C2004/3429, Transcript of Proceedings [2004] AIRCTrans 2777 (20 July 2004)

AUSCRIPT PTY LTD
(Administrator Appointed)
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Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N 7813

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

C2004/3429
C2004/3445

GROCERY PRODUCTS MANUFACTURE -
MANUFACTURING GROCERS AWARD 2003

GROCERY PRODUCTS MANUFACTURE -
WHOLESALE GROCERS AWARD 1999

Application under section 113 of the Act
by National Union of Workers to vary
above awards re the Redundancy Test Case -
March 2004 Decision (PR032004) and the
Safety Net Review - Wages May 2004 Decision
(PR002004)

MELBOURNE

2.04 PM, THURSDAY, 1 JULY 2004

PN1

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

PN2

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Maas. You have no objection to dealing with these first two at the same time?

PN3

MR MAAS: No.

PN4

THE SENIOR DEPUTY PRESIDENT: I have received a facsimile from the Australian Industry Group in respect to each matter, indicating that they have checked the draft order and don't oppose the variation in the terms as sought by the union, so if you proceed with the matter.

PN5

MR MAAS: Thank you, your Honour. This is an application by the National Union of Workers to vary the Grocery Products Manufacture - Manufacturing Grocers Award and the Grocery Products Manufacture - Wholesale Grocers Award pursuant to section 113 of the Act and to accord with the redundancy case decision and the redundancy case supplementary decision, both of which were issued earlier this year. If I may tender a draft order and a slightly amended draft order.

EXHIBIT #NUW1 DRAFT ORDER GROCERY PRODUCTS MANUFACTURE - MANUFACTURING GROCERS AWARD

EXHIBIT #NUW2 DRAFT ORDER GROCERY PRODUCTS MANUFACTURE - WHOLESALE GROCERS AWARD

PN6

MR MAAS: Thanks, your Honour. If I might deal with exhibit NUW2 and the slight amendment is at clause 15.3.1. The error has been underlined and it was merely an incorrect reference to a clause number. That has now been corrected. I believe in the previous draft it read 16.1. It now reads 15.1.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, thank you.

PN8

MR MAAS: Your Honour, a copy of the application, the variation, the notice of listing and the draft orders have been served on the employers respondent to these awards and if not, then on the employer organisations. There should appear on the Commission's files in these two matters an affidavit of service which attests to this sworn by Charlie Donnelly who is the General Secretary of the National Union of Workers.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, there does. Thank you.

PN10

MR MAAS: Thank you. Your Honour, the draft orders before you contain new clauses which are consistent with the two decisions. These include a new redundancy disputes procedure clause, an updated redundancy clause which defines small employers, amended redundancy severance pay scales for employees of small employers and 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. Your Honour, it is our submission that the draft orders are both consistent with the redundancy case decision and the redundancy case supplementary decision and we seek that our applications to vary these awards be granted on the terms sought. Unless you have any questions, that concludes our submission.

PN11

THE SENIOR DEPUTY PRESIDENT: No. Thank you, Mr Maas. The draft orders do appear to be in accordance with the relevant decisions of the Full Bench and the applications for amendments to the awards will be granted. They will come into effect from today and shall remain in force for a period of three months. Orders to that effect will be issued as soon as possible and forwarded to the parties. Is there anything else for the record?

PN12

MR MAAS: No. Thank you.

PN13

THE SENIOR DEPUTY PRESIDENT: Thank you. Those two matters will be adjourned on that basis and the Commission will adjourn until 2.30.

ADJOURNED INDEFINITELY [2.09pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #NUW1 DRAFT ORDER GROCERY PRODUCTS MANUFACTURE - MANUFACTURING GROCERS AWARD PN6
EXHIBIT #NUW2 DRAFT ORDER GROCERY PRODUCTS MANUFACTURE - WHOLESALE GROCERS AWARD PN6