C2004/3481, Transcript of Proceedings [2004] AIRCTrans 2213 (16 June 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 7383

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C2004/3481

WHOLESALE OIL PRODUCTS -
REFINING AND WAREHOUSING
AWARD 2002

Application under section 113 of the Act
by the National Union of Workers to vary
the above award re the redundancy test
case - March 2004 decision [PR032004] and
the safety net review - wages May 2004
decision [PR002004]

MELBOURNE

9.07 AM, THURSDAY, 3 JUNE 2004

PN1

MR G. MAAS: I appear for the National Union of Workers.

PN2

MR J. BUCHANEK: I appear on behalf of the Australian Industry Group.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Maas.

PN4

MR MAAS: thank you, your Honour. This is an application by the National Union of Workers to vary the Wholesale Oil Products - Refining and Warehousing Award pursuant to section 113 of the Act and in accordance with the safety net review decision of this year. I believe your Honour has a copy of the amended draft order before you.

EXHIBIT #NUW1 AMENDED DRAFT ORDER

PN5

MR MAAS: Your Honour, a copy of the application for variation, a notice of listing and a draft order have been served on the employers the respondent to this award and an affidavit of service attesting to this in relation to this has been sworn by Charles Donnelly, the general secretary of the

EXHIBIT #NUW2 AFFIDAVIT SWORN BY CHARLES DONNELLY ON 24/05/2004

PN6

MR MAAS: Thank you, your Honour. The draft order before you contains wages and allowances which have been varied in accordance with this year's safety net decision. Weekly wages have been increased by $19. The allowances have been varied either in accordance with the formula in the Furnishing Glass Industries decision or by the appropriate CPI indicator and a clause giving the requirement commitment to absorption of the increase to wages has also been incorporated in the draft order.

PN7

The union confirms, your Honour, that a period of 12 months will have elapsed since the rates in the awards were increased and the date sought in the draft order for the order to come into force, that being 29 June 2004. We submit that the draft order is consistent with the principles expressed by the Full Bench of the Commission in the safety net review decision of this year and request that the application to vary the award be granted on the terms that we seek. Your Honour, again we note that that application has also been made to vary the redundancy provisions within the award, however we seek to adjourn that part of the proceedings today until final orders have been issued by the Commission in respect of the redundancy test case.

PN8

THE SENIOR DEPUTY PRESIDENT: The amended draft order has notes appearing on it. Did you want the order made with the notes in it?

PN9

MR MAAS: No, your Honour. That is just notes that we include for the benefit of the respondent parties.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Maas. Mr Buchanek.

PN11

MR BUCHANEK: Your Honour, the Australian Industry Group has checked the amended draft order and we find the amended draft order to be within the terms of the May 2004 safety net decision. We do not oppose the variation. In relation to the redundancy matter of course, I believe the orders flowing from the redundancy test case decision have not yet been finalised and therefore request that part of the application be adjourned. If the court pleases.

PN12

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Buchanek. Very well. The application for variation in respect of the redundancy test case provisions is adjourned to a date to be fixed and will be re-listed upon application by the NUW. So far as the application seeks to vary the award to insert the safety net adjustment for May 2004 decision, I will make the order in terms of exhibit NUW1, subject to removal of the notes included in the exhibit. The order shall come into force from the first full pay period to commence on or after 29 June 2004 and shall remain in force for a period of six months. Thank you.

ADJOURNED INDEFINITELY [9.12am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #NUW1 AMENDED DRAFT ORDER PN5
EXHIBIT #NUW2 AFFIDAVIT SWORN BY CHARLES DONNELLY ON 24/05/2004 PN6