C2003/5743, Transcript of Proceedings [2004] AIRCTrans 2223 (16 June 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

ADMINISTRATOR APPOINTED

Level 6, 114-120 Castlereagh St SYDNEY NSW 2000
PO Box A2405 SYDNEY SOUTH NSW 1235
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 11636

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER CARGILL

C2003/5743
C2003/6177
C2003/6178

METROPOLITAN NEWSPAPERS
(SOUTH AUSTRALIAN AND TASMANIA)
PRINTING AWARD

Application under section 113 of the Act
by Advertiser Newspapers Ltd and others
to vary the above award re clause 18.4.2,
casual loading, delegate training leave

SYDNEY

THURSDAY, 3 JUNE 2004

Continued from 7.4.2004

PN93

THE COMMISSIONER: We might deal firstly with the matter of the delegate training leave and the one related to the various amendments to the award, arising out of the award simplification process. I'm not sure when these were last on for - actually on transcript, so it might be best if I perhaps take appearances in relation to them, please.

PN94

MS K. FORD: I appear with the AMWU Printing Division.

PN95

THE COMMISSIONER: Thank you, Ms Ford.

PN96

MR M. FLETCHER: I appear on behalf of the two respondent companies to the award.

PN97

THE COMMISSIONER: Thank you, Mr Fletcher. Ms Ford, do you want to perhaps let me know where you're up to with these two matters, please?

PN98

MS FORD: With respect to the delegate training leave, which is the application made by the AMWU, the terms of the training leave have been agreed upon under consideration that the variation submitted by News Limited will be put forward as well. I think Mr Fletcher can go into more detail as to the position of their application to date. There is only one outstanding issue with respect to New Limited's application to vary and that would be clause 1 of their draft orders and we would request further time to discuss that with the parties. Mr Fletcher is of agreement with that and I'll let him go into more detail on that note.

PN99

THE COMMISSIONER: Thank you, Ms Ford. Yes, Mr Fletcher.

PN100

MR FLETCHER: Thank you, Commissioner, yes, as Ms Ford indicated, there have been - there is one outstanding issue in regard to the variations sought by the company. I would indicate that there has been a number of additional variations that have been agreed to subsequent to the original application made by the company. The position is that we understand that the union is having some discussions on this one outstanding issue tomorrow and we would envisage that as a result of those discussions, that there would be some agreement between the parties as to finalising this order.

PN101

We would submit that the - and, on the finalisation of this order, that the company will consent to the variation of the award submitted by the union in respect to the trade union training leave. We would suggest that the way ahead from this point in time, given that, is that the parties write to the Commission within the next week to two weeks advising of the final draft order for the variations sought by the company and that union can confirm that - that they're agreeing to that. We don't believe there's reason to relist the matter, we believe it can be resolved from here by correspondence. If it please the Commission.

PN102

THE COMMISSIONER: Thank you, Mr Fletcher. Ms Ford, you're agreeable to that?

PN103

MS FORD: Yes, we're agreeable to that position. Just one issue with respect to the delegate training leave, may I hand up our - the AMWU's draft order?

PN104

THE COMMISSIONER: Thank you.

PN105

MS FORD: A copy has been provided to Mr Fletcher prior to this conference.

PN106

THE COMMISSIONER: Now, I don't think we've any exhibits in this matter, or either of these matters so far, so I'll mark that as AMWU1.

MFI #AMWU1 DRAFT ORDER RE DELEGATE TRAINING LEAVE

PN107

THE COMMISSIONER: And then in due course, Mr Fletcher, we can receive a letter from you indicating your agreement to the terms of that order and Ms Ford, you will be able to indicate agreement to the terms of the order that Mr Fletcher will be providing in relation to the other variations.

PN108

MS FORD: Yes, thank you, Commissioner.

PN109

THE COMMISSIONER: Right, thank you. Now, if we can just - I'll just note for the record that the appearances are the same in relation to the third matter, which is 6177, the casual loading. Perhaps, Ms Ford, as it's the union's application, if you can let me know what's been happening with that matter, please.

PN110

MS FORD: Yes, Commissioner. The AMWU Federal Secretary of the Printing Division, Steve Walsh, has been in consultation with Andrew Biocca of News Limited on this particular point. They are still in negotiations or discussions about raising the casual leave loading, therefore we request from the Commission, if we could have a listing for this matter in approximately two to three months in order to conclude or help resolve this issue between the parties. Thank you.

PN111

THE COMMISSIONER: All right, thank you. Mr Fletcher.

PN112

MR FLETCHER: Commissioner, I can confirm that there have been discussions between the parties and those discussions are ongoing. I would agree with Ms Ford that a listing date in two to three months would be of assistance in allowing those discussions to continue.

PN113

THE COMMISSIONER: Right. Maybe it might be best to allow for say the three months, just to give people more of a chance to have better discussions and also accommodate people's diaries. So, would perhaps three months from today, which would be 3 September, be suitable to you both?

PN114

MR FLETCHER: That's fine, Commissioner.

PN115

MS FORD: That's fine, Commissioner, thank you.

PN116

THE COMMISSIONER: All right. Well, if we make it that we will relist and that is just 2003/6177 for 10 am on 3 September. The other two matters I won't relist unless there's some - unless we receive correspondence from either of you that you wish them to be relisted and, if there's nothing further, these matters are now adjourned. Thank you.

ADJOURNED INDEFINITELY [10.40am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

MFI #AMWU1 DRAFT ORDER RE DELEGATE TRAINING LEAVE PN107