C2004/3451, Transcript of Proceedings [2004] AIRCTrans 2330 (23 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)
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TRANSCRIPT OF PROCEEDINGS


O/N 7443

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2004/3451

MARKET AND BUSINESS CONSULTANCY
SERVICES - A C NIELSEN (FIELD
TECHNICIANS AND FIELD
REPRESENTATIVES) AWARD 2001

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

10.32 AM, FRIDAY, 11 JUNE 2004

PN1

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

PN2

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Maas. There is no appearance for A.C. Nielsen (Australia) Pty Limited but I do have on file affidavit of service executed by Mr Donnelly attesting his service of the notice of listing the application draft order upon the sole employer respondent by way of correspondence 4 June 2004. I am satisfied that the employer respondent has been properly served with notice of the proceedings and has had an opportunity to be heard.

EXHIBIT #NUW1 AFFIDAVIT OF SERVICE

PN3

THE SENIOR DEPUTY PRESIDENT: Mr Maas?

PN4

MR MAAS: Yes, your Honour. This is an application by the National Union of Workers to vary the Market and Business Consultancy Services, A.C. Nielsen (Field Technicians and Field Representatives) Award 2001. The application to vary the award is made pursuant to section 113 of the Act and in accordance with the safety net review wages made 2004 decision. Just for the record, if I might tender a draft order.

PN5

THE SENIOR DEPUTY PRESIDENT: Exhibit NUW2.

EXHIBIT #NUW2 DRAFT ORDER

PN6

MR MAAS: And I can confirm your Honour that that draft order is the same one that is referred to in the exhibit NUW1 by Charles Donnelly.

PN7

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN8

MR MAAS: Your Honour, the draft order before you contains the wages which have been varied in accordance with the safety net review decision. Weekly wages have been increased by a figure of $19 and there is also a clause giving the required commitment to absorption to the increase to wages in the draft order. I note that there are no allowances that have been varied in this award.

PN9

THE SENIOR DEPUTY PRESIDENT: The rates are expressed as they are in orders fortnightly remuneration but presumably they had $38 added?

PN10

MR MAAS: That is correct, your Honour. Your Honour, we confirm that a period of 12 months will have elapsed since the rates in the award were increased in accordance with the safety net review decision of 2003 and that they - which is sought in the draft order. The operative date we would seek, your Honour, is 12 September 2004. We submit that the draft order is consistent with the principles expressed by the Full Bench of the Commission in the safety net wages decision this year and request that the application to vary the award be grated on the terms which we seek. And just finally, your Honour, in relation to the redundancy component of our application, we are still in the process of preparing the draft order. We will serve that on the respondent party and call the matter back on at a later date. If the Commission pleases.

PN11

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Maas. Yes, this is an application by the National Union of Workers to vary the Market and Business Consultancy Services, A.C. Nielsen (Field Technicians and Field Representatives) Award 2001 and give effect to the redundancy and safety net review test cases. The redundancy test case element of the application is adjourned to a later date. In respect to safety net review I am satisfied that A.C. Nielsen (Australia) Pty Limited has been properly served with notice of this hearing and a draft order in the terms of exhibit NUW2 and that it has had an opportunity to be heard. I am satisfied that the proposed order properly gives effect to the safety net review decision in PR002004. Accordingly I will vary the award in terms of exhibit NUW2 and the variation shall come in force from the first full pay period to commence on or after 12 September 2004 and shall remain in force for a period of six months. The matter is adjourned.

ADJOURNED INDEFINITELY [10.36am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #NUW1 AFFIDAVIT OF SERVICE PN3
EXHIBIT #NUW2 DRAFT ORDER PN6