C2004/3914, Transcript of Proceedings [2004] AIRCTrans 2667 (14 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 10952

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

C2004/3914
C2004/3920

TRANSPORT WORKERS (BREWERIES)
CONSOLIDATED AWARD 1987

TRANSPORT WORKERS (CATERAIR
AIRPORT SERVICES) AWARD 1999

Applications under section 113 of the Act by
Transport Workers Union of Australia to vary
the above awards re Safety Net Review - Wages
May 2004

MELBOURNE

10.02 AM, FRIDAY, 2 JULY 2004

PN1

MS H. RYALL: I appear on behalf of the Transport Workers' Union in this matter.

PN2

THE DEPUTY PRESIDENT: Thanks, Ms Ryall, go ahead.

PN3

MS RYALL: Your Honour, these are applications by the Transport Workers' Union to vary the Transport Workers (Breweries) Consolidated Award 1987 and the Transport Workers (Caterair Airport Services) Award 1999 to take into account the arbitrated safety net adjustment arising from the Safety Net Review - Wages May 2004 decision in print PR002004. Copies of the application, draft order and hearing notice were sent by registered post or facsimile to the parties showed on the orders of substituted service on 18 June this year and I have the statement of service and draft orders for the Commission's file.

PN4

THE DEPUTY PRESIDENT: That is for both matters, is it, Ms Ryall?

PN5

MS RYALL: That is right.

PN6

THE DEPUTY PRESIDENT: Yes.

EXHIBIT #TWU1 STATEMENT OF SERVICE IN RESPECT OF MATTER 2004/3920

EXHIBIT #TWU2 DRAFT ORDER IN RESPECT OF MATTER 2004/3920

EXHIBIT #TWU1 STATEMENT OF SERVICE IN RESPECT OF MATTER 2004/3914

EXHIBIT #TWU2 DRAFT ORDER IN RESPECT OF MATTER 2004/3914

PN7

THE DEPUTY PRESIDENT: Yes, go ahead, Ms Ryall.

PN8

MS RYALL: In relation to both the draft orders, work related allowances have been adjusted in accordance with principle 5 of the Commission's statement of principles in the Safety Net Review decision and expense related allowances have been adjusted by increasing them by the consumer price index since they were last adjusted. The union gives the commitment required in principle 8(d) as to the absorption of the safety net adjustment in each draft order. However, in the Caterair Airport Services Award I am not sure if you have received correspondence from Qantas; however, the draft order we served on them had a couple of small errors.

PN9

THE DEPUTY PRESIDENT: Yes, I think there is correspondence on the file.

PN10

MS RYALL: The draft order handed up has corrected those errors.

PN11

THE DEPUTY PRESIDENT: So TWU - - -

PN12

MS RYALL: One.

PN13

THE DEPUTY PRESIDENT: - - - one - sorry, TWU2 it would be in respect of Caterair - - -

PN14

MS RYALL: Sorry.

PN15

THE DEPUTY PRESIDENT: Yes.

PN16

MS RYALL: That is right.

PN17

THE DEPUTY PRESIDENT: That is a corrected draft order.

PN18

MS RYALL: That is right. The corrections are at point 4 of the draft order in relation to clause 25.4 which should now read, I believe, 9.52, $9.52 in the final figure.

PN19

THE DEPUTY PRESIDENT: Right.

PN20

MS RYALL: And at point 7 the clauses listed refer to 21.10.1 and 21.10.2, whereas they should actually refer to clause 25.10.1 and 25.10.2.

PN21

THE DEPUTY PRESIDENT: So as far as you are aware, Ms Ryall, you are now in agreement with the respondent employer regarding the content of the draft order, is that correct?

PN22

MS RYALL: That is correct. I discussed it with Lizette Bogal of Qantas last night and sent her a copy of the corrected draft order.

PN23

THE DEPUTY PRESIDENT: Yes. Is the same - have you had any contact in respect of the other matter, C2004/3914, with respect to the content of that draft?

PN24

MS RYALL: In respect of the draft order, Linfox actually called us last night and asked us to apologise for their non-attendance today. They have requested seven days to confirm the calculations, and we agreed to that provided it doesn't affect the operative date that we seek which is today, 2 July.

PN25

THE DEPUTY PRESIDENT: Yes. Why specifically did they want seven days, Ms Ryall, did they say? I have had no such request from them.

PN26

MS RYALL: I am not sure why they weren't able to attend and I am not sure why they wanted seven days specifically, that is just the request that they put to us.

PN27

THE DEPUTY PRESIDENT: So they have requested that that request from them come via you to the Commission, is that correct or?

PN28

MS RYALL: That is correct.

PN29

THE DEPUTY PRESIDENT: Yes. Yes, I am not sure whether the calculations necessary should require seven days to check. In any event, is there anything further, Ms Ryall?

PN30

MS RYALL: No, your Honour, only that the operative dates of both draft orders be of today's date.

PN31

THE DEPUTY PRESIDENT: Yes, thanks, Ms Ryall. Yes, subject to a check on the calculations by my chambers, the Transport Workers (Caterair Airport Services) Award 1999 will be varied in accordance with the draft provided by the union and marked TWU2. The order varying the award will come into operation from the beginning of the first pay period to commence on or after today's date, which is 2 July, and remain in force for a period of six months. In respect of the Transport Workers - I am sorry - that was the one that was agreed upon wasn't it, that was the - the Caterair was agreed upon with Qantas, yes?

PN32

MS RYALL: That is correct.

PN33

THE DEPUTY PRESIDENT: Yes, in respect of the Transport Workers (Breweries) Consolidated Award 1987, I note the request from the respondent employer for a period of time to check the calculations. In the circumstances I think an adequate period of time would be until close of business on Monday - which is what date - 5, yes, Monday, 5 July. My chambers will also conduct a check into the calculations within that draft provided by the union. Subject to providing that period of time to the respondent employer, and subject to the check by my chambers on the calculations, then the Transport Workers (Breweries) Consolidated Award 1987 will be varied in accordance with the draft provided by the union and marked as TWU2.

PN34

The order varying the award will come into operation from the first - from the beginning of the first pay period which commenced on or after 2 July and remain in force for a period of six months. The matter is adjourned thank you.

ADJOURNED INDEFINITELY [10.10am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #TWU1 STATEMENT OF SERVICE IN RESPECT OF MATTER 2004/3920 PN7
EXHIBIT #TWU2 DRAFT ORDER IN RESPECT OF MATTER 2004/3920 PN7
EXHIBIT #TWU1 STATEMENT OF SERVICE IN RESPECT OF MATTER 2004/3914 PN7
EXHIBIT #TWU2 DRAFT ORDER IN RESPECT OF MATTER 2004/3914 PN7