes the necessary commitment as per that absorption clause. Your Honour, there is also variations to an allowance there of 10.20. That is explained in an attachment after the draft order - the calculation of allowances. The first aid allowance now at 2.70 has been increased to 2.80. That is item A(4), and we also vary the meal allowance in item A(3) from 10.20 to 10.60. That is explained in the sheet included as part of exhibit ASU1.
PN18
Your Honour, I know exhibit ASU2 is included as part of exhibit ASU1, but an electronic copy of that has been sent along with other draft orders to your associate yesterday, and there are otherwise, we believe, no changes to that draft order. There is also, of course, in item B an increase in the supported wage rate from $56 to $60 as a result of the decision of PR933936, and we seek an operative date from 29 June 2004 and that is exactly 12 months from when this award was last varied for the 2003 Safety Net Review adjustment in PR933470. So it does meet the requirements for the 12 month gap. Your Honour, I believe, you do have a copy, but I have extra copies here of correspondence on behalf of Brambles.
PN19
THE DEPUTY PRESIDENT: I do have a copy of a letter, Mr Nucifora, dated 25 May, and signed by a Meaghan Carlse. Is that the one you are referring to?
PN20
MR NUCIFORA: Yes, your Honour.
PN21
THE DEPUTY PRESIDENT: Yes?
PN22
MR NUCIFORA: If I may tender that as an exhibit? I do have extra copies here.
PN23
PN24
MR NUCIFORA: Thank you, your Honour. ASU3, as you mentioned, is correspondence from Meaghan Carlse, HR Officer on behalf of Brambles, and they consent to the draft order was sent to them, as per the letter included in exhibit ASU1, and they also consent to the draft orders now being defined as exhibit ASU2. Your Honour, we are seeking an operative date from the date of the first pay period on or after 29 June 2004, and otherwise believe that the variation meets the necessary requirements under the national wage principles, if your Honour pleases.
PN25
THE DEPUTY PRESIDENT: Yes, thank you, Mr Nucifora. Pursuant to section 113 of the Act I can indicate that the Records Management Services Award 2002 will be varied in accordance with the draft order provided by the union and marked ASU2. The order varying the award will come into force from the first pay period commencing on or after 29 June, and will continue in force for a period of 6 months. This matter is adjourned. The next matter please.
C2004/3502
BRAMBLES CLERICAL AND ADMINISTRATIVE
EMPLOYEES AWARD 2002
Application by the Australian Municipal,
Administrative Clerical and Services Union
PN26
MR J. NUCIFORA: I appear for the Australian Services Union, along with MS S. SANCHEZ.
PN27
THE DEPUTY PRESIDENT: Yes, go ahead, Mr Nucifora?
PN28
MR NUCIFORA: Thank you, your Honour. Your Honour this is an application to vary the Brambles Clerical and Administrative Employees Award 2002 for the May 2004 Safety Net adjustment. It also has taken the opportunity to vary this award for the increase in the supported wage to $60.00. If I may first up tender as an exhibit a copy of the bundle of documentation that goes to confirming service on the employer.
PN29
PN30
MR NUCIFORA: Thank you, your Honour.
PN31
THE DEPUTY PRESIDENT: I might mark the draft, which I have a copy of in front of me, at the same time, Mr Nucifora.
PN32
MR NUCIFORA: Yes, your Honour, that was the electronic copy that we sent through.
PN33
PN34
MR NUCIFORA: ASU2, thank you. Your Honour, exhibit ASU1 includes covering letter to Amy Hancock from Brambles. Of course, we are only dealing with the one employer here - Brambles. There was an error in the C number. It should be 3502, not 2199. Your Honour, we do include in exhibit ASU1 the notice of listing as attached and, of course, the copy of the application includes the 2004 Safety Net review reference and the supported wage decision.
PN35
THE DEPUTY PRESIDENT: Sorry, Mr Nucifora, where did you say the error occurred?
PN36
MR NUCIFORA: I'm sorry. In the covering letter to Ms Hancock.
PN37
THE DEPUTY PRESIDENT: I see.
PN38
MR NUCIFORA: It should read - I've just made that change.
PN39
THE DEPUTY PRESIDENT: I just thought it might have been in the draft order itself. That is fine.
PN40
MR NUCIFORA: Your Honour, we include in the covering letter how we have calculated the increase and the meal allowance and also, of course, the supported wage variations referred to there. Your Honour, just to confirm for completeness, exhibit ASU1, the bundle of documentation includes on the last page a transmission report, which confirms that this was faxed through to Ms Hancock and on behalf of Brambles. Your Honour, in terms of exhibit ASU2, that is a draft order. There is another change at the top of that your Honour.
PN41
That should read in the preamble after Deputy President Ives. That should be Safety Net Review - Wages May 2004, not 2003, and supported wage. Your Honour, in A(1) we have added the $19 wage increase to the rates of pay in clause 17.1 and, of course, we have the new absorption provision in 17.2, and the ASU today makes the required commitment to that absorption provision, and seeks to include that in the draft order. Your Honour, then it does refer to the meal allowance being increased by 3.8 per cent in items A(2), (3), and (4) from $9.80 to $10.20.
PN42
In item B there is a reference, of course, to the increase in the supported wage amount from $56 to $60 in both the clauses mentioned there. Your Honour, this was last varied in June 2003 for the 2003 Safety Net adjustment in print No PR93348, and that was operative from 29 June 2003, and therefore we seek an operative date as per item C in the draft order from 29 June 2004, being exactly 12 months after that date.
PN43
THE DEPUTY PRESIDENT: Your note has an exclusion in there, Mr Nucifora, in that operative date for Grace Removals and Toll Holdings.
PN44
MR NUCIFORA: Yes, your Honour. That was because of those companies having their own awards, and there was some concern that this safety net adjustment may apply to both of those two companies last year, and that was never the intention. This really only applies to the Brambles group to the extent that Grace Removals and Toll Holdings have a relationship there. There are separate awards that apply to them.
PN45
THE DEPUTY PRESIDENT: Yes, well, this variation applies only to a specific award, obviously, and I wonder why it is necessary to refer to the exclusion, Mr Nucifora?
PN46
MR NUCIFORA: Yes, it did come up last year because of separate award arrangements for those two companies, and not looking after Grace Removals or Toll Holdings, on my understanding, was that they were part of the Brambles group.
PN47
THE DEPUTY PRESIDENT: Yes, I'm not sure how a variation made to this award could extend, in any event, to other awards. I'm just not sure why it seems to be erring a little bit too heavily on the side of caution.
PN48
MR NUCIFORA: I think there was a relationship. Yes, it wasn't something that I drafted, your Honour.
PN49
THE DEPUTY PRESIDENT: Yes.
PN50
MR NUCIFORA: I guess, I was advised to draft in there by the employers involved in those separate entities, and with other provisions about unions. It was just a matter of keeping people happy at the end of the day, rather than - - -
PN51
THE DEPUTY PRESIDENT: We wouldn't want to do otherwise than that, would we, Mr Nucifora?
PN52
MR NUCIFORA: Yes, we might create disputes that have to be settled. Your Honour, there is correspondence, once again, from Brambles from Ms Carlse, C-a-r-l-s-e, on behalf of Ms Hancock, and Ms Hancock who would normally supervise these matters, but certainly, on behalf of Brambles. If I may tender a copy of that letter.
PN53
PN54
MR NUCIFORA: Thank you, your Honour. Similar to the last matter, this is correspondence from Brambles in relation to this award, the Brambles Clerical and Administrative Employees Award, which is really meant to apply to all other clerical and admin employees outside of the Records Management group, and of course Grace Bros and - Grace Removals and Toll Holdings. They consent to the draft order that is before you in exhibit ASU2 and, of course, the same copy of which I emailed through to your associate last night, with that one amendment, as I mentioned, to the preamble - the reference to May 2004 instead of 2003. Commissioner, we believe, that the order before you meets the requirements, and we seek an operative date from the first payment period on or after 29 June 2004, if your Honour pleases.
PN55
THE DEPUTY PRESIDENT: Yes, all right, thank you, Mr Nucifora. Yes, the Brambles Clerical and Administrative Employees Award 2002 will be varied pursuant to section 113 of the Act, and in accordance with the draft provided by the union and marked as ASU2, subject to the minor amendment to that draft altering the year from 2003 to 2004. The order varying the award will come into force from the beginning of the first pay period to commence on or after 29 June, and will remain in force for a period of 6 months. The matter is adjourned thank you. Next matter.
C2004/3504
CLERICAL AND ADMINISTRATIVE
EMPLOYEES (HEALTH INSURANCE
INDUSTRY) AWARD 2001
Application by the Australian Municipal,
Administrative, Clerical and Services Union
PN56
MR J. NUCIFORA: Your Honour, I'm not on my own in this matter. I appear for the Australian Services Union.
PN57
MR M. SERONG: I seek leave to appear for each of the respondents served by the union with this application, except for New South Wales Teachers Federation Health Society. My firm does represent an organisation, but it is not a respondent to the award. It is a matter that I have mentioned to Mr Nucifora, but I don't think he has had a chance to ascertain how that name crept into the list, if the Commission pleases.
PN58
THE DEPUTY PRESIDENT: Thank you. Yes, Mr Nucifora?
PN59
MR NUCIFORA: Thank you, your Honour. Your Honour, if I may by way of service tender a copy of correspondence that was served on the employers on 24 May in this matter before you.
EXHIBIT #ASU1 NOTIFICATION TO EMPLOYER WITH COVERING LETTER DATED 24/05/2004
PN60
MR NUCIFORA: Thank you, your Honour. ASU1 is a bundle of documentation, including the covering letter by way of service, and also explanatory letter in terms of the variation. If I may at this point also tender the draft order that is included in exhibit ASU1, an electronic copy that was sent late yesterday to your associate. If I can tender that as a separate exhibit?
PN61
PN62
MR NUCIFORA: Thank you, your Honour. I mentioned before, ASU1 goes to notifying all of the employers in the preamble of the letter about the notice of listing today. I also include on the last two pages of exhibit ASU1 transmission report that confirms that each of the employers were notified of this matter. That includes a New South Wales Teachers Federation Health Society. I must say that it seems to me that we served them last year, as quite often happens with modern technology, we copy correspondence from the year before.
PN63
It may be that that particular organisation was a respondent to the original or pre-simplified award, but I need to discuss that further with Mr Serong. At this stage, your Honour, we reserve our position on that, and if it isn't a respondent to the current award, and that is something that the party may have missed at that time, and something that - could you just excuse me on that?
PN64
THE DEPUTY PRESIDENT: Yes. Well, if they are not a respondent in any event, it will have no effect, Mr Nucifora, so I think we can go forward.
PN65
MR NUCIFORA: No, just for the record, I wanted to indicate whether they would become a respondent. At this stage, your Honour, it seems that they have State agreement coverage in New South Wales, and we don't want to interfere with that at all. Your Honour, otherwise the other employers here are represented by Mr Serong today, and we include in the covering letter reference to, of course, the last variation to wages in this award for the 2003 safety net adjustment, and the print number is PR933467 operative from 24 June 2003, which, of course, is the operative date that we are seeking in this matter in exhibit A, issue 2, in the draft order.
PN66
Your Honour, there has been an ongoing dispute about allowances in this particular award, and one, it has not been resolved. Mr Serong and myself have what we believe to be in principal positions, although we are probably not talking about large sums of money when you are talking about allowances here, but it is a principal position, nonetheless, that both myself and Mr Serong have outstanding from last year. What we would say today, rather than hold up - there's a number of matters before you today.
PN67
If there is consent, as I understand there is in terms of the wage variation, and certainly the supported wage and the operative days that we would seek to have that issued as a draft order separately, and then we seek a relisting of this matter as soon as possible before your Honour to argue the merits of our differences on allowances. There is, we both believe, both sides of the argument fundamental issues at stake in relation to - they are not earth shattering, but there are nonetheless fundamental principles that we wouldn't have the time to go through.
PN68
THE DEPUTY PRESIDENT: Yes, it is - - -
PN69
MR NUCIFORA: Can I take you through the rest of the draft - sorry, your Honour?
PN70
THE DEPUTY PRESIDENT: Well, just before you do, subject to what Mr Serong has to say, you would provide a separate draft order deleting the changes to the allowances, is that correct?
PN71
MR NUCIFORA: Yes, your Honour. I hadn't done that yet. I wasn't sure to what extent we had consent on the rest of the draft order, to my understanding is in principal, and I will allow Mr Serong to take you through that, that there is otherwise agreement to that draft order.
PN72
THE DEPUTY PRESIDENT: Yes.
PN73
MR NUCIFORA: We don't want to put the allowance issues on a long finger, but we understand that at this time of the year we are all very busy with applications of various awards, and we will be twice as busy soon with the redundancy applications coming through, but we would seek a date, within reasonable time, at your Honour's convenience to deal with those matters separately. Your Honour, we do have a - - -
PN74
THE DEPUTY PRESIDENT: Is that a matter that in your view, it would be appropriate for directions to issue about, Mr Nucifora?
PN75
MR NUCIFORA: No. Yes - no, I don't think there's any problems with the directions, it is more just the timing, and no, I wouldn't think there's any problems with directions in that.
PN76
THE DEPUTY PRESIDENT: No, I really asked whether it is something that you feel could be dealt with reasonably readily just on the basis of oral submissions, or it is something that it would be better that we issue some directions and have written submissions about?
PN77
MR NUCIFORA: We will just reach a quick agreement. I wish it was always that way with both sides of the table. Maybe if we lodged written submissions, and if your Honour thought there needed to be a hearing, then we would. So if there were directions in that regard, we would follow at your convenience, your honour, the time frame for that.
PN78
THE DEPUTY PRESIDENT: Yes, thank you.
PN79
MR NUCIFORA: Your Honour, as with the draft order, we've included, of course, the $19 wage increase in item A(1) to those wage rates there. In item A(2) we have the absorption provision, which the ASU is prepared to make the necessary commitment under principle 5 to that absorption, and what we are saying is that from items 3 to 7 we would seek to carry that over and have that dealt with via written submissions first up. In item B, of course, we have the supported wage increase from $56 to $60, and at item C we seek an operative date from the first pay period commencing on or after 24 June 2004.
PN80
We included in the bundle of documentation, it was there last year, but we have just an explanation of what we believe to be the correct allowances. We are not seeking to get the jump on Mr Serong. That really is the same calculations we went through last year in terms of what we believe to be the correct allowances. Your Honour, subject to what Mr Serong might say about the draft order, we otherwise seek to have the amended draft order - and I will send an electronic copy through to your associate later today, your Honour - the amended exhibit A issue, too, if you like, in relation to wages and the supported wage, and we seek that that be issued along with directions on how disputed allowances may be dealt with, if your Honour pleases.
PN81
THE DEPUTY PRESIDENT: Yes, thank you Mr Nucifora. Mr Serong?
PN82
MR SERONG: Thank you, your Honour. Just a few points. I'm working on a draft order dated 27 May, and I assume that the order that we are talking about - - -
PN83
THE DEPUTY PRESIDENT: Yes, that is correct.
PN84
MR SERONG: - - - is identical, and the operative date will be the date that Mr Nucifora has just mentioned. On the matter of instruction of various funds, I do lack final instructions from Goldfields Medical Fund. I think it is an administrative problem they have. They were notified on about Monday or Tuesday of this week. They were considering the matter when I last spoke to them at 5 o'clock last night. There really isn't much to consider, except the person I spoke to didn't have authority to instruct me to proceed. I would imagine that I would be in a position to indicate to the Commission and Mr Nucifora during the day that I have an instruction, but I simply don't have that instruction at this stage.
PN85
THE DEPUTY PRESIDENT: So you would be able to provide me with advice within 24 hours?
PN86
MR SERONG: Yes, your Honour. Subject to that, your Honour, I agree with the position as Mr Nucifora has put it, and on behalf of the people that I represent, consent accordingly.
PN87
THE DEPUTY PRESIDENT: Yes, thank you, Mr Serong. Yes, subject to being provided with advise within 24 hours by Mr Serong in respect of the client organisation he mentioned, the Clerical and Administrative Employees (Health Insurance Industry) Award 2001 will be varied in accordance with ASU2, save and except for those provisions of ASU2 that go towards the variation of allowances. The order varying the award will come into force from the first pay period commencing on or after 24 June 2004, and shall continue in force for a period of 6 months.
PN88
With respect to the allowances, I will issue directions within the immediate short-term requiring written submissions from the parties, and witness statements if you intend to rely on any witness evidence in the matter to be provided by the Commission. I won't go to the setting of date of that at this point in time. I will outline it in the directions. I will also provide an opportunity to be heard in that matter just in brief oral submissions. I wouldn't expect that to be any more than an hour, or so, given that the written submissions will be furnished. I will have my associate liaise with you about the dates for that, if that is suitable, rather than deal with it here and now?
PN89
MR SERONG: Thank you, your Honour.
PN90
MR NUCIFORA: Thank you, your Honour.
PN91
THE DEPUTY PRESIDENT: The matter is adjourned, thank you.
C2004/3505
MEDICAL BENEFITS FUND OF AUSTRALIA
LIMITED AWARD 2002
Application by the Australian Municipal,
Administrative, Clerical and Services Union
PN92
MR J. NUCIFORA: I appear for the Australian Services Union. I have with me MS S. SANCHEZ of the Victoria Branch.
PN93
THE DEPUTY PRESIDENT: Yes, go ahead, Mr Nucifora.
PN94
MR NUCIFORA: Thank you, your Honour. Your Honour, this is an application to vary the Medical Benefits Fund of Australia Limited Award for the 2004 safety net adjustment. If I may, by way of service, tender an exhibit which is a bundle of documentation served on the employer.
PN95
MR NUCIFORA: Your Honour, included within ASU1 is a - if I can take you through towards the back - is a draft order of which an electronic copy has been sent through to your associate. If I may tender that as a separate exhibit?
PN96
MR NUCIFORA: I will come back to exhibit ASU2. In terms of exhibit ASU1, on the last page of that bundle of documentation, the last two pages, there is confirmation that this was sent to the executive officer, attention the HR manager, by fax. There is a facsimile transmission report. It was also sent to Brian Williamson from Workplace Law who represented the MBF last year in the 2003 safety net adjustment. I'm not sure if he is still acting for them but we have also sent by registered mail a copy of this to 97/99 Bathurst Street in Sydney which we still believe to be head office for MBF. I don't have any response from MBF. I don't know if there is any on the file.
PN97
THE DEPUTY PRESIDENT: No, I don't appear to have anything.
PN98
MR NUCIFORA: Your Honour, what we have included in ASU1 is a covering letter that goes to informing them of the hearing today. It also refers to when the last variation occurred in this award for the 2003 safety net adjustment in PR933551, operative from 25 June 2003. It also refers to the variation to the meal allowance which reflects the CPI meals at takeaway industries between March 2003 and March 2004 and of course that is 3.8 per cent and rely on the grade C as a key classification rate for the work related expense of the first aid allowance and that is varied by 3.38.
PN99
Now, we relied on that grade of the key classification rate in the past applications for the yearly safety net adjustment. Your Honour, it is a relatively complex calculation table, because we are talking about annualised salaries that include the 17-1/2 per cent loading. On the fourth page of exhibit ASU1, there is an explanatory table on how the new annualised salary was calculated and includes the 17-1/2 per cent loading and of course it shows the 2004 safety net adjustment added to the new weekly base multiplied by - or added to that is the 17-1/2 per cent loading on the 4 weeks annual leave.
PN100
We indicate there what the new annual base rate is and what the new minimum rate is, in that last column. Included in exhibit ASU1 is of course the exhibit ASU2, the draft order which gives the new rates in table 16.2, in item A1 of the draft order. That has the new annualised rates of pay from grades A to G. There is also of course an item A2, the new absorption clause of which the ASU is prepared to make the necessary commitment to the absorption provision contained therein.
PN101
We also include, as I mentioned earlier, the variation to the meal allowance in 19.3 and the first aid allowance in 19.7 and in item (b) we have the support of wage increase pursuant to PR933936 from $56 to $60. Then in item (3), we have the operative date, 25 June 2004, which is exactly 12 months from the previous safety net adjustment of 2003. Your Honour, although we have sent this by registered mail and by fax, we would say today that this has been properly served on the employer.
PN102
It is always my preference that the employer check the details of these. We do a number of these and it is very easy to - particularly in a award like this, to get the calculations right. I would normally argue that we have properly served the employer by registered mail and by fax. In fact, I could confirm for the record - and this is only off the internet but it is something I've got very recently - is the current head office address of MBF. If I may tender that as an exhibit in case it becomes an issue at some later stage.
PN103
MR NUCIFORA: ASU3 is an extract of the electronic white pages that you find on the internet and as you can see there, at the MBF website, the head office is at 97 to 99 Bathurst Street. I must admit last year there was particular HR managerial people that I knew of, I don't know whether they are still HR managers. I haven't really, to be honest, your Honour, had the time to contact them, to ring them as I might normally would with a company like this. We do have some time before the proposed operative date but I do have concerns at this time of year that we do hear back from the employer as soon as possible, at least within the next 7 days at most.
PN104
I would, in that time, be seeking to ring them to ensure that they are aware of this and that they do respond and obviously we would be seeking, subject to them checking the calculations - - -
PN105
THE DEPUTY PRESIDENT: So what are you seeking, Mr Nucifora, do you want me to hold off for the time being?
PN106
MR NUCIFORA: Your Honour, I would seek that the variation be approved in principle subject to hearing back from the employer on the actual draft order that is before you in exhibit ASU2.
PN107
THE DEPUTY PRESIDENT: Yes. Well, maybe it would be easier if it is subject to me hearing back from you, Mr Nucifora, within a period of time, within what period of time is reasonable?
PN108
MR NUCIFORA: Seven days, your Honour. The operative date is 25 June but I think within the next 7 days I would still seek for them to at least email your office or to get something - to fax something - to get something to you in writing that confirms that they have checked the draft order and that they have consented to it. If that does not occur within the 7 days, then we would seek to have the order issued as it is but we do believe the employer does require some time.
PN109
We would prefer that in case there is some calculation that is not correct, particularly with the salaries that are little bit more complex than your normal wage table. But, your Honour, we are always very concerned this time of year of these being matters being dealt with before the operative date.
PN110
THE DEPUTY PRESIDENT: Yes. Well, I understand your concern, Mr Nucifora. I mean, it is not the end of the world if at issue and a correction order needs to be issued but I understand your concern.
PN111
MR NUCIFORA: Yes. So if I have got 7 days and I will try and get certainly representatives of MBF to send some written confirmation to your office if they indeed consent to the draft order or if they don't, where they don't consent it, to discuss it with ourself. If your Honour pleases.
PN112
THE DEPUTY PRESIDENT: Yes. The Medical Benefits Fund of Australia Limited Award 2002 will be varied in accordance with the draft provided by the union and marked as ASU2, subject to a 7 day period which I will provided to Mr Nucifora to make any contact and inquiry he needs to make of the employer respondent to the award and seek their advice to their position on the variations. If I fail to hear within the 7 day period, the order will issue in its current form which is the form of the exhibit marked ASU2.
PN113
The order, once issued, will come into force from the first pay period commencing on or after 25 June and remain in force for a period of 6 months.
C2004/3516
VICTORIAN LEGAL PROFESSIONAL,
CLERICAL AND ADMINISTRATIVE
EMPLOYEES AWARD 2004
Application by the Australian Municipal,
Administrative, Clerical and Services Union
PN114
MR J. NUCIFORA: I appear for the Australian Services Union and I have with me MS S. SANCHEZ. Your Honour, I'm not aware that - employers were notified but I'm not aware that any of the employers will be represented today.
PN115
THE DEPUTY PRESIDENT: Yes, go ahead, Mr Nucifora.
PN116
MR NUCIFORA: Your Honour, this is an application to vary the Victorian Legal Professional, Clerical and Administrative Employees Award of 2003. I apologise, if anywhere, we keep referring to an earlier unsimplified award. This award was simplified around about the time of the last safety net adjustment. So there ought not be any - it ought to be a seamless transfer to the new simplified award but there may be some confusion in some of our paperwork, most of which I think I've adjusted in an electronic copy I sent through to your associate earlier this morning.
PN117
THE DEPUTY PRESIDENT: Yes.
PN118
MR NUCIFORA: If I may first up, your Honour, tender as an exhibit a copy of - by way of service, a bundle of documentation served on the employer respondents to this award.
PN119
MR NUCIFORA: You might just note exhibit ASU1 - you might note in the first respondent, it includes a tab called "Holdings". They are included on this list for the other matters before you after this matter, your Honour. You might note that Global Telesales are there. We really are talking about all the other employers that are listed on the front page of exhibit ASU1 in this particular matter before you. They are all law firms that are respondent to this award.
PN120
THE DEPUTY PRESIDENT: I will mark the draft, I have ASU2, Mr Nucifora which is the electronic draft that you forwarded.
PN121
MR NUCIFORA: Yes, your Honour, yes, the draft order. Your Honour, the employers have been notified of the hearing today and we were looking forward to having discussions with them. I would have to say, your Honour, that we were not in a position to provide the employers with that draft order before today. What we were seeking to do was to have discussions with them and within a period of time, seek to have a response for them on exhibit ASU2, your Honour, but if I may take you to exhibit ASU2 - and this is strictly a draft order of course, we have not had discussions with the employers about this.
PN122
Normally there are at least a couple of the employers that are represented here, and in particular Ryan Carlisle. You may have correspondence I believe too from Morris Blackburn. If not, your Honour, I do have it here.
PN123
THE DEPUTY PRESIDENT: No, I don't or I don't appear to have that.
PN124
MR NUCIFORA: Okay. Look, I will come back to that, just in terms of the employers position but if I may just take you to exhibit ASU2, the draft order. The draft order includes in A1, the $19 wage increase has been added to the wage rates in the classification structure in the award. We include in 20.1 the new absorption clause for the 2004 safety net adjustment and the ASU, of course for the record today, makes the necessary commitment to that absorption.
PN125
Included in item A3 is a Federal minimum wage. It has been raised before, why it is in this award, it is not in most clerical award, but anyway, the minimum wage is in the Legal Industry Award for some reason historically and we have updated that clause at 21.1. We have also updated the allowances in items (a)(4), (5), (6) and (7). I will come back to those because I do have an explanatory letter on that. The junior rates have been adjusted as per the percentages of the applicable adult rate.
PN126
Then what we were seeking to do, and we would inform the employers of this, is we were seeking leave to vary the application to include the working hours Full Bench decision. Your Honour, we believe as a test case decision, so long as the employers are properly notified about that, then that ought to be able to - we ought to be able to include that or take the opportunity at this point to include that as part of the draft order. It didn't seem to go in at the time of the simplification but we are, for completeness, seeking to update that award so that we do have that there.
PN127
The clause you have, we have replaced the reasonable overtime clause with the standard reasonable overtime clause now pursuant to PR072002. We are seeking an operative date in item (c) from 14 June 2004. Your Honour, if I may, by way of explanation, tender a further exhibit which is a draft letter to the employers?
PN128
THE DEPUTY PRESIDENT: A draft letter to the employers?
PN129
MR NUCIFORA: It is a draft letter, in draft form. It shouldn't be treated any higher than that. I haven't in fact signed that.
PN130
MR NUCIFORA: This is something we would normally have preferred to have got out before today as we have in other matters before you. It is addressed to Mr Philip Gardner. He normally is one of the employer respondents - one of the representatives that appears in these matters in previous years but we would send this to all employer respondents of course. This is a draft letter and it should be considered as such in this exhibit but it does go to explaining some of the things I've already covered in relation to the $19 wage variation.
PN131
It also goes to explaining how we have increased the meal allowances and the uniform allowance and we also refer of course to when this award was previously varied for the 2003 safety net adjustment in PR934849. That was operative from 14 June 2003. We also indicate there that we would be seeking leave to vary this application and take the opportunity to insert the reasonable overtime provision as reflected in the draft order.
PN132
What I would suggest, your Honour, although it is a less than ideal situation, we would have preferred to have got all this material out before today but that the employers be given some time before 14 June to go through the draft order and, of course, with the copy of this letter explaining what the draft order has contained therein. They already have a copy as you know through exhibit ASU1 of the notice of listing. They also have a copy of - they are aware of the application and how the application to vary this award.
PN133
What they wouldn't be aware of is that our union would seek leave to vary the application to include the reasonable overtime test case provision. But we say that there is nothing out of the ordinary in any of that but the safety net adjustment, related allowances increases and indeed the working hours Full Bench decision are like test case preventers. What does need to happen of course is there needs to be double checking of the calculation of increases.
PN134
There also has to be the checking of the wording that we have in there in terms of reasonable overtime. We don't believe that it will be a problem in principle. We understand it is a less than ideal situation. We would have preferred to have had - - -
PN135
THE DEPUTY PRESIDENT: So if I allowed a period of 14 days for the employers to respond to the draft order, Mr Nucifora, in the event that I receive within that 14 day period no response to the draft order, then the Victorian Legal Professional, Clerical and Administrative Employees Award 2004 will be varied in accordance with ASU2 and the order varying the order will come into force on or after - sorry, from the first pay period commencing on or after 14 June. Is that what you were seeking?
PN136
MR NUCIFORA: Yes, thank you, your Honour.
PN137
THE DEPUTY PRESIDENT: Yes, all right. We will go ahead on that basis. You will get that information out to the respondent employers by when, Mr Nucifora?
PN138
MR NUCIFORA: Your Honour, I seek today to amend exhibit ASU3 to include the 14 day period that you have mentioned.
PN139
THE DEPUTY PRESIDENT: Yes.
PN140
MR NUCIFORA: But otherwise send that letter out with the draft order to all the employer respondents that were served with the notice of listing.
PN141
THE DEPUTY PRESIDENT: Yes. You might provide me with a copy of the amended draft letter that you are sending out too, if you don't mind, thanks.
PN142
MR NUCIFORA: Yes, your Honour. That should include - just to check that again, your Honour - that should include the 14 day period for employers to respond?
PN143
THE DEPUTY PRESIDENT: Yes, just amend what is now ASU3 to include the fact that I'm providing a 14 day period for the respondent employers to respond to the draft order. To the extent that there is opposition in any way to the draft order, then we can handle that matter as and when it arises to the extent that there is consent to the draft order, then the award variation will go through or to the extent that there is no response, then the award variation will go through at the end of the 14 day period.
PN144
MR NUCIFORA: Thank you, your Honour.
PN145
THE DEPUTY PRESIDENT: Yes.
C2004/3517
C2004/3518
OFF-COURSE AGENCY EMPLOYEES
AWARD 2001
TABCORP WAGERING EMPLOYEES
AWARD 2003
Applications by the Australian Municipal,
Administrative, Clerical and Services Union
PN146
MR J. NUCIFORA: Your Honour, I appear for the Australian Services Union. Your Honour, this matter before you is an application to vary the Off-Course Agency Employees Award 2001 for the 2004 safety net adjustment. Your Honour, we have served the employer - - -
PN147
THE DEPUTY PRESIDENT: Yes, I've just been handed an email, Mr Nucifora, that refers to both this matter 3517 and the next matter which is 3518. The substance of the email - and it is from a Mary Brown Group Remuneration and Benefits Manager for Tabcorp states that as a result of the late notification, the Tabcorp is unable to attend and as they have yet to be provided with the adjusted wage rates, Tabcorp seeks 14 days in which to refer the rates and confirm their consent.
PN148
MR NUCIFORA: Your Honour, we don't oppose those submissions. In fact, both these awards could be handled the same way. We are dealing with the same employer as they have mentioned.
PN149
THE DEPUTY PRESIDENT: Yes. Well, we may do that, I think, Mr Nucifora. We will deal with 3518 at the same time.
PN150
MR NUCIFORA: Thank you, your Honour. These two awards, I've mentioned one already, the Off-Course Agency Employees Award 2001, that is in C2004/3517 and in C2004/3518, the Tabcorp Wagering Employees Award 2003, that award was simplified last year and the earlier one was simplified - the Off-Course Agency Award in 2001. They have fairly complex formulas for calculating the various wage increases and I might take the opportunity today, your Honour, for not having sought about an outstanding safety net adjustment from last year.
PN151
Now, mind you, none of this effects any of the employees because they are paid above the award. There was an outstanding matter before you last year in relation to what is now the Tabcorp Wagering Employees Award but I know your associates have been very diligent in informing me about this being resolved. I will refer you to C2003/2321, what is now the Tabcorp Wagering Employees Award 2003, was then the On-Course Totalisator Agency Board before Off-Course Totalisator Employees Award of 1993 and it had a very complex system of wages that we were seeking to resolve with Ms Brown.
PN152
The reason why we didn't withdraw that application, even though we are now talking about a simplified award and an award that was simplified between the Victorian branch officials and Tabcorp is we wanted to ensure we could reach some agreement with them about the calculations of the wages that effect - the award minimum rates that effect those employees, not in real terms but certainly in theory under the award. We had not yet resolved that and if I can, just by way of explanation of why we hadn't yet withdrawn, although we were intending to.
PN153
We hadn't withdrawn that application for the 2003 safety net adjustment. What I would say, your Honour, is that we are talking about enterprise awards and we would be seeking to resolve both those awards at the same time with the help of our Victoria branch of the ASU and we would think that the 14 days is time enough to resolve outstanding issues in both the awards before you. We have certainly noted - - -
PN154
THE DEPUTY PRESIDENT: I don't appear to have a draft order in respect of either of these.
PN155
MR NUCIFORA: Your Honour, there isn't a draft order at this point. Both awards have fairly complex wage calculations. What we would be seeking to do is to reach a consent order with the employers on both matters. Indeed one of them, the Wagering Employees Award has such a complex system that it would take more than a day, over a day, to calculate the new wages. It is a lot quicker - - -
PN156
THE DEPUTY PRESIDENT: Yes. Well, I'm not quite sure what you want me to do with them at this stage, Mr Nucifora.
PN157
MR NUCIFORA: I think we would support the submissions made by Tabcorp that in within 14 days, we are dealing with - just in terms of operative dates - in 3517, it is 4 July 2004 and 3518, it is 27 June 2004. So within 14 days, that is well before the operative dates that we would otherwise have been proposing. In that time, we would seek to get in written submissions, we would seek to get draft orders that are by consent.
PN158
THE DEPUTY PRESIDENT: Yes.
PN159
MR NUCIFORA: I don't think there is any real dispute between the parties about certainly - well, there is no dispute about the $19 this year and the $17 last year. There is a problem, a resource problem - - -
PN160
THE DEPUTY PRESIDENT: Well, let us not get into it now, Mr Nucifora.
PN161
MR NUCIFORA: Yes, sorry, your Honour.
PN162
THE DEPUTY PRESIDENT: What I will do, at the time, is I will set aside these two matters temporarily to enable you to consult with the employer concerned subject to what I receive from you in respect of those consultations with the employer. I will determine whether or not an order will issue or whether I will require a further hearing of the matter.
PN163
MR NUCIFORA: Yes, thank you, your Honour.
C2004/3526
CLERICAL AND ADMINISTRATIVE
EMPLOYEES - BREWERIES - AWARD 1999
Application by the Australian Municipal,
Administrative, Clerical and Services Union
PN164
MR J. NUCIFORA: I appear for the Australian Services Union and I have with me MS S. SANCHEZ.
PN165
MS SDRINIS: I appear for Carlton and United Breweries.
PN166
THE DEPUTY PRESIDENT: Thank you.
PN167
MR NUCIFORA: Thank you, your Honour. This is an application to vary the Clerical and Administrative Employees - Breweries - Award for the 2004 Safety Net Review and Supported Wage. If I may tender as an exhibit a bundle of documentation by way of service on the employer respondents.
PN168
MR NUCIFORA: Thank you, your Honour. Firstly, exhibit ASU1, your Honour, includes a covering letter dated 24 May served on employer respondents by fax. You will see on the last page of exhibit ASU1, transmission reports confirming that this has been served on those employer respondents we would normally serve. Some of them have changed their fax numbers and it is indicated there in the covering letter. We normally, in going back a number of years, we normally would have a representative from Carlton United Breweries here today and as I understand, Ms Sdrinis is acting for them.
PN169
We indicate in the covering letter that this was the last award, it is pursuant to Print Number PR933477, operative from 14 June 2003. Your Honour, you mentioned before exhibit ASU2 is the draft order, in electronic form that you receive and also there in hard copy as part of exhibit ASU1, that is the draft order that goes to varying the wage rates, for the $19 wage increase. It also varies the absorption provision for the first paragraph and for some reason this award has separated, unlike most awards, has separated the first and second paragraphs of the absorption clause, this is 17.1.4.
PN170
The second paragraph would normally be 17.1.5 and we are not sure whether that is a correct or simplified that way I guess and I was involved with the simplification back in '99 it was something that was approved, one of the earlier awards that was simplified and it is still there.
PN171
It may be something that could be debated because we would not otherwise oppose that being part of one subclause, I will let Ms Sdrinis go to that I know that is an issue for CUB. Before I do there is of course in item (B) the support of wage increase to $60, I note that that is not included on the application so we would seek leave to vary our application to include the support of wage increase so as that can be varied to now the new rate at $60 pursuant to PR933936. Of course, in item (C) we are seeking an offer date of 14 June 2004.
PN172
Your Honour, subject to what Ms Sdrinis has to say about the absorption provision I understand this, I believe there's consent on other matters I think Ms Sdrinis was seeking some further time within the next 7 days to double-check the draft order, in particular that paragraph, we don't have a problem with that, your Honour. CUB have always been as cooperative as you could expect an employer to be in terms of the safety net adjustments, we would see that that could be resolved in that period of time, otherwise we would seek approval in principle, your Honour, of that draft order with the operative - of course, the increase being operative from the first pay period on or after 14 June 2004. If your Honour pleases.
PN173
THE DEPUTY PRESIDENT: Yes, and I grant leave to amend the application to allow for the variation of the award to include variation as to the support of wage systems, Mr Nucifora. Yes, Ms Sdrinis.
PN174
MS SDRINIS: Thank you, your Honour. We do consent to the safety net review being incorporated into the award, as Mr Nucifora said, there is a concern about that second part of the absorption clause but I think we can resolve that within 7 days. So other than that there's no objection. Thank you, your Honour.
PN175
THE DEPUTY PRESIDENT: Yes. Well, what am I really being asked here? I've got ASU2 you are asking me to hold this in reserve for a period of 7 days to enable you to have further discussions about the draft order, is that correct?
PN176
MR NUCIFORA: Yes, and once we have got written confirmation we will, either by email or by fax from CUB in relation to the drafting of that draft order, then we would propose that that be issued as that time but we are seeking approval at least - - -
PN177
THE DEPUTY PRESIDENT: That would need any amendment to the draft order though of course, Mr Nucifora, would need then to be served upon all of the respondent parties?
PN178
MR NUCIFORA: Yes, your Honour. If there is indeed a variation and appears that it is a drafting question it is separated in two subclauses, what is otherwise in normally one subclause into two separate subclauses.
PN179
THE DEPUTY PRESIDENT: Yes. Well, as in the previous matter I think the best way forward is if I just set aside this matter for the time being subject to you having further discussions with the respondent employers about the draft order.
PN180
MR NUCIFORA: We would not think, your Honour, that would need a further hearing unless anyone asks for it.
PN181
THE DEPUTY PRESIDENT: Well, I was going to say I will determine that based upon what information you provide back to me, Mr Nucifora, as a result of the discussions that you have with those respondent employers.
PN182
MR NUCIFORA: Yes, your Honour.
PN183
THE DEPUTY PRESIDENT: Yes. Next matter please.
C2004/3532
COLES SUPERMARKETS AUSTRALIA
PTY LIMITED AND BI-LO PTY LIMITED
CLERICAL AND ADMINISTRATIVE
EMPLOYEES AWARD 2003
Application by the Australian Municipal,
Administrative, Clerical and Services Union
PN184
MR J. NUCIFORA: I appear for the Australian Services Union. I have with MS S. SANCHEZ.
PN185
THE DEPUTY PRESIDENT: Yes, go ahead, Mr Nucifora.
PN186
MR NUCIFORA: Thank you, your Honour. There's an application to vary the Coles Supermarkets Australia and Bi-Lo Clerical and Administrative Employees Award in relation to the 2004 safety net adjustment in support of wage and reasonable hours. If I may by way of service hand a bundle of documentation as an exhibit.
PN187
MR NUCIFORA: Your Honour, exhibit ASU1 is a bundle of documentation sent by registered mail to the executive officer of Coles Supermarkets at Glen Iris and we include on the last page confirmation of the registered mail and this being sent by registered post to Coles Supermarkets head office. Your Honour, the ASU1 includes a covering letter which of course refers to the notice of listing today, today's hearing of course the variation to the first-aid and meal allowance and how that has been calculated. It also includes, as we have in the application, an application to vary the support of wage to $60 pursuant to PR933936.
PN188
Also included in the application to vary this award is an application to vary the award in relation to working hours and the working hours Full Bench decision of print number PR072002, of course that is to include the test case reasonable overtime provision as shown in the order. Now, as I've mentioned before, the second page to exhibit ASU1 is the application itself with all of those separate applications, if you like included, the notice of listing and of course that brings us to exhibit ASU2 which is the draft order. In that we vary the award rates to reflect the $19 increase and those rates are fairly familiar they are the same as - - -
PN189
THE DEPUTY PRESIDENT: Yes. When was this forwarded to the employer?
PN190
MR NUCIFORA: This was forwarded to the employer on Monday 24 May 2004 but I will come back to that, your Honour, just in terms of the employer and their response or lack of response today. Your Honour, in terms of item (A)2 we have included a new arbitrated safety net adjustment and the union, the ASU, makes the necessary commitment to that absorption provision. We have varied other rates and of course allowances there in items and, it should read as items 3, 4 - there's the first three and then that should read 4, 5, 6 and 7 instead of 3, 4, 5 and 6. They are all the allowances that have been varied as referred in the covering letter and item (B) takes you to the variation to the support of wage and new support of wage rate of $60, and of course item (C) takes us to inserting the new provision for reasonable overtime.
PN191
Item (D) takes us to the operative date of today's date, the first pay period on or after today's date. This award was simplified in 2003 and, your Honour, it is one that we do need to hear from the employers, we did serve them by registered mail, we believe that to be the correct address. If I may tender a further exhibit an extract from the internet address for Coles Supermarkets? I may tender that as an exhibit, your Honour.
EXHIBIT #ASU3 EXTRACT OF ADDRESS OF COLES SUPERMARKETS NATIONAL OFFICE FROM THE INTERNET
PN192
THE DEPUTY PRESIDENT: Yes, go ahead, Mr Nucifora.
PN193
MR NUCIFORA: Yes, exhibit ASU3 is an extract of the Coles Supermarkets their national office as being 800 Toorak Road, Glen Iris. I must say, your Honour, the officer at our union that would normally handle this is away on long service leave, I'm trying to find out who I need to contact in relation to Coles Supermarkets and I will seek to do that, as I did in an earlier before, within a reasonable period of time but I would - - -
PN194
THE DEPUTY PRESIDENT: Well, I note that your asking for the variation to have effect from today's date or from the first pay period commencing on or after today's date, Mr Nucifora.
PN195
MR NUCIFORA: Yes, because it was simplified last year I'm not aware, I think at that time it was simplified it probably, as I recall, was some catch up in all of that it may have been outstanding safety net adjustment, it was brought up to date to that time. This is where we do need to hear from the employer and of course there's an argument whether that affects actual rates of pay particularly from today's date. I'm proposing, if you like putting a stake in the ground, from today's date because that is when the matter was listed but we do need hear from the employer, but not only on that issue if they have a question about the operative date but also, of course as I mentioned before, the calculation of the variances, the new wage rates and the allowances and of course reasonable overtime.
PN196
None of that should be earth shattering but nonetheless we should hear from the employer before - - -
PN197
THE DEPUTY PRESIDENT: Yes, so what are you suggesting, Mr Nucifora?
PN198
MR NUCIFORA: I would suggest, your Honour, as we did in an earlier that certainly for the record today it is acknowledge an exhibit ASU1 and that it was sent by registered mail that they would - - -
PN199
THE DEPUTY PRESIDENT: Yes, we have got all of that.
PN200
MR NUCIFORA: We have got all that and that they have a period of time, I was proposing 7 days - - -
PN201
THE DEPUTY PRESIDENT: Yes.
PN202
MR NUCIFORA: - - - I would seek to then, of course there's some responsibility, that I have to try and chase up the person that I need to talk to about that and that we would seek to respond within that 7 days. If not then something should happen at the end of that 7 days but whether there's an order issued obviously that would be our preferred position. Personally I would still like to see some response from the employer that they have a - I mean, it may be - - -
PN203
THE DEPUTY PRESIDENT: Well, for the order to issue with - at the end of that period I will need to have something to indicate consent from the employer who is the respondent to the award, Mr Nucifora, so I'm prepared to issue the order in the form sought, that is as per ASU2. It is subject to you having some discussions with the respondent employer within the next 7-day period and subject to me being provided with an indication that there is consent to the order in its current form. In the event that there isn't then I will have to relist the matter.
PN204
MR NUCIFORA: Yes, I understand that, your Honour.
PN205
THE DEPUTY PRESIDENT: Yes.
PN206
MR NUCIFORA: I guess the concern for us is whether we are able to actually get through to someone within that 7 days, we will all keep trying. If I can't I will certainly be in touch with your office about that and we will send off correspondence referring that of course what you have put.
PN207
THE DEPUTY PRESIDENT: Yes.
PN208
MR NUCIFORA: And the 7-day time period in which - - -
PN209
THE DEPUTY PRESIDENT: If you copy me on that correspondence I would appreciate it, Mr Nucifora.
PN210
MR NUCIFORA: Thank you, your Honour.
PN211
THE DEPUTY PRESIDENT: Yes, thank you. The matter is adjourned.
ADJOURNED INDEFINITELY [11.18am]
INDEX
LIST OF WITNESSES, EXHIBITS AND MFIs |
EXHIBIT #ASU1 NOTIFICATION TO EMPLOYER PN13
EXHIBIT #ASU2 DRAFT ORDER PN17
EXHIBIT #ASU3 LETTER FROM M. CARLSE PN24
EXHIBIT #ASU1 NOTIFICATION TO EMPLOYER PN30
EXHIBIT #ASU2 DRAFT ORDER PN34
EXHIBIT #ASU3 LETTER FROM M. CARLSE PN54
EXHIBIT #ASU1 NOTIFICATION TO EMPLOYER WITH COVERING LETTER DATED 24/05/2004 PN60
EXHIBIT #ASU2 DRAFT ORDER PN62
EXHIBIT #ASU1 BUNDLE OF DOCUMENTATION PN95
EXHIBIT #ASU2 DRAFT ORDER PN96
EXHIBIT #ASU3 ADVICE OF CURRENT ADDRESS OF MBF HEAD OFFICE PN103
EXHIBIT #ASU1 BUNDLE OF DOCUMENTATION PN119
EXHIBIT #ASU2 ELECTRONIC DRAFT PN121
EXHIBIT #ASU3 DRAFT LETTER TO EMPLOYERS PN130
EXHIBIT #ASU1 BUNDLE OF DOCUMENTATION PN168
EXHIBIT #ASU2 DRAFT ORDER DATED 27 MAY PN168
EXHIBIT #ASU1 BUNDLE OF DOCUMENTS OF SERVICE PN187
EXHIBIT #ASU2 ELECTRONICALLY TRANSMITTED DRAFT ORDER PN187
EXHIBIT #ASU3 EXTRACT OF ADDRESS OF COLES SUPERMARKETS NATIONAL OFFICE FROM THE INTERNET PN192
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