C2004/3449, Transcript of Proceedings [2004] AIRCTrans 2576 (9 July 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 7644

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2004/3449

MANUFACTURING CHEMISTS AWARD 1998

Application under section 113 of the Act
by the National Union of Workers to vary
the above award re Redundancy Test Case -
March 2004 Decision and the Safety Net
Review - Wages May 2004 Decision

MELBOURNE

11.37 AM, TUESDAY, 29 JUNE 2004

Continued from 9.6.04

PN31

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

PN32

MS K. RICHARDS: I appear for the Victorian Employers Chamber of Commerce and Industry.

PN33

MS J. WATLING: I appear for the Australian Industry Group.

PN34

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Watling. Yes, I note there is on the file a statement of service executed by Mr Donnelly.

EXHIBIT #NUW3 STATEMENT OF SERVICE EXECUTED BY MR DONNELLY WHICH ATTESTS TO SERVICE OF NOTICE OF HEARING AND DRAFT ORDERS UPON AIG AND VECCI

PN35

THE SENIOR DEPUTY PRESIDENT: Mr Maas.

PN36

MR MAAS: Yes, thanks, your Honour. This is an application by the National Union of Workers to vary the Manufacturing Chemists Award pursuant to section 113 of the Act and in accordance with the redundancy test case decisions issued earlier this year by the Commission. I believe you have a copy of the draft order before you?

PN37

THE SENIOR DEPUTY PRESIDENT: Yes.

EXHIBIT #NUW4 DRAFT ORDER

PN38

MR MAAS: Your Honour, exhibit NUW4 contains new clauses which are consistent with the decision, these include a new redundancy disputes procedure clause, an updated redundancy clause which defines small employers, and amended redundancy severance pay scale for employees of small employers, and also one for those other than small employers, a prospective service clause with respect to redundancy entitlements for an employee of a small employer and a new notice of termination clause replacing the previous termination of employment clause.

PN39

It is our submission, your Honour, that the draft order in exhibit NUW 4 is consistent with the redundancy test case decisions and we would request that the application to vary the awards be granted on the terms in which we seek. If the Commission pleases.

PN40

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Maas. Yes, Ms Richards.

PN41

MS RICHARDS: Thank you, your Honour. VECCI received the draft order and the notice of listing from the National Union of Workers on 24 June 2004. We have had the opportunity to review the draft order in the terms sought by the National Union of Workers and we have no opposition to the award varied in the terms sought by the union.

PN42

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Richards.

PN43

MS RICHARDS: Thank you.

PN44

THE SENIOR DEPUTY PRESIDENT: Ms Watling.

PN45

MS WATLING: Thank you, your Honour. The Australian Industry Group has received the draft order served by the union, we have checked the draft order marked exhibit NUW4 and do not oppose the variation in the terms sought, if the Commission pleases.

PN46

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Watling. This is an application by the NUW to vary the Manufacturing Chemists Award 1998. I am satisfied that service has been properly effected by way of substituted service as ordered by the Commission. The AIG and VECCI appear and have indicated they have had an opportunity to consider the draft order and do not object to the variation in the terms sought. I am satisfied that the draft order in exhibit NUW4 properly gives effect to the test case decision and accordingly I will vary the award in the terms of exhibit NUW4. The order shall come into force on 29 June 2004 and shall remain in force for a period of three months.

ADJOURNED INDEFINITELY [11.40am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #NUW3 STATEMENT OF SERVICE EXECUTED BY MR DONNELLY WHICH ATTESTS TO SERVICE OF NOTICE OF HEARING AND DRAFT ORDERS UPON AIG AND VECCI PN35
EXHIBIT #NUW4 DRAFT ORDER PN38