C2004/3932, Transcript of Proceedings [2004] AIRCTrans 2376 (25 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 7489

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C2004/3932
C2004/3937
C2004/3938
C2004/3944
C2004/3945
C2004/3949

TRANSPORT WORKERS (OIL
DISTRIBUTION) AWARD 2001

ACT FUNERAL INDUSTRY AWARD
2002

TRANSPORT WORKERS (LP GAS
INDUSTRY) AWARD 2002

TRANSPORT WORKERS - HOME MILK
VENDING (ACT) AWARD 2002

TRANSPORT WORKERS (PASSENGER
VEHICLES) AWARD 2002

TRANSPORT WORKERS (AUSTRALIAN
CAPITAL TERRITORY) AWARD 2002

Applications under section 113 of the Act
by Transport Workers' Union of Australia
to vary the above awards re safety net
review - wages May 2004

MELBOURNE

12 NOON, WEDNESDAY, 16 JUNE 2004

C2004/3932

TRANSPORT WORKERS (OIL
DISTRIBUTION) AWARD 2001

PN1

MS H. RYALL: I appear for the Transport Workers' Union in this matter.

PN2

MS K. RICHARDS: I appear for the Victorian Employers' Chamber of Commerce and Industry.

PN3

MR D. NORTH: I appear for Linfox Australia.

PN4

THE COMMISSIONER: Thank you. Yes, Ms Ryall.

PN5

MS RYALL: Commissioner, this is an application by the Transport Workers' Union to vary the Transport Workers (Oil Distribution) Award 2001. Copies of the application, draft order and hearing notice was sent by facsimile to the award's respondents on 9 June. We have a statement of service and draft orders for the Commission's file.

PN6

THE COMMISSIONER: Yes, thank you. Yes.

PN7

MS RYALL: Commissioner, the draft order includes the arbitrated safety net adjustment arising from the safety net review - wages May 2004 decision, print PR002004. Work related allowances have been adjusted in accordance with principle 5 of the Commission's statement of principles in that decision and allowances have been adjusted by increasing them by the consumer price index since the time they were last adjusted. The union's commitment required in principle 8D as to the absorption of the safety net adjustment and in this matter we seek an operative date of 15 August which is 12 months since the award was last varied for safety net increase, Commissioner.

PN8

THE COMMISSIONER: Yes, thanks, Ms Ryall. Ms Richards.

PN9

MS RICHARDS: Thank you, Commissioner. We first of all would like to acknowledge receipt of the draft order and the application that was made by the TWU in this matter. We received those by facsimile on 9 June 2004. We have had the chance to review the applications and, as such, we have no opposition to the order being made in the form sought by the union.

PN10

THE COMMISSIONER: Yes, thank you. Mr North.

PN11

MR NORTH: Thank you, Commissioner. Similarly, Linfox has viewed the draft order and does not oppose it in the terms sought. If the Commission pleases.

PN12

THE COMMISSIONER: Yes, thank you. This is an application to vary the Transport Workers (Oil Distribution) Award 2001 in the terms of the safety net decision of the Full Bench of this Commission. As agreed to, the order will come into operation at the beginning of the first full pay period which commences on or after 15 August 2004 and shall remain in force for a period of six months. Thank you.

C2004/3937

ACT FUNERAL INDUSTRY AWARD 2002

PN13

THE COMMISSIONER: Are there any appearances beyond Ms Ryall? Yes, Ms Ryall.

PN14

MS RYALL: Commissioner, copies of the application, draft order and hearing notice were sent by registered post to the award's respondents on 9 June and I have a statement of service and draft orders for the Commission's file.

PN15

THE COMMISSIONER: Thank you. You rely on your previous submissions, Ms Ryall?

PN16

MS RYALL: I do, Commissioner.

PN17

THE COMMISSIONER: Thank you. The application to vary the ACT Funeral Industry Award 2002 is agreed to, there being no opposition. The order will come into force from the beginning of the first pay period which commences on or after 30 June 2004 and remain in force for a period of six months. Thank you.

C2004/3938

TRANSPORT WORKERS (LP GAS INDUSTRY)
AWARD 2002

PN18

THE COMMISSIONER: Are there any appearances beyond Ms Ryall? Are you the only appearance, Ms Ryall?

PN19

MS RYALL: I believe so, Commissioner. Commissioner, copies of the application, draft order and hearing notice were sent by registered post to the award's respondents on 8 June. I believe that was by facsimile, sorry, and an amended draft was sent yesterday on 15 June and I have a statement of service and draft orders to that effect.

PN20

THE COMMISSIONER: Thank you. Yes.

PN21

MS RYALL: Commissioner, the draft order includes the arbitrated safety net adjustment arising from the safety net review - wages May 2004 decision. Work related allowances have been adjusted in accordance with principle 5 of the Commission's statement of principles and expense related allowances have been adjusted by the CPI since the time they were last adjusted. The union gives a commitment required in principle 8D as to the absorption of the safety net adjustment and we seek an operative date of 17 July 2004. Those are the submissions of the union, Commissioner.

PN22

THE COMMISSIONER: Thank you. The Transport Workers (LP Gas Industry) Award 2002 is varied in the terms of the order sought. The order will come into operation at the beginning of the first pay period commencing on or after 17 July 2004 and shall remain in force for a period of six months.

C2004/3944

TRANSPORT WORKERS - HOME MILK VENDING
(ACT) AWARD 2002

PN23

THE COMMISSIONER: Any appearances? Ms Ryall and Ms Nowacki, is that right?

PN24

MS P. NOWACKI: Thank you, Commissioner. I seek leave to appear on behalf of the members of Australian Business Industrial in the ACT.

PN25

THE COMMISSIONER: Yes, leave is granted, Ms Nowacki. Yes, Ms Ryall.

PN26

MS RYALL: Commissioner, copies of the application, draft order and hearing notice in this matter were sent by facsimile to the award's respondents on 9 June and I have statements of service and draft orders for the Commission's file.

PN27

THE COMMISSIONER: Thank you. Does Ms Nowacki have a copy of the draft?

PN28

MS NOWACKI: Yes, I received a copy of the draft order this morning.

PN29

THE COMMISSIONER: Thank you.

PN30

MS RYALL: Commissioner, the draft order includes the arbitrated safety net adjustment arising from the safety net review wages - May 2004 decision. Work related allowances have been adjusted in accordance with principle 5 of that decision and expense related allowances have been adjusted by increasing them by the CPI since the time they were last adjusted. The union gives the commitment required in principle 8D as to the absorption of the safety net adjustment and we seek an operative date of 7 July which is 12 months since the award was last varied for the safety net adjustment.

PN31

THE COMMISSIONER: Yes, thank you, Ms Ryall. Ms Nowacki.

PN32

MS NOWACKI: Owing to the fact, Commissioner, that we received a copy of the draft order, I have just had a chat to Ms Ryall and we have agreed that we will have 24 hours to review the order on behalf of our members.

PN33

THE COMMISSIONER: Your member being the Chamber of Commerce and Industry in the ACT?

PN34

MS NOWACKI: Our members are those affected by this award who are members of Australian Business Industrial and operating out of the ACT.

PN35

THE COMMISSIONER: Yes, all right. Well, with that agreed, the order will come into operation at the beginning of the first pay period which commences on or after 7 July 2004 and remain in force for a period of six months. If you have any problems with the order, you have 24 hours to let my Associate know.

C2004/3945

TRANSPORT WORKERS (PASSENGER VEHICLES)
AWARD 2002

PN36

MS RYALL: I appear for the Transport Workers' Union in this matter.

PN37

MS RICHARDS: I appear for the Victorian Employers' Chamber of Commerce and Industry.

PN38

MR R. LAMBERT: I appear for the Bus Association and seek leave to appear before you today in this matter.

PN39

THE COMMISSIONER: Yes, leave is granted. Thank you, Mr Lambert. Yes, Ms Ryall.

PN40

MS RYALL: Commissioner, this is an application by the Transport Workers' Union to vary the Transport Workers (Passenger Vehicles) Award 2002. Copies of the application, draft order and hearing notice were sent by facsimile to the award's respondents on 10 June and I have a statement of service and draft orders for the Commission's file.

PN41

THE COMMISSIONER: Thank you.

PN42

MS RYALL: The draft order includes the arbitrated safety net adjustment arising from the safety net review - wages May 2004 decision. The work related allowances in this award have been adjusted in accordance with principle 5 of the Commission's statement of principles and expense related allowances have been adjusted by increasing them by the CPI since they were last adjusted. The union gives the commitment required in principle 8D as to the absorption of the safety net and seeks an operative date of 13 July.

PN43

In relation to the draft order, there are two matters that have been pointed out to me. The first is that on the second page, about half way down, in relation to the classification of driver or articulated vehicle, the figure 498.70 appears twice and that is not supposed to be the case. It should only appear once. Also in point two at 17.3.2 in relation to the coach attendant grade 2 for Monday to Friday work, initially when we sent out the draft order, the figure there read $103.60. The draft order before you now says $100.25 and that is the correct figure. Those are the submissions of the union, Commissioner.

PN44

THE COMMISSIONER: Thank you. Ms Richards.

PN45

MS RICHARDS: Thank you, Commissioner. The Victorian Employers' Chamber of Commerce and Industry has had the chance to review the draft order that has been put before the Commission in today's proceedings. We have no opposition to the making of the order in the terms sought by the union, including the amendments that have been detailed by Ms Ryall in today's proceedings.

PN46

THE COMMISSIONER: Thank you. Mr Lambert.

PN47

MR LAMBERT: Almost ditto, sir. We have had a chance to peruse the application and with those two matters that have been brought to our attention, we have no concerns and are happy to endorse it.

PN48

THE COMMISSIONER: Thank you. The Transport Workers (Passenger Vehicles) Award 2002 is varied with the amendments referred to by Ms Ryall and agreed to by the parties. The order will come into operation at the beginning of the first pay period which commences on or after 13 July 2004 and remain in force for a period of six months. The matter is adjourned.

C2004/3949

TRANSPORT WORKERS (AUSTRALIAN
CAPITAL TERRITORY) AWARD 2002

PN49

MS RYALL: I appear for the Transport Workers' Union in this matter.

PN50

MS NOWACKI: I seek leave to appear on behalf of members of Australian Business Industrial in the ACT.

PN51

THE COMMISSIONER: Thank you. The Commission is in receipt of correspondence under the signature of Mr Gillingham from the Master Builders' Association of the ACT which says in effect that he has no objections to the matter being varied, but he queries whether the Commission is able to vary - the Commission as constituted is able to vary the award at an early stage, today's date, because in effect it will not come into operation until 18 December 2003. I can find nothing in the Act that says I can't vary an award with a forward operation date. Any comments, Ms Ryall?

PN52

MS RYALL: Commissioner, the draft order that I will hand up to you actually seeks an operative date of 18 September and I see no reason why it shouldn't be made ahead of time.

PN53

THE COMMISSIONER: Yes.

PN54

MS RYALL: Copies of the application and draft order and hearing notice in this matter have been sent by facsimile to the award's respondents on 9 June and I have a statement of service and draft order for the Commission's file.

PN55

THE COMMISSIONER: Yes, thank you. Yes.

PN56

MS RYALL: Commissioner, the draft order includes the arbitrated safety net adjustment arising from the safety net review - wages May 2004 decision. Work related allowances have been adjusted in accordance with principle 5 of the Commission's statement of principles in that decision and expense related allowances have been adjusted by increasing them by the consumer price index since the time they were last adjusted. The union gives a commitment required in principle 8D as to the absorption of the safety net adjustment and those are the submissions of the union, Commissioner.

PN57

THE COMMISSIONER: Thank you. Ms Nowacki.

PN58

MS NOWACKI: Thank you, Commissioner. We have had a chance to review the draft order and we won't be opposing the application.

PN59

THE COMMISSIONER: Yes, thank you. The Transport Workers (Australian Capital Territory) Award 2002 is varied in the terms of the draft order. The order will come into operation at the beginning of the first pay period which commences on or after 18 September 2004 and shall remain in force for a period of six months. I disagree with Mr Gillingham's assertion. The Commission is adjourned. Thank you.

ADJOURNED INDEFINITELY [12.14pm]