C2004/195, Transcript of Proceedings [2004] AIRCTrans 3315 (25 August 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 8191

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT HARRISON

C2004/195, 198, 199, 200,
205, 206, 208, 212

L.P. GAS INDUSTRY AWARD 2002

TRANSPORT WORKERS (TASMANIAN GAS
INDUSTRY) AWARD 2002

ACT FUNERAL INDUSTRY AWARD 2002

TRANSPORT WORKERS (L.P. GAS INDUSTRY)
AWARD 2002

COMDAIN GAS AWARD 2002

LIQUEFIED PETROLEUM GAS INDUSTRY
AWARD 1998

TRANSPORT WORKERS (SWAN TRANSIT)
AWARD 2002

WESFARMERS KLEENHEAT GAS PTY LTD
TRANSPORT WORKERS AWARD 200

Application under section 113 of
the Act by Transport Workers Union
of Australia to vary the above awards

MELBOURNE

11.47 AM, THURSDAY, 12 AUGUST 2004

PN1

MS A. RICHARDS: I appear on behalf of the Transport Workers Union in all the matters listed.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, thanks, Ms Richards. There is no appearance on behalf of any of the employers here in Melbourne. Might I indicate in matter 195 of 2004, the application to vary the L.P. Gas Industry Award 2002, I have received correspondence from L Gas, dated 10 August 2004, advising that a representative of that company had met with you, Ms Richards, could not be represented today but consented to the order being varied in the terms as sought by your union. I have received no other correspondence from any other respondents or employers in relation to the various awards that have now been called on. Ms Richards.

PN3

MS RICHARDS: If the Commission pleases. This is an application by the Transport Workers Union to vary the L.P. Gas Industry Award 2002, the Transport Workers (Tasmanian Gas Industry) Award 2002, the ACT Funeral Industry Award 2002, the Transport Workers (L.P. Gas Industry) Award 2002, the Comdain Gas Award 2002, the Liquefied Petroleum Gas Industry Award 1998, the Transport Workers (Swan Transit) Award 2000 and Wesfarmers Kleenheat Gas Pty Ltd Transport Workers Award 2000. What I propose to do if the Commission pleases is hand up a statement as to service and draft orders for the Commission's files in respect of all these matters. Your Honour in these matters the draft order handed up is identical to the draft order served on the respondents and reflected in the facsimile - - -

[11.50am]

PN4

THE SENIOR DEPUTY PRESIDENT: I think what I will do in these matters is place on the relevant file the statement as to service prepared by you. It bears - the statement bears various dates between the 27th and 30 July depending on which file it will be placed on. I won't mark that statement as to service and I think what I will do is mark the bundle of variations sought in each of the awards that are now being dealt with together as TW1. But I suspect for the purposes of the file we will place on that file only the order that relates to it and perhaps cross reference it to the fact that order was part of the bundle TW1.

EXHIBIT #TW1 BUNDLE OF VARIATIONS SOUGHT IN EACH OF THE AWARDS

PN5

THE SENIOR DEPUTY PRESIDENT: Ms Richards?

PN6

MS RICHARDS: Thank you. If the Commission pleases the granting of the application as reflected in the draft orders would serve to implement one aspect of the Full Bench decision with respect to public holidays. I refer to prints L4534, L7799, L7971 and L9178 and these decisions have collectively been regarded as test case decisions within the meaning of the statement of principles. As the Commission in print L9178 has held that Christmas Day should be regarded differently from other days which are subject to substitution there is an additional provision for where Christmas Day falls on a Saturday or Sunday and the 27 December is therefore the substitute day in lieu for most workers.

PN7

Then full time workers who are regularly rostered to work on a Saturday or Sunday and who are required to work on 25 December shall receive the Saturday or Sunday payment as appropriate plus a loading of half a normal days wages for a full days work and the employee will also be entitled to the benefits of the substituted public holiday. The additional sentence we are seeking to insert in all of these matters is identical to the variation to the Transport Workers 1998 Award which was handed down by Commissioner Gay in print S1735.

PN8

In respect of the Transport Workers Tasmanian Gas Industry Award 2002 matter, C2004/1998, we are additionally seeking to insert here today to provide for substituted public holidays in the event that Christmas Day, Boxing Day, New Years Day or Australia Day fall on a Saturday or a Sunday. And additionally in matter C2004/2008 those same substituted public holidays and I again repeat, Christmas Day, Boxing Day, New Years Day or Australia Day fall on a Saturday or a Sunday.

PN9

THE SENIOR DEPUTY PRESIDENT: I don't know that I completely absorbed the implications of that. Is that to bring the award up to date in other respects with other awards or is it seeking to do something else?

PN10

MS RICHARDS: That is correct, your Honour, what I am seeking to do is bring all the awards up to the same standard. With some awards I need to vary them in a different manner to others, so in respect of those two awards, we are seeking to insert the substituted public holidays of all those provisions.

PN11

THE SENIOR DEPUTY PRESIDENT: And that was clearly reflected in the draft order you have - - -

PN12

MS RICHARDS: Correct, your Honour.

PN13

THE SENIOR DEPUTY PRESIDENT: - - - already served. Yes, I understand.

PN14

MS RICHARDS: Additionally in the ACT Funeral Industry Award 2002, matter C2004/1998, we are seeking to insert a substituted Australia Day. That provision has been left out in the current award so we are seeking to insert that provision. We are seeking an operative date of 12 August 2004 in respect of all the draft orders, if the Commission pleases.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes, thanks, Ms Richards. Based on those submissions I am persuaded that the variations to each of the awards that have now been called on and now have been dealt with by me should be made, and in each case an order in the terms of the draft that is contained within the bundle in TW1, will issue. In each case the order varying the relevant award will come into force from the first pay period on or after today, 12 August 2004 and remain in force for a period of six months. Anything else we need to do this morning, Ms Richards?

PN16

MS RICHARDS: No, your Honour.

PN17

THE SENIOR DEPUTY PRESIDENT: The Commission now adjourns.

ADJOURNED INDEFINITELY [11.56am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #TW1 BUNDLE OF VARIATIONS SOUGHT IN EACH OF THE AWARDS PN5