C2003/6774, Transcript of Proceedings [2004] AIRCTrans 352 (23 January 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 8821

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DUNCAN

C2003/6774

AIRLINE OPERATIONS - CLERICAL AND
ADMINISTRATIVE AWARD 1999

Application under section 113 of the Act
by Australian Municipal, Administrative,
Clerical and Services Union re safety net
review - wages - May 2002 decision, May 2003
decision and increase - supported wage
system decision

SYDNEY

3.18 PM, FRIDAY, 16 JANUARY 2004

THESE PROCEEDINGS WERE CONDUCTED BY VIDEO CONFERENCE IN SYDNEY

PN1

THE SENIOR DEPUTY PRESIDENT: Could I have appearances please?

PN2

MR K. HARVEY: I appear in this matter on behalf of the Australian Services Union.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Harvey. What's the position?

PN4

MR HARVEY: The position is similar but slightly different with regard to this application, your Honour. This award has been varied for the 2001 safety net adjustment but not for the 2002 and 2003 safety net, so the application is designed to give effect to those two safety nets. The other slight difference with this, your Honour, is that this award applies to more respondents than simply to Ansett Australia, although Ansett is the only or was, depending on their current status, the only major airline still respondent to the award. All the others have ceased or merged or what have you, but there is one other organisation that is respondent and that is a non-airline or non-air transport company which goes by the acronym of SITA which, if you'll pardon my French, your Honour, stands for the Societe Internationale de Telecommunications Aeronautique.

PN5

It is an international sort of global airlines reservations company and has for a long time been respondent to this award and therefore whether or not Ansett employs anybody under the terms of this award is uncertain but SITA certainly will and we have sent all the relevant documents to SITA although I understand there is no appearance from the company this afternoon and I'm not sure whether they've written to the Commission.

PN6

I would also indicate to your Honour that as with the previous matter a declaration of service in this matter has been prepared and made by Linda White, the assistant national secretary of the Australian Services Union dated 8 January 2004 and appropriately witnessed which indicates that she is the assistant national secretary of the union and authorised to make the declaration and that on 24 December 2003 a letter, the notice of listing and a copy of the application to vary were sent by facsimile to the executive officer of SITA and to Ansett Australia (In Administration).

PN7

The full document which I undertake to file in the Commission, your Honour, all those documents are attached and I indicate that they went to both SITA and KordaMentha and further that on 8 January of this year a letter, a draft order, plus our calculation sheets, again copies of which are attached to the full statement or declaration, were sent to the two organisations which are the effective respondents to the award at the present time. As I indicated earlier, your Honour, there are two safety nets outstanding with regard to this award and there is an operative date of 12 months which does need to be met which I believe is 29 January in this case, but we would ask that those two outstanding safety nets be applied in this award and again in line with principles 3 and 8(c). We again indicate that the calculations as to wages in this award and the allowances have been made in accordance with the principles set down by the National Wage Full Bench.

PN8

I also note in the draft order that there is also a variation to the supported wage system rate in accordance with a decision of the Commission issued on 4 July 2003 in print 933936 increasing the amount of the supported wage in clause 20.3.2 from $56 to $60. The absorption clause is provided in the draft order and we ask, as I said, your Honour, for the order to be operative from 29 January 2003 which I believe is the 12 month anniversary of the last variation which was in fact for the 2001 rates but given that there is if not consent at least no objection from either KordaMentha or SITA we would ask that the Commission's discretion be again exercised in this matter and that the variation as set out in the draft order submitted to the Commission and to the respondents be made. If the Commission pleases.

PN9

THE SENIOR DEPUTY PRESIDENT: This is an application by the ASU for the application to the Airline Operations - Clerical and Administrative Award 1999 of the safety net review decisions in May 2002 and May 2003. I am satisfied that service has been effected on the relevant respondents and in the case of KordaMentha, the administrators of Ansett Australia, consent has been forthcoming to the variation that is sought. All of the formal requirements of the Full Bench decision have been met except that one might take the view that as this application seeks to cover two safety net adjustments it's necessary for the variation to be by consent.

PN10

I think the most usual way this can be handled, Mr Harvey, is if I issue a direction to the ASU that it advise SITA that - and forward again a copy of the draft order - advise SITA that if yourself or the Commission is not advised by 14 days after the letter is served that SITA has an objection to the variation it will be assumed that SITA has consented to the variation and it will go ahead.

PN11

MR HARVEY: Yes, thank you, your Honour.

PN12

THE SENIOR DEPUTY PRESIDENT: It will take effect as you've said on 29 January. That's clearly established in the records of the Commission as being the appropriate day. If SITA takes objection well of course the matter will be relisted and will be dealt with on that occasion.

ADJOURNED INDEFINITELY [3.26pm]