C2004/37581, Transcript of Proceedings [2004] AIRCTrans 2254 (17 June 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 11696

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LAWSON

C2004/3758
C2004/3766
C2004/3767

LIQUOR TRADES HOTELS (AUSTRALIAN
CAPITAL TERRITORY) AWARD 1998

LIQUOR AND ACCOMMODATION INDUSTRY -
WINE AND SPIRIT STORES - AWARD 1999

LIQUOR INDUSTRIES - RACECOURSES
SHOWGROUNDS ETC - CASUALS AWARD 1998

Applications under section 113 of the Act
by the Liquor, Hospitality and Miscellaneous
Union to vary the above awards re safety net
review - wages May 2004 etcetera

SYDNEY

11.00 AM, MONDAY, 7 JUNE 2004

PN1

THE COMMISSIONER: I'll take appearances in all matters as it is my intention to deal with these matters as I have recently with a single running transcript and a numerical running list of exhibits. I'll take appearances in all matters.

PN2

MR N. SWANCOTT: I appear for the Liquor, Hospitality and Miscellaneous Union.

PN3

MR A. VLACHOS: I appear for the Australian Hotels Association and I appear in matter C2004/3758, the Liquor Trades Hotel (Australian Capital Territory) Award, 1998 and C2004/3767, Liquor Industries - Racecourses Showgrounds etc - Casuals Award.

PN4

MR P. WILLCOCKSON: Of Employers First, appearing on behalf of members who are respondent to the following matters: C2004/3766, The Liquor and Accommodation Industry - Wine and Sprits Stores - Award 1999 and C2004/3767 Liquor Industries - Racecourses Showgrounds etc. - Casuals Award 1998, if the Commission pleases.

PN5

MS T. CASTLES: I represent and appear on behalf of the Sydney Turf Club, the Newcastle Jockey Club, the New South Wales National Coursing Association, the New South Wales Greyhound Breeders Owners and Traders Association and others in matter number C2004/3767.

PN6

THE COMMISSIONER: Thank you Ms Castles. The first matter is an application filed by the LHMU pursuant to section 113 of the Workplace Relations Act to vary the Liquor Trades Hotels (ACT) Award 1998 to give effect to the safety net review decision 2004. Attached to the application was a statement of service by Assistant National Secretary Mr Ferrari dated 31 May 2004 related to the service upon the AHA and the ACT of copies of the application, the order for such service which was issued on 28 May, the notice of listing and the draft order. Attached also to that statement of service was a facsimile transmission verification sheet dated 31 May 2004. Mr Swancott, it is your application, what do you have to say about it?

PN7

MR SWANCOTT: Thank you Commissioner. I have handed your associate a final draft order in this matter which I would asked to be marked.

PN8

THE COMMISSIONER: I'll mark the document now tendered by Mr Swancott as exhibit S1.

EXHIBIT #S1 FINAL DRAFT

PN9

MR SWANCOTT: Thank you Commissioner. The order has been supplied to the relevant parties to the award. Specifically to the Australian Hotels Association which is a named respondent. It implements the decision of the Full Bench in the Safety Net Review May 2004 decision in relation to wage rates and in relation to work related allowances by application of the Glass Merchants case formula. The final two paragraphs of the order also increase the minimum rate for supported employment employees to the permitted $60 per week. The application includes in it a variation to the absorption clause in the award, being clause 16.2.1 and for the record the union makes the absorption commitment required by principle 8D of the statement of principles.

PN10

Commissioner, we would ask that the award be varied as set out in exhibit S1 and I indicate that in this matter and in relation to the other two before you my office will supply an electronic copy of the draft order to your associate. Thank you.

PN11

THE COMMISSIONER: Thanks, Mr Swancott. Mr Vlachos?

PN12

MR VLACHOS: Thank you, Commissioner. The Australian Hotels Association does not oppose the application made by the LHMU. We note that the order is drafted to take effect prospectively from the first pay period to commence on or after 23 June 2004. If the Commission pleases.

PN13

THE COMMISSIONER: Thanks, Mr Vlachos. Having heard the parties it is the Commission's decision that the award which is titled Liquor Trades Hotels (Australian Capital Territory) Award, 1998 be varied in the terms sought as set out in these proceedings marked as exhibit S1. An order to that effect will issue and the order shall take effect from the beginning of the first pay period to commence on or after 23 June 2004 and remain in force for a period of six months. That concludes that matter.

PN14

Can we now turn to matter C2004/3766. It is an application by the LHMU pursuant to section 113 of the Workplace Relations Act to vary the Liquor and Accommodation Industry - Wine and Spirit Stores - Award 1999 to give effect to the Safety Net Review 2004 decision. Attached to the application was a statement of service by the Assistant National Secretary Mr Ferrari, dated 1 June 2004 concerning the service upon the parties named in an order for substituted service which was issued on 28 May with copies of the application to vary the order for substituted service, the notice of listing and the draft order. Attached also to that statement of service is a facsimile transmission verification sheet dated 1 June in regard to the service upon the employers. Mr Swancott?

PN15

MR SWANCOTT: Thank you Commissioner. I have handed a copy of a revised draft order to your associate which I now tender.

PN16

THE COMMISSIONER: The revised draft order now handed up I'll mark as exhibit S2.

EXHIBIT #S2 REVISED DRAFT ORDER

PN17

MR SWANCOTT: My attention has been drawn to one error in the draft Commissioner and it is on the final page. The operative date sought in exhibit S2 is 7 June and my attention is drawn to the fact that last time the adjustment applied from 12 June, from the first pay period to commence on or after 12 June. Consistent with the 12 month rule as it is called, I would need to seek to amend the operative date from 7 to 12 June and I do so.

PN18

Commissioner the draft order in exhibit S2 applies the decision of the Full Bench in the Safety Net Review May 2004 decision by increasing wage rates by permitted amounts, by updating the absorption commitment clause in the award, by adjusting one work related allowance by reference to the Glass Merchants formula and by increasing the minimum rate for supported employment in clauses 16.3.2 and 16.9.3 by the amounts permitted by the Full Bench in that matter.

PN19

Commissioner, for the record the union gives the commitment required by principle 8(b) as to absorption and we ask that the Award be varied in the manner set out in exhibit S2. Thank you.

PN20

THE COMMISSIONER: Mr Willcockson?

PN21

MR WILLCOCKSON: Thank you, Commissioner. Commissioner, we are in receipt of exhibit S2 as varied on record today to operative date on or after 12 June 2004. Commissioner, we have had the opportunity to review the draft order. We are satisfied that the draft order complies with the Commission's statement of principles, attachment A to the Full Bench decision Safety Net Review Wages made 2004 and in compliance with the requirements of the Act. On those grounds, Commissioner, we consent to the application in the terms sought effective from the first pay period to commence on or after 12 June 2004. If the Commission pleases.

PN22

THE COMMISSIONER: Thank you, Mr Willcockson. Mr Willcockson, do you represent any of the liquor merchants that were served with the order for substituted service?

PN23

MR WILLCOCKSON: I understand that we have a number of respondent members to that particular Award, Commissioner, and that we appear on their behalf.

PN24

THE COMMISSIONER: Is Employers First the parent organisation for the Liquor Merchants Association, that you are aware of?

PN25

MR WILLCOCKSON: I am not so instructed, Commissioner.

PN26

THE COMMISSIONER: I am satisfied as to proper service anyway upon those organisations. Similarly upon Australian Business Limited, although there is nobody here from that organisation as well. Having heard Mr Swancott and Mr Willcockson it is the Commission's decision that the Award titled, Liquor and Allied Industries (Wine and Spirit Stores) Award 1999 be varied in the terms sought as set out in exhibit S2 as amended on transcript by Mr Swancott today. An order to that effect will issue and the order will operate from the beginning of the first pay period to commence on or after 12 June 2004 and shall remain in force for a period of six months. That concludes that matter.

PN27

Finally, can we turn to matter C2004/3767. This is an application by the LHMU pursuant to section 113 of the Workplace Relations Act to vary the Liquor Industries Racecourses, Showgrounds etcetera - Casuals Award 1998 to give effect to the Safety Net Review decision of 2004.

PN28

Attached to the application was a statement of service by the Assistant National Secretary, Mr Ferrari, dated 1 June 2004 concerning service upon the four organisations named in an order for substituted service dated 28 May with copies of the application to vary the order for substituted service, the notice of listing and the draft order. Attached, finally, was a faxed transmission verification sheet dated 1 June 2004 in relation to that service upon those employer organisations. Mr Swancott?

PN29

MR SWANCOTT: Thank you, Commissioner. I have handed to your associate a draft order in relation to this matter and I tender that.

PN30

THE COMMISSIONER: Exhibit S3.

EXHIBIT #S3 DRAFT ORDER

PN31

MR SWANCOTT: Commissioner, the proposed variation set out in exhibit S3 in our submission probably implements a decision of the Full Bench in the May 2004 Safety Net Review decision. The Award in question has a method of calculation of the various hourly wage rates provided for in clause 13.8 and that formula has been applied to the various subclauses of clause 13 to produce the figures that are in the draft order. The increases, in our submission, are consistent with the decision of the Full Bench in the May 2004 decision.

PN32

The draft order also updates the absorption of the clause in the Award, specifically at clause 13.11.1. And also increases the minimum amount payable to support an employment system employees by the amount permitted by the Full Bench that dealt with that matter. For the record, the union gives the commitment required by principle 8(d) of the statement of principles and asks that the Award be varied in terms of exhibit S3. Thank you, Commissioner.

PN33

THE COMMISSIONER: Thank you, Mr Swancott. Mr Vlachos?

PN34

MR VLACHOS: Thank you, Commissioner. The Australian Hotels Association does not oppose the application by the LHMU. And we note that the variation is to take effect from the first pay period to commence on or after 12 June 2004. If the Commission pleases.

PN35

THE COMMISSIONER: Thank you, Mr Vlachos. Mr Willcockson?

PN36

MR WILLCOCKSON: Thank you, Commissioner. Commissioner, Employers First is in receipt of exhibit S3. We are satisfied that service has been properly effected by the LHMU. Commissioner, we have reviewed the terms of the draft order and are satisfied that the order sought complies with the statement of principles, attachment A to the Full Bench decision Safety Net Review Wages May 2004 decision. We are also satisfied that the draft order complies with the terms of the Workplace Relations Act. On those grounds, Commissioner, we consent to the application in the terms sought.

PN37

THE COMMISSIONER: Thank you, Mr Willcockson. Ms Castles?

PN38

MS CASTLES: Thank you, Commissioner. We have checked the calculations and the proposed wage rates allowances and we find them to be correct and we have no objection to the Award being varied in terms of the draft order. We respectfully request that the Commission vary the Award.

PN39

THE COMMISSIONER: Thank you, Ms Castles. I note for the record that there is no appearance from the Victorian Employers Chamber of Commerce and Industry. And there is no appearance from Australian Business Limited, it being served properly in this matter.

PN40

Having heard the parties it is the Commission's decision that the Award which is titled, Liquor Industries Racecourses, Showgrounds etcetera - Casuals Award 1998 be varied in the terms sought as set out in these proceedings in exhibit S3. An order to that effect will issue and the order shall take effect on and from the beginning of the first pay period to commence on or after 12 June 2004 and remain in force for a period of six months.

PN41

That concludes all of the matters and the Commission will adjourn.

ADJOURNED INDEFINITELY [11.20am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #S1 FINAL DRAFT PN9
EXHIBIT #S2 REVISED DRAFT ORDER PN17
EXHIBIT #S3 DRAFT ORDER PN31