C2004/3319, Transcript of Proceedings [2004] AIRCTrans 2419 (29 June 2004)

AUSCRIPT PTY LTD
(Administrator Appointed)
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TRANSCRIPT OF PROCEEDINGS


O/N 7512

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2004/3319

HARRIS SCARFE LIMITED EMPLOYEES
AWARD 2003

Application under section 113 of the Act
by Shop, Distributive and Allied Employees
Association to vary the above award re
Safety Net Review Wages Decision May
2004 (PR002004)

MELBOURNE

11.05 AM, FRIDAY, 18 JUNE 2004

PN1

MR J. RAIMONDO: I appear on behalf of the Shop, Distributive and Allied Employees Association. Your Honour, I am unaware that the other party is in attendance, but I believe that they will be sending some correspondence or they have sent some correspondence through.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, just bear with me one moment. No, there is no additional correspondence. All we have received is e-mails from yourself concerning draft orders. Do you have evidence of service of Harris Scarfe?

PN3

MR RAIMONDO: Yes, certainly, your Honour. I will tender that.

PN4

THE SENIOR DEPUTY PRESIDENT: Thank you.

EXHIBIT #SDA1 EVIDENCE OF SERVICE DOCUMENT

PN5

THE SENIOR DEPUTY PRESIDENT: It is evidence of an updated order forwarded on 18/6 and of the original service on 8/6, is that correct?

PN6

MR RAIMONDO: That is correct, your Honour.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, very well, go ahead, Mr Raimondo.

PN8

MR RAIMONDO: Thank you, your Honour. The application before the Commission today is an application to vary the Harris Scarfe Limited Employees Award 2003 in accordance with the safety net decision PR002004. The application seeks in particular to increase the wages and allowances in accordance with the decision. A copy of the draft order and application has been sent to the respondents to the award and as I have tabled before.

PN9

The application we believe is consistent with the principles set out in the Full Bench decision PR002004 and in particular I draw your attention, your Honour, to principle 8E and inserting the particular clause into the award and as per principle 8D, give our commitment to that principle. Your Honour, we would seek to have this application as per the draft order effective from 1 May 2005 and if there are any further questions, your Honour.

PN10

THE SENIOR DEPUTY PRESIDENT: 1 May is 12 months beyond the last adjustment which I approved in PR934205. Very well, thank you for that.

PN11

MR RAIMONDO: Thank you.

PN12

THE SENIOR DEPUTY PRESIDENT: This is an application by the Shop, Distributive and Allied Employees' Association to vary the Harris Scarfe Limited Employees Award 2003 to give effect to the safety net review May 2004 decision, print P002004. Having regard to exhibit SDA1, I am satisfied that the union has served on the employer a notice of the listing and draft order. Having regard to the terms of the draft order sought, I am satisfied that it properly gives effect to the safety net review wages May 2004 decision in that it adjusts rates in accordance with the decision and in addition, the first aid allowance.

PN13

The required absorption provision has been included in the order and the order will have effect 12 months beyond the last adjustment. The order shall come into force from the first pay period commencing on or after 1 May 2005. Given the service on Harris Scarfe recently of the amended order, notwithstanding the fact that the amendment was very minor, I will take steps through my Associate to ensure that there is no issue in respect to the particular terms of the order. If there is, then obviously I will be in contact with the union. If there is not, then I will then issue the order in the terms attached to exhibit SDA1. I will adjourn that matter.

ADJOURNED INDEFINITELY [11.08am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #SDA1 EVIDENCE OF SERVICE DOCUMENT PN5