C2004/3478, Transcript of Proceedings [2004] AIRCTrans 2552 (8 July 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 7367

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2004/3478

STORAGE SERVICES MISCELLANEOUS
STORES AWARD 2001

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

10.30 AM, FRIDAY, 4 JUNE 2004

PN1

MS A. PARKES: I appear for the National Union of Workers.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. There are no employer appearances this morning however I do have on file a copy of a statement of service executed by Mr Donnelly of the Union which provides evidence of provision of a notice of listing application and draft order to each of the eight employer respondents by way of letter of 17 May 2004. So I am satisfied that each of the employer respondents has been properly served with notice of the proceedings and has had an opportunity to appear. Yes, Ms Parkes?

EXHIBIT #NUW1 STATEMENT OF SERVICE

PN3

MS PARKES: If the Commission pleases, your Honour, if I could just seek to tender an order that the NUW is seeking to happen today?

EXHIBIT #NUW2 ORDER

PN4

MS PARKES: Your Honour, the NUW submits that the terms of NUW2 is consistent with the Safety Net Review - Wages May 2004 decision found at print 002004. We submit that the wages in the draft order have been increased by $19 per week, that the draft order includes the required commitment to absorption, that the draft order seeks to come into effect from the first full pay period to commence on or after 5 June 2004, being a 12 month anniversary from the 2003 safety net adjustments and that the allowances in the draft order have been varied either in accordance with the relevant CPI factor or in relation to the work related allowances consistent with the furnishing and glass industries allowances decision.

PN5

Your Honour, we submit that it is appropriate that the order be granted in the terms of exhibit NUW2 and we would note that in relation to the redundancy aspect of our application, that we would seek to settle that part of the application once the final orders have been settled. If the Commission pleases.

PN6

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Parkes. This is an application by the National Union of Workers to vary the Safety Net Review - Wages May 2004 - I am sorry, to vary the Storage Services Miscellaneous Stores Award 2001 in respect of the Safety Net Review - Wages May 2004 decision, print PR002004 and the redundancy test case March 2004 decision in print PR032004. In the absence of an order arising from the redundancy test case decision at this time, the NUW does not seek to progress that element of the application at this stage.

PN7

That element of the application will be adjourned and brought back on when an order arises from that decision. In respect to the safety net review element of the application, I am satisfied that the draft order provided in the form of exhibit NUW2 properly gives effect to the safety net review decision. In respect to wages, allowances included in the order of a absorption commitment and in respect to the operative date proposed, which is 12 months beyond the last adjustment made by Mr Commissioner Eames in print PR299 - I am sorry, PR932685. Accordingly, I will vary the order in the form sought by the NUW. The order shall come into force on the first full pay period to commence on or after 5 June 2004 and 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 #NUW1 STATEMENT OF SERVICE PN3
EXHIBIT #NUW2 ORDER PN4