C2003/6866, Transcript of Proceedings [2004] AIRCTrans 249 (9 January 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 8585
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT CARTWRIGHT

C2003/6866

ENTERTAINMENT AND BROADCASTING INDUSTRY -
PERFORMING ARTS CENTRES' AWARD 2001

Application under section 113 of the Act
by Media, Entertainment and Arts Alliance
to vary the above award re safety net review
- wages May 2003

SYDNEY

10.11 AM, TUESDAY, 23 DECEMBER 2003

PN1

THE SENIOR DEPUTY PRESIDENT: Even though we're doing a series of these this morning, for the record, we do have to go through the appearances again, so I wonder if you'd indulge us.

PN2

MS M. HRYCE: Senior Deputy President Cartwright, I appear for the Media Entertainment and Arts Alliance.

PN3

MR D. HAMILTON: If your Honour pleases, I am from the Australian Entertainment Industry Association appearing for the Victorian Arts Centre Trust, the Geelong Performing Arts Centre and the Adelaide Festival Centre Trust.

PN4

THE SENIOR DEPUTY PRESIDENT: Thank you. Ms Hryce?

PN5

MS HRYCE: The matter before you, Senior Deputy President, the Media Entertainment and Arts Alliance is seeking to vary the Performing Arts Centres' Award 2001 to increase the rates of pay and allowances in accordance with the principles of the Safety Net Review Wages May 2003 Case. The application was filed with the Commission on 13 December and served to a number of parties via fax on the 16th of the 12th, 2003 and I'd like to hand up copies of evidence of that. Thank you.

PN6

THE SENIOR DEPUTY PRESIDENT: I just note that these are copies of faxed transmissions. It's not necessarily evidence that the fax is received, is it?

PN7

MS HRYCE: The last page, Senior Deputy President, should have the faxed transmission sheet on the back of them.

PN8

THE SENIOR DEPUTY PRESIDENT: Thank you. So it's the first and last pages that are the operative ones.

PN9

MS HRYCE: Yes.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes, carry on.

PN11

MS HRYCE: Senior Deputy President, following service of the applications Mr Hamilton from the AEIA and I have communicated regarding the application before you and following communication we've agreed to vary the order before you. So I would like to hand up a copy of the varied order if I may.

PN12

THE SENIOR DEPUTY PRESIDENT: Do these go to the issues raised by the Arts Centre in a fax sent to the Commission yesterday?

PN13

MS HRYCE: Senior Deputy President, I understand that Mr Hamilton wishes to present that to you in his discussion.

PN14

THE SENIOR DEPUTY PRESIDENT: Thanks.

PN15

MS HRYCE: Senior Deputy President, we're seeking to vary the award in accordance with the principles of the Wages 2003 Safety Net Adjustment Case and say that it meets the principles of - the variation would meet the principles of the case. Thank you.

PN16

THE SENIOR DEPUTY PRESIDENT: Mr Hamilton?

PN17

MR HAMILTON: Your Honour would have received a letter from Mr Noel Hughes. Unfortunately I had left the office before I received a copy of that letter but I do know the contents of that letter.

PN18

THE SENIOR DEPUTY PRESIDENT: So both of you had received this letter.

PN19

MR HAMILTON: I'm sorry?

PN20

THE SENIOR DEPUTY PRESIDENT: Both of you - well sorry, you say it's in your office, so you hadn't actually seen it. Ms Hryce, had you received a copy of the fax as well?

PN21

MS HRYCE: No, but I am aware of the contents. I've had some discussions with Mr Hamilton this morning.

PN22

THE SENIOR DEPUTY PRESIDENT: Carry on Mr Hamilton.

PN23

MR HAMILTON: Thank you, your Honour. The draft that has been handed up to you by Ms Hryce will have to be varied again. If I take you to the first page, your Honour, above your title I think that it's ticketing agencies on your copy. It should be - - -

PN24

THE SENIOR DEPUTY PRESIDENT: Sorry, whereabouts?

PN25

MR HAMILTON: Above - - -

PN26

THE SENIOR DEPUTY PRESIDENT: Yes, okay.

PN27

MR HAMILTON: That will be changed to entertainment employees and also on the last page at the bottom of the page it should be Senior Deputy President not Commission and I apologise, your Honour. I was trying to draft an order and I was cutting and pasting and I missed that, your Honour. Also taking you to that last page and to the matters raised by the Victorian Arts Centre and they - - -

PN28

THE SENIOR DEPUTY PRESIDENT: Just before you get to the last page, can I ask is the operative clause - there's reference right at the beginning - in paragraph 2 it says:

PN29

By deleting clause 18.1.5 -

PN30

Then we go over to the second page, 18.2, and it refers in 4 to:

PN31

By deleting the table in clause 18.5.1 and inserting the following.

PN32

Is that the right sequence of numbers at that second point?

PN33

MR HAMILTON: You're probably correct, your Honour. I probably was using the 2002 Safety Net order and I think that was - yes, it was the sequence but in the amended draft order that we'll present to the Commission we will fix that numbering up to run consequentially.

PN34

THE SENIOR DEPUTY PRESIDENT: So above the table 18.5.1 is correctly 18.1.5.

PN35

MR HAMILTON: You could well be correct, your Honour.

PN36

THE SENIOR DEPUTY PRESIDENT: I noted that's how the Arts Centre referred to it in their fax.

PN37

MR HAMILTON: Yes, it should be 18.5.1, the table, that's correct, your Honour.

PN38

THE SENIOR DEPUTY PRESIDENT: 18.5.1 as stated as opposed to 18.1.5?

PN39

MR HAMILTON: That's correct, your Honour.

PN40

THE SENIOR DEPUTY PRESIDENT: So the Arts Centre fax was the one that was wrong?

PN41

MS HRYCE: Yes.

PN42

THE SENIOR DEPUTY PRESIDENT: Thanks. Sorry, Mr Hamilton, you were on the last page, 4.

PN43

MR HAMILTON: Yes, your Honour. Now taking you to the matters that will be deleted out of this draft order, if I take you to paragraph 8, your Honour, and I think that is clause 21.4. That is an allowance with regard to special uniforms or more unusual uniforms and it is the parties submission that that allowance should be increased by work value and not by the Glass Manufacturers as prescribed in the principles. So therefore that will be taken out. Similarly with paragraph 9, 21.5, which is the appearance on stage allowance, should be a work value allowance and the parties will endeavour to work out an appropriate increase at a later time.

PN44

Similarly with paragraphs 12 and 13, in clauses 21.10.1 and 21.10.2, those allowances are shift allowances payable to plant operators and those allowances should be increased by work value not by the Glass Manufacturers. This award will also be varied 12 months from the last adjustment and that date will be 19 March 2004 and the undertakings given by the union with regard to absorption are there and taking those amendments into consideration we would suggest, your Honour, that the parties be given seven days to produce a clean and proper draft order and that we have no objection to the increases as prescribed in the amended draft order.

PN45

THE SENIOR DEPUTY PRESIDENT: Given the operative date you could have considerably more than seven days, couldn't you?

PN46

MR HAMILTON: This is true, your Honour. It may be more appropriate if it could be a bit more than that. I'll be on leave until 12 January myself so maybe in the week following that we might be able to provide the Commission with an electronic version of the draft order. If the Commission pleases.

PN47

THE SENIOR DEPUTY PRESIDENT: Right, Ms Hryce anything you would like to say on Mr Hamilton's proposal.

PN48

MS HRYCE: No Senior Deputy President I an supportive of Mr Hamilton's discussions. We unfortunately didn't have an opportunity to consider those issues of the allowances this morning so I would be very pleased to work with him to present you with the consent order in that format.

PN49

THE SENIOR DEPUTY PRESIDENT: Well look I'm really in your hands given the operative date, it is a case of what's going to be the most convenient way to proceed. Would taking some time allow you to deal with the outstanding issues, or is it simpler just to deal with the order with those things excluded.

PN50

MR HAMILTON: Your Honour obviously it won't take much time to delete those provisions that we are deleting. The rates contained in the draft order have been checked and are correct and just those amendments to typographical amendments shouldn't take long as well.

PN51

THE SENIOR DEPUTY PRESIDENT: So when would you like to do it by? Given that there is no rush and that you are going to be on leave what is the sensible date?

PN52

MR HAMILTON: About 16 January your Honour would suit my timetable. I think the 12th is the Monday so that gives us a few days back from leave. And also I will need to liaise with the respondent's to the award about the detail of that draft order as well.

PN53

THE SENIOR DEPUTY PRESIDENT: I think 23 January is the Friday before the long weekend isn't it?

PN54

MR HAMILTON: Yes that does ring a bell.

PN55

THE SENIOR DEPUTY PRESIDENT: If you've got to liaise why don't we say that you will provide the electronic copy of the agreed draft order by 23 January?

PN56

MR HAMILTON: Thank you your Honour.

PN57

THE SENIOR DEPUTY PRESIDENT: And any order issued following that would take effect from 19 March 2004.

PN58

MR HAMILTON: Thank you your Honour.

PN59

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, that is entirely appropriate in the circumstances. We'll adjourn that one. I make it clear that subject to the order, the Commission is happy to grant the application.

PN60

MS HRYCE: Thank you.

ADJOURNED INDEFINITELY [10.25am]