C2004/3562, Transcript of Proceedings [2004] AIRCTrans 2564 (9 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)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 7624

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C2004/3562

TECHNICAL SERVICES PROFESSIONAL
ENGINEERS (GENERAL INDUSTRIES)
AWARD 1998

Application under section 113 of the Act
by the Association of Professional Engineers,
Scientists and Managers, Australia to vary the
above award re Safety Net Review - Wages May 2004

MELBOURNE

10.25 AM, TUESDAY, 29 JUNE 2004

PN1

THE SENIOR DEPUTY PRESIDENT: Yes, I will take the appearances.

PN2

MR M. BUTLER: If the Commission pleases, I appear for the Association of Professional Engineers, Scientists and Managers, Australia.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN4

MR J. MORLEY: If the Commission pleases, I seek leave to appear on behalf of employer member respondent, Australian Business Industrial.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Morley, leave is granted.

PN6

MR P. EBERHARD: If the Commission pleases, I appear for the Victorian Chamber of Commerce and Industry.

PN7

MS L. PASCALIS: If the Commission pleases, I appear for the Australian Industry Group.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Yes, Mr Butler.

PN9

MR BUTLER: If the Commission pleases. First of all I draw to the Commission's attention a copy of statement of service that should be on the file.

PN10

THE SENIOR DEPUTY PRESIDENT: The statement of service together with the documents that accompany it will be exhibit APESMA1.

EXHIBIT #APESMA1 STATEMENT OF SERVICE AND ACCOMPANYING DOCUMENTS

PN11

MR BUTLER: And if I could table the draft order.

PN12

THE SENIOR DEPUTY PRESIDENT: The draft order will be exhibit APESMA2.

EXHIBIT #APESMA2 DRAFT ORDER

PN13

THE SENIOR DEPUTY PRESIDENT: I can indicate that there is a letter from employers first indicating non opposition provided the union gives the requisite undertaking. I will mark that document as R1.

EXHIBIT #R1 LETTER FROM EMPLOYERS

PN14

THE SENIOR DEPUTY PRESIDENT: Have you seen that Mr Butler? Do you want to see it?

PN15

MR BUTLER: Yes, yes I have, your Honour. And just following on from that, the association makes a commitment in accordance with the principles and the proposed operative date is 3 July 2004 which will be 12 months since the last variation.

PN16

THE SENIOR DEPUTY PRESIDENT: Mr Morley.

PN17

MR MORLEY: We have reviewed the draft order and would not object to the making of the order in the terms sought by the order. If the Commission - - -

PN18

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Eberhard.

PN19

MR EBERHARD: We would be in the same position, your Honour.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes. Ms Pascalis.

PN21

MS PASCALIS: Your Honour, the Australian Industry Group is also not opposed to the draft order.

PN22

THE SENIOR DEPUTY PRESIDENT: Could you all have a look at the level 4 Professional Engineer classification please where the annual salary is to be 52,826. My associate, who never makes a mistake, added $988 to the award rate of $51,858 and came up with $52,846; is that right? Or has she made a mistake?

PN23

MR BUTLER: I haven't got my calculator here but - - -

PN24

THE SENIOR DEPUTY PRESIDENT: Try the old fashioned way, Mr Butler. I will give you a moment.

PN25

MR BUTLER: Your Honour, could I just ask what was the current rate?

PN26

THE SENIOR DEPUTY PRESIDENT: 51,858 I am told. I don't have it in front of me. I am sure she checked.

PN27

MR BUTLER: Yes, I will have to concur with your associate, your Honour.

PN28

THE SENIOR DEPUTY PRESIDENT: Are you short-changing your members by $20 a year.

PN29

MR BUTLER: Yes, yes, it is an indictment on myself personally, yes.

PN30

THE SENIOR DEPUTY PRESIDENT: You had better off her a job, Mr Butler. Do the employers agree with the calculation, do you?

PN31

MR MORLEY: I agree with the calculations, your Honour.

PN32

MS PASCALIS: Yes.

PN33

THE SENIOR DEPUTY PRESIDENT: Yes. So we will make the level 4 Professional Engineer 52,846, shall we? If I don't hear any dissent, the award will be varied in the terms of exhibit APESMA2 save that the rate for the level 4 Professional Engineer will be 52,846. It will operate from 3 July 2004. Thank you, adjourn the Commission.

ADJOURNED INDEFINITELY [10.28am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #APESMA1 STATEMENT OF SERVICE AND ACCOMPANYING DOCUMENTS PN11
EXHIBIT #APESMA2 DRAFT ORDER PN13
EXHIBIT #R1 LETTER FROM EMPLOYERS PN14