C2004/3457, Transcript of Proceedings [2004] AIRCTrans 2214 (16 June 2004)

AUSCRIPT PTY LTD
(Administrator Appointed)
ABN 76 082 664 220

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

TRANSCRIPT OF PROCEEDINGS


O/N 7385

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C2004/3457

OIL AND GAS INDUSTRY BULK
LIQUID TERMINALS 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

9.17 AM, THURSDAY, 3 JUNE 2004

PN1

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

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Maas.

PN3

MR MAAS: Thank you, your Honour. This is an application by the NUW to vary the award known as the Oil and Gas Industry Bulk Liquid Terminals Award pursuant to section 113 of the Act and in accordance with the safety net review wages may 2004 decision. I believe your Honour has a copy of the draft order before you.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes.

EXHIBIT #NUW1 DRAFT ORDER

PN5

MR MAAS: Your Honour, a copy of the application for variation, a notice of listing and this draft order have been served on the employers respondent to the award and there is also an affidavit of service which attests to this sworn by Mr Charles Donnelly, general secretary of the NUW and this should also appear on your files.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes.

EXHIBIT #NUW2 AFFIDAVIT OF CHARLES DONNELLY SWORN 24/05/2004

PN7

MR MAAS: Your Honour, the draft order contains wages and allowances which have been varied in accordance with the safety net review decision. Weekly wages have been increased by $19 and allowances have been - I don't think that allowances have been varied in this award.

PN8

THE SENIOR DEPUTY PRESIDENT: Not my copy of the draft.

PN9

MR MAAS: No, but a clause giving the required commitment to absorption of the increases to wages has also been incorporated in the draft order, your Honour. The NUW confirms that a period of 12 months will have elapsed since the rates in the award were increased and the date sought in this draft order, that date being 13 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 we request that the application to vary the award be granted on the terms sought.

PN10

Again, your Honour, we note that the NUW has also made application at this time to vary the redundancy provisions within the award. We seek today to adjourn that part of the proceedings until final orders have been issued by the Commission in the redundancy test case. If the Commission pleases.

PN11

THE SENIOR DEPUTY PRESIDENT: I note that - or you have noted that there was an error in the 2003 order in respect to the residual amount for operator grade 5 saying that it ought to have been $26.80 and not $15.30 and that calculations minus $19 have been performed on the figure of $26.80 as opposed the figure of $15.30.

PN12

MR MAAS: That is right, your Honour. When we were looking back through the history of the orders which were granted that seemed to be an error that had been made and so we performed our calculations and what the figure should have been. I am not entirely sure if that is the appropriate way to have proceeded.

PN13

THE SENIOR DEPUTY PRESIDENT: Perhaps a correction order should have been issued initially. Do you know how they come to take a figure of $15.30 rather than 26.80 in the last order?

PN14

MR MAAS: I would have to go back into the files, your Honour, but I would be happy to provide your associate with that information this afternoon.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes, that might be helpful. I think it would be appropriate then to perhaps include the note or a note showing that calculation has been rectified and if you could just provide me with details of what the residual was when the last order was made and what the residual was in the previous order that would be helpful.

PN16

MR MAAS: Certainly. But I do note that the minimum rate and the residual amount for each classification should add up to the current rate.

PN17

THE SENIOR DEPUTY PRESIDENT: That is right.

PN18

MR MAAS: Yes, and so that hasn't been the case for operator 5. So I will work through those calculations and provide your associate with those, your Honour.

PN19

THE SENIOR DEPUTY PRESIDENT: Very well. Thank you. I will adjourn the application for variation in respect of the insertion of the redundancy test case provisions. In respect of the application to vary the award to insert the safety net adjustment arising out of the wages May 2004 decision I will make the orders in terms of exhibit NUW1, subject to Mr Maas providing me with the information regarding the residual amount in respect of operator 5. The order will be made including a note verifying the corrections made to the residual amount.

PN20

The order shall come into force from the first pay period to commence on or after 13 June 2004 and remain in force for a period of six months. Yes, anything else, Mr Maas?

PN21

MR MAAS: No, your Honour.

PN22

THE SENIOR DEPUTY PRESIDENT: Very well. The matter is adjourned. Thank you.

ADJOURNED INDEFINITELY [9.23am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #NUW1 DRAFT ORDER PN5
EXHIBIT #NUW2 AFFIDAVIT OF CHARLES DONNELLY SWORN 24/05/2004 PN7