C2004/3461, Transcript of Proceedings [2004] AIRCTrans 2803 (20 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 7815

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

C2004/3461

PET FOOD MANUFACTURING INDUSTRY -
VICTORIA AND SOUTH AUSTRALIA -
AWARD 1998

Application under section 113 of the Act
by 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

2.28 PM, THURSDAY, 1 JULY 2004

PN1

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

PN2

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes, Mr Maas, there doesn't appear to be any other appearance. I can indicate that I have received correspondence or a facsimile from the AIG which is in the same terms as before which indicates its inability to be present or represented here today, but doesn't oppose a variation in the terms as sought by the union.

PN3

MR MAAS: Thanks, your Honour. Your Honour, this is an application by the National Union of Workers to vary the Pet Food Manufacturing Industry - Victoria and South Australia - Award to be in line with the redundancy case decision and the redundancy case supplementary decision that was issued earlier this year and also pursuant to section 113 of the Act. If I may tender a draft order.

EXHIBIT #NUW1 DRAFT ORDER

PN4

MR MAAS: Your Honour, the draft order, NUW1, has been served on the parties, on the respondent employer parties, together with the notice of listing and a copy of our application for variation and an affidavit of service attesting to this should appear on the Commission's files. It has been sworn by Charlie Donnelly, the general secretary of the National Union of Workers.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, I have that. Thank you.

PN6

MR MAAS: The draft order before you, your Honour, contains 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, an amended redundancy severance pay scale 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 which replaces the previous termination of employment clause. It is our submission, your Honour, that the draft order is consistent with the two decisions and we would seek that our application to vary this award should be granted on the terms sought and that concludes our submission, unless you have any questions, your Honour.

PN7

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Maas. Everything appears to be in order in relation to this application and I am satisfied an order should be issued in the terms of exhibit NUW1. An order therefore will be issued in those terms as soon as possible. It will operate from today's date and remain in force for a period of three months. The matter is adjourned on that basis. The Commission itself is adjourned.

ADJOURNED INDEFINITELY [2.32pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #NUW1 DRAFT ORDER PN4