C2004/3479, Transcript of Proceedings [2004] AIRCTrans 2229 (17 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 7368

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2004/3479

STORAGE SERVICES RETAIL VICTORIAN
WAREHOUSES AWARD 2000

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

10.38 AM, FRIDAY, 4 JUNE 2004

PN1

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

PN2

MR M. WELDON: I appear on behalf of the Australian Retailers Association.

PN3

THE SENIOR DEPUTY PRESIDENT: I note that I have on file a statement of service executed by Mr Donnelly for the Union which attests to the service upon each of the employer and union respondents - other union respondents to the award, notice of listing, application and draft order.

EXHIBIT #NUW1 STATEMENT OF SERVICE EXECUTED BY MR DONNELLY

PN4

THE SENIOR DEPUTY PRESIDENT: Yes, Ms Parkes.

PN5

MS PARKES: If the Commission pleases, your Honour, if I could just seek to tender a copy of the draft order that the union seeks to have marked today.

EXHIBIT #NUW2 DRAFT ORDER

PN6

MS PARKES: Your Honour, the NUW would submit that the amended draft order before you is consistent with the core requirements of the Safety Net Review - Wages May 2004 Decision found at print 002004. We would note that the wage rates have been increased by $19. We would note that there is the required commitment to absorption. We would note that the order seeks to come into effect from the first full pay period to commence on or after 5 June 2004, being the 12 month anniversary from last year's adjustments and we would note that the allowances either seek to be varied in accordance with the relevant CPI factor or in accordance with the work related allowance formula in the Furnishing and Glass Industries Allowances decision.

PN7

If I could just take your Honour to the amendments made to the draft order. It is in relation to meal allowances at items 10 and 11. I can advise your Honour that the amendments were served by a facsimile to all respondents on 3 June 2004 to advise them of that amendment. We were not able to send them by certified mail given that the timeframe involved but they were served by facsimile yesterday with that proposed amendment. So your Honour we would submit that the amended draft order in the terms of exhibit NUW2 before you should be made and that it is consistent with the requirements of the Full Bench's decision. In relation to the redundancy aspect of the application, we would seek to adjourn that until the settlement of final orders in the redundancy test case. If the Commission pleases.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Parkes. Yes, Mr Weldon.

PN9

MR WELDON: Yes, your Honour, we do not object to the application that is before you. We have had the opportunity to check the draft order and the amended draft order and we are satisfied that it reflects the Full Bench's decision in respect to the safety net adjustment. We have nothing further to add than that, your Honour.

PN10

THE SENIOR DEPUTY PRESIDENT: Thank you for that, Mr Weldon. Yes, perhaps one day an employer organisation will come and consent rather than not object to a variation. Very well.

PN11

This is an application by the National Union of Workers to vary the Storage Services Retail Victorian Warehouses Award 2000 to give effect to the Safety Net Review - Wages May 2004 Decision print PR002004 in the redundancy test case decision of May 2004 PR032004. The union has sought to adjourn that element of the application in respect to the redundancy test case in the absence of orders arising from that matter at this point of time. The application will be brought back on at some later time to deal with that element of the application.

PN12

I am satisfied, through exhibit NUW1, that the union has properly served each of the respondents with notice of listing, an application and a draft order. The ARA has appeared and does not object to the variation sought in the form of exhibit NUW2. I am satisfied that the variation is sought properly gives effect to the Safety Net Review decision in that it adjusts wage rates by $19 per week in accordance with that decision and adjusts allowances in accordance with the allowances principle. It contains the required no extra claims commitment and proposes an operative date 12 months beyond the last adjustment made by Mr Commissioner Eames on - in print PR932684.

PN13

Accordingly, I will vary the award in the terms of exhibit NUW2. The order shall have effect from the first full pay period to commence on or after 5 June 2004. It shall remain in force for a period of six months. I will now adjourn and the matter will be relisted at a later stage, subject to further notice to each of the respondents in respect of the redundancy test case matter.

ADJOURNED INDEFINITELY [10.44am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #NUW1 STATEMENT OF SERVICE EXECUTED BY MR DONNELLY PN4
EXHIBIT #NUW2 DRAFT ORDER PN6