C2004/3948, Transcript of Proceedings [2004] AIRCTrans 2437 (30 June 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 7529

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2004/3948

TRANSPORT WORKERS' (NORTHERN
TERRITORY PUBLIC SECTOR)
AWARD 2002

Application under section 113 of the Act
by Transport Workers' Union of Australia
to vary award as per Safety Net Review
- Wages May 2004

MELBOURNE

10.28 AM, MONDAY, 21 JUNE 2004

THESE PROCEEDINGS WERE CONDUCTED BY
VIDEO LINK AND RECORDED IN MELBOURNE

PN1

MS H. RYALL: I appear on behalf of the Transport Workers' Union.

PN2

MS L. BLAIR: I appear on behalf of the Commissioner for Public Employment.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, Ms Ryall.

PN4

MS RYALL: Your Honour, this is an application by the Transport Workers' Union to vary the Transport Workers' (Northern Territory Public Sector) Award 2002 to take into account the arbitrated safety net adjustment arising from the Safety Net Review - Wages May 2004 decision in print PR002004. Copies of the application, draft order and hearing notice were sent by registered post to the parties on 16 June and I have a statement of service and draft orders for the Commission's file.

PN5

THE SENIOR DEPUTY PRESIDENT: Thank you.

EXHIBIT #TWU1 STATEMENT OF SERVICE

EXHIBIT #TWU2 DRAFT ORDER

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, Ms Ryall.

PN7

MS RYALL: Your Honour, work related allowances in this matter 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 consumer price index since the time they were last adjusted. The union gives the commitment required in principle 8(d) as to the absorption of the safety net adjustment and we seek an operative date for the orders that are made of 23 June which is 12 months since the award was last varied for safety net increases. Thank you.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Ms Blair.

PN9

MS BLAIR: Thank you, your Honour. We did receive the draft order late last week. I haven't had an opportunity to check the figures. We certainly have no objection to the award being varied by the Safety Net Review and have no objection either to the date of application but would appreciate seven or 14 days to just check the figures. If your Honour pleases.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Is seven days sufficient?

PN11

MS BLAIR: Yes, your Honour.

PN12

THE SENIOR DEPUTY PRESIDENT: Without affecting the operative date. Yes, very well, thank you for that. This is an application by the Transport Workers' Union of Australia to vary the Transport Workers' (Northern Territory Public Sector) Award 2002 to give effect to the Safety Net Review - Wages May 2004 decision in print PR2004. I am satisfied that the TWU has effected service as required having regard to TWU1. The Commissioner for Public Employment has appeared and does not oppose the variation, nor the operative date but has sought and been granted a period of seven days in which to check the rates and allowances within the order.

PN13

In that respect, Ms Blair, if you could advise my office and the TWU of the outcome of that check, that is if there are no issues arising. Alternatively if there are, if they can be brought to my attention and the TWUs attention. I am satisfied that - subject to checking of the order by the Commissioner's office I am satisfied that the order properly gives effect to the Safety Net Review decision. The order contains the required commitments to absorption and seeks to operate some 12 months from the last adjustment in PR933360.

PN14

Subject to the checking of the order by the Commissioner's office, I will vary the award with effect from the first pay period commencing on or after 23 June 2004. The order shall remain in force for a period of six months. I will now adjourn that matter.

ADJOURNED INDEFINITELY [10.35am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #TWU1 STATEMENT OF SERVICE PN6
EXHIBIT #TWU2 DRAFT ORDER PN6