C2004/1098, Transcript of Proceedings [2004] AIRCTrans 3410 (31 August 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 2135

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMPTON

C2004/1098

RETAIL, WHOLESALE AND DISTRIBUTIVE
EMPLOYEES (NT) AWARD 2000

Application under section 113 of the Act
by the Shop, Distributive and Allied
Employees Association to vary the above
award re Safety Net Review May 2004 - Wages

ADELAIDE

2.45 PM, FRIDAY, 20 AUGUST 2004

PN1

MR D. BLAIRS: I appear on behalf of the SDA union.

PN2

MS B. ROBERTS: I am from the Chamber of Commerce, Northern Territory.

PN3

THE DEPUTY PRESIDENT: Yes, Mr Blairs?

PN4

MR BLAIRS: Deputy President, today, we are seeking variation to the Retail, Wholesale and Distributive Employees (NT) Award 2000, for the arbitrated safety net increase and other consequential variations pursuant to the Federal wage case of May 2004. Now, a summons and draft order were lodged at the Commission via fax on or about 30 July, and a copy was sent to the Northern Territory Chamber of Commerce and I believe a subsequent copy was emailed up there approximately a week ago. There is no variation to the draft orders that were initially lodged and they are the same as the orders that I sent up to the Northern Territory about a week ago. You should have a copy of these draft orders?

PN5

THE DEPUTY PRESIDENT: Yes, well, I have got the draft orders that were filed with the original summons.

PN6

MR BLAIRS: I understand that there is no change to those draft orders.

PN7

THE DEPUTY PRESIDENT: Do I take it from what you are implying, Mr Blairs, that there was another version at some stage?

PN8

MR BLAIRS: There was another version that was initially sent up to the Northern Territory and some amendments were made to that and as I understand it, the amended copy is the copy that you have in front of you at the moment.

PN9

THE DEPUTY PRESIDENT: Is there a quick way of determining that?

PN10

MR BLAIRS: Look, I checked with Tania, before, and I think the only differences were in the meal allowance and also the vehicle allowance and a thought that occurred to me only just as I was coming in here, was that there was actually intended to be no amendment to the vehicle allowance in this period, so it has been included in the draft orders, however, thinking it through logically, which I hadn't done previously, was that I don't think there is any point in actually having clause 5, included, because, as I understand it, there is no variation to those allowances.

PN11

THE DEPUTY PRESIDENT: So the rates that are in clause 5, of the variation, are the same as the current award?

PN12

MR BLAIRS: That is correct. The CPI for vehicle allowances over the previous 12 months in the Northern Territory, hasn't increased and consequently, there should be no increase in the vehicle allowance payable.

PN13

THE DEPUTY PRESIDENT: Look, on that context, I think it would probably be easier and clearer if there were no variation at all.

PN14

MR BLAIRS: No, so I will put a late submission forward to actually strike that variation from the draft orders, which is listed as, variation number 5, as long as the Northern Territory Chamber of Commerce was in agreeance?

PN15

THE DEPUTY PRESIDENT: Certainly.

PN16

MR BLAIRS: The remainder of the orders though, basically, seek to increase the Retail Worker Grade 3, by $19, and Retail Workers Grade 1 and 2, proportionately, which are a percentage of that Retail Worker Grade 3. They also seek to increase the meal allowance by the CPI for the Northern Territory which, as I understand it, was 2.96 per cent, and the freezer and first aid allowances have been increased by 3.5 per cent, which is the percentage increase of the key classification, which I have taken to be an adult Retail Worker Grade 3. The only other amendments were an increase in the supported wage minimum, which was increased to $61, which, as I understand it, is in line with the current supported wage provisions.

PN17

Now, further to this, the SDA, gives a commitment that they will accept the absorption of the safety net adjustments to the extent of any equivalent amount in rates of pay which are above the wage rates prescribed in this award. Finally, we seek that these pay increases take effect from the first pay period on or after 30 August, 2004, which is 12 months since the previous increase.

PN18

THE DEPUTY PRESIDENT: Ms Roberts?

PN19

MS ROBERTS: Thank you, your Honour. As Dave, from SDA, has pointed out, there has been a couple of draft orders floating around but I am happy with the amendments that he has made today and consent to the order.

PN20

THE DEPUTY PRESIDENT: So you are happy with the deletion of variation 5, on the basis as outlined?

PN21

MS ROBERTS: Yes, I am.

PN22

THE DEPUTY PRESIDENT: And the operative date?

PN23

MS ROBERTS: Yes, that is fine. 30 August, today's date. I mean, not today's date, but 30 August, represents that date.

PN24

THE DEPUTY PRESIDENT: I understand completely, thank you. Anything further, Mr Blairs?

PN25

MR BLAIRS: Nothing further, your Honour.

PN26

THE DEPUTY PRESIDENT: Good, all right. Firstly, I indicate that leave is granted to amend the application with respect to the draft orders and in particular, by deleting what is a variation number 5, concerning existing clause 18, the vehicle allowance. Leave is granted for reasons which have been outlined by Mr Blairs, and accepted by Ms Roberts. I think, in the circumstances, whilst in one sense, there would be no damage done, if it is merely the same figure, it might create some confusion if we were to insert what purports to be a variation in that context. Having done that, then there was a subsequent - sorry, consequential renumbering of the other amendments, in light of that move.

PN27

Secondly, I indicate that I am satisfied that the application, as amended, should be granted. It is clearly in accordance with the relevant principles, both as to the adoption of the safety net wage adjustment and the way that it has been applied, but also, the adjustment of the allowances and in particular, those that are cost related and those related to the key classification. So in the circumstances, I confirm that the Commission will grant the application as amended. Orders will be settled by this arm of the Commission and issued as soon as possible. Those orders will give effect to the application and the decision I have just announced. The variation will take effect from the first pay period commencing on or after 30 August, 2004, and the variation will have a nominal life of 3 months therefrom.

PN28

A copy of the variations will, of course, be forwarded to both parties in the normal way. Mr Blairs, if you could do my office the courtesy of supplying an electronic version of the variations, that will help us to undertake that task relatively quickly. Lastly, I wish the parties well for the future and have a good weekend.

ADJOURNED INDEFINITELY [2.55pm]