C2004/201, Transcript of Proceedings [2004] AIRCTrans 3553 (7 September 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 11048

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2004/201

TRANSPORT WORKERS (NORTHERN
TERRITORY) BARGE DEPOTS AWARD
2002

Application under section 113 of the Act
by the Transport Workers' Union of
Australia to vary the above award re
public holidays

MELBOURNE

10.02 AM, FRIDAY, 27 AUGUST 2004

THESE PROCEEDINGS WERE CONDUCTED BY VIDEO CONFERENCE AND RECORDED IN MELBOURNE

PN1

MS A. RICHARDS: I appear for the Transport Workers' Union of Australia.

PN2

MS B. ROBERTS: I appear for the Chamber of Commerce, Northern Territory.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, Ms Richards?

PN4

MS RICHARDS: Your Honour, this is an application by the Transport Workers' Union to vary the Transport Workers (Northern Territory) Barge Depots Award 2002. Copies of the application, draft order and hearing notice were sent by facsimile to the award respondents on 13 August. I have a statement as to service and a draft order in this matter to hand up for the Commission's files.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you.

EXHIBIT #TWU1 STATEMENT OF SERVICE

EXHIBIT #TWU2 DRAFT ORDER

PN6

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN7

MS RICHARDS: The granting of the application as reflected in the draft order was served to implement one aspect of the Full Bench decisions with respect to public holidays. I quote prints L43, sorry, correction, L4534, L7799, L7971 and L9178 and these decisions have collectively been regarded as the test case decision within the meanings of the statement of principles. As the Commission 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.

PN8

And therefore 27 December is the substituted day in lieu for most workers. Then full time workers who are regularly rostered to work on a Saturday or a 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 day's wages for a full day's work. And the employee will also be entitled to the benefits of the substituted public holiday. The additional sentence we are seeking to insert is identical to the variation to the Transport Workers' 1998 Award which was handed down by Commissioner Gay in print S1735. I have a copy of that decision to hand up if the Commission requires.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you. Yes, I will not mark it. It is a print of the Commission.

PN10

MS RICHARDS: We are seeking an operative date of 27 August 2004. If the Commission pleases.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you for that Ms Richards. Ms Roberts?

PN12

MS ROBERTS: Thank you, your Honour. We have received the draft order and as it is in accordance with the Full Bench test case on public holidays we consent to the draft order. Thank you.

PN13

THE SENIOR DEPUTY PRESIDENT: Very well. Thank you, Ms Roberts. This is an application by the Transport Workers' Union of Australia to vary the Transport Workers (Northern Territory) Barge Depots Award 2002 to give effect to one aspect of the Full Bench public holiday decisions in various print numbers listed in the grounds in support of the application. The Northern Territory Chamber through Ms Roberts acknowledges service by way of substituted service and on behalf of its members does not oppose the variation to it.

PN14

I am satisfied that the variation does give effect to one element of the test case in a manner consistent with its application in other transport worker's awards of the Commission and in particular major award Transport Workers' Award 1998. I will vary the award in the terms of exhibit TWU2. The order shall come into force in the beginning of the first pay period to commence on or after 27 August 2004 and shall remain in force for a period of six months.

ADJOURNED INDEFINITELY [10.07am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #TWU1 STATEMENT OF SERVICE PN6
EXHIBIT #TWU2 DRAFT ORDER PN6