C2004/3448, Transcript of Proceedings [2004] AIRCTrans 2168 (9 June 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 10936

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2004/3448

MANUFACTURING CHEMISTS
(SIGMA COMPANY LIMITED)
AWARD 1999

Application under section 113 of the Act
by the National Union of Workers to vary
re Redundancy Test Case - March 2004
Decision and Safety Net Review - Wages
May 2004

MELBOURNE

10.02 AM, FRIDAY, 28 MAY 2004

PN1

MS A. PARKES: I appear for the National Union of Workers.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. I will note that I have on the file a statement of service executed by Mr Donnelly providing evidence that service of the notice of listing application and draft order upon each of the employer respondents to the award as required, none seems to have appeared. The AMWU, in correspondence I will mark AMWU1, has indicated that it consents to the application.

EXHIBIT #AMWU1 CORRESPONDENCE

PN3

THE SENIOR DEPUTY PRESIDENT: I will mark the statement of service.

EXHIBIT #NUW1 STATEMENT OF SERVICE

PN4

THE SENIOR DEPUTY PRESIDENT: And the position in respect of redundancy pay is presumably exactly the same as in the last matter?

PN5

MS PARKES: That is correct, your Honour. Your Honour, if I could just tender a draft order sought by the union in this matter.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes. I will mark the draft order NUW2.

EXHIBIT #NUW2 DRAFT ORDER

PN7

MS PARKES: Your Honour, there is one amendment to the draft order. A representative from Sigma has been in touch with my colleague, Mr Maas, and the amendment, if I can take your Honour to it, is on the second page at item number 3, and it is just underlined there. There was a typographical error in relation to the $19, so it has just been clarified so that it reads: 527.50, and this has been agreed to by the company which had discussions with my colleague, Mr Maas, about that. Your Honour, the union would seek to adopt the submissions that we made in the earlier matter before you this morning of C2004/3471 to state that the NUW exhibit 2 is consistent with the full bench's decision in the safety net review decision May 2004 found at print 002004.

PN8

Once again, that the order contains the required commitment to absorption, a period of 12 months will have elapsed between the date the award was varied last year for the 2003 safety net adjustment and the proposed commencement date of the order, being the first full pay period to commence on or after 31 May 2004, and we would note that the allowances, expense-related allowances, have been varied in accordance with the appropriate CPI factor and the work-related allowances varied in accordance with the furnishing and glass decision found at print M6M96975 consistent with the principles of the full bench.

PN9

Unless your Honour has any queries, that would conclude our submissions. If the Commission pleases.

PN10

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Parkes. This is an application pursuant to section 113 of the Act by the National Union of Workers to vary the Manufacturing Chemist Sigma Company Limited Award 1999 to give effect to the May 2004 safety net review decision in print PR2004. I am satisfied having regard to exhibit NUW1 that each of the respondents, the union and the company, has been served with notice of the hearing and the draft award. I am satisfied further that the draft order sought in exhibit NUW2 properly gives effect to the safety net review decision.

PN11

The order increases the rates by $19 as determined by the safety net review decision and increases various work-related and expense allowances in accordance with the principles. Further, the draft order contains the required commitment in respect of absorption, and seeks an operative date 12 months beyond the last variation in print PR932447. Accordingly, I will vary the award in the terms of exhibit NUW2. The order shall come into effect from the first full pay period to commence on or after 31 May 2004 and shall remain in force for a period of six months. I will now adjourn this matter and it can be re-listed when we are in a position to deal with the redundancy test case matter.

ADJOURNED INDEFINITELY [10.09am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AMWU1 CORRESPONDENCE PN3
EXHIBIT #NUW1 STATEMENT OF SERVICE PN4
EXHIBIT #NUW2 DRAFT ORDER PN7