C2004/3473, Transcript of Proceedings [2004] AIRCTrans 2550 (8 July 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 7419

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2004/3473

STORAGE SERVICES - WAREHOUSING - AWARD 1999

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

10.33 AM, WEDNESDAY, 9 JUNE 2004

PN1

MR G. MAAS: I appear on behalf of the National Union of Workers.

PN2

MR D. NORTH: I appear on behalf of Linfox Australia.

PN3

THE SENIOR DEPUTY PRESIDENT: I would indicate that I have on the record an affidavit of service executed by Mr Donnelly for the union, attesting to service by registered post of the notice of listing, application and draft order on each of the five employer respondents to the award. I would also indicate that I have received and will mark exhibit B1, a copy of correspondence from Megan Carisse, HR officer, Brambles, indicating that that company will not be able to be represented today and which also indicates that Brambles Australia Limited consents to the application in the terms of the order sought by the union.

EXHIBIT #NUW1 AFFIDAVIT OF SERVICE

EXHIBIT #B1 CORRESPONDENCE FROM BRAMBLES AUSTRALIA LIMITED

PN4

THE SENIOR DEPUTY PRESIDENT: Mr Maas.

PN5

MR MAAS: Thanks, your Honour. I might just tender a copy of the draft order for the record, which I believe you have before you.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes.

EXHIBIT #NUW2 DRAFT ORDER

PN7

MR MAAS: Your Honour, this is an application by the National Union of Workers to vary the award known as the Storage Services - Warehousing Award - 1999 pursuant to section 113 of the Workplace Relations Act and in accordance with the safety net review decision of this year. The draft order before you contains wages and allowances which have been varied in accordance with that decision. Weekly wages have been increased by a figure of $19. Allowances have been varied either in accordance with the formula in the Furnishing, Glass Industries Decision or by what we say is the appropriate CPI indicator. A clause giving the required commitment to absorption of the increase to wages has always been incorporated in the draft order.

PN8

Your Honour, the union confirms 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 the date which is sought in the draft order for this order to come into force, that date being 14 June 2004. We further submit that the draft order is consistent with the principles expressed by the Full Bench of the Commission in the Safety Net Review Wages May 2004 decision and we would seek that the application to vary the award be granted on the terms sought. Your Honour, in respect of the redundancy provisions which we also made application to vary, today we seek to adjourn that part of the proceedings off until we have a chance to put the draft order together and to serve it on the parties. If the Commission pleases.

PN9

THE SENIOR DEPUTY PRESIDENT: Thank you very much. Mr North.

PN10

MR NORTH: Thank you, your Honour. Having had the opportunity to view the draft provided by the NUW in respect of wages and allowances being varied in the award, we have no objection to that draft and similarly in respect of the application to vary the award in accordance with the redundancy test case we would certainly support the application to have that part of the application adjourned. If the Commission pleases.

PN11

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr North. This is an application by the National Union of Workers to vary the Storage Services - Warehousing - Award 1999 in respect of the Redundancy Test Case Decision (PR032004) and Safety Net Review - Wages May 2004 Decision (PR002004). In respect to the Redundancy Test Case the NUW has sought the adjournment of that element of the application, an application supported by Linfox. I will adjourn that element of the application. It will be relisted upon the request of the union and subject to service, leave to the parties with advice of notice of listing and draft order sought.

PN12

In respect of the Safety Net Review - Wages element of the application the draft order sought in exhibit NUW2 is not opposed by Linfox and is consented to by Brambles Australia Limited. I am satisfied that each of the other employer respondents has been properly served with notice of listing, the application and draft order. I am further satisfied that the draft order in exhibit NUW2 properly gives effect to the Safety Net Review Decision. Accordingly, I will vary the award in the terms of exhibit NUW2. The order shall come into force from the first full pay period to commence on or after 14 June 2004 and shall remain in force for a period of six months. I will now adjourn this matter and relist it at the request of the union. Thank you.

ADJOURNED INDEFINITELY [10.38am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #NUW1 AFFIDAVIT OF SERVICE PN4
EXHIBIT #B1 CORRESPONDENCE FROM BRAMBLES AUSTRALIA LIMITED PN4
EXHIBIT #NUW2 DRAFT ORDER PN7