C2004/5520, Transcript of Proceedings [2004] AIRCTrans 3642 (14 September 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 13500

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT HARRISON

C2004/5520

ROSS MINING GOLD MINE AWARD 2000

Application under section 113 of the Act
by The Australian Workers' Union to vary
the above award re safety net review - wages
May 2003 and allowances

SYDNEY

10.15 AM, FRIDAY, 3 SEPTEMBER 2004

PN1

THE SENIOR DEPUTY PRESIDENT: May I have appearances in this matter?

PN2

MR G. BEARD: I appear on behalf of the Australian Workers Union.

PN3

THE SENIOR DEPUTY PRESIDENT: Mr Beard.

PN4

MR BEARD: Your Honour the application is to vary the award in accordance with the safety net decision of May 2003 and correspondence in regard to today's hearing, a copy of the application, a draft order and allowance schedule were forwarded through to Australian Mines and Metals on 23 August. In the past Australian Mines and Metals has made appearances on behalf of the single company respondent to this award. However, I was advised by Mr Ian Turner from Mines and Metals in Brisbane this morning that the gold mine has in fact closed down and that Mines and Metals do not at this stage represent the company that has ownership of the mine.

PN5

This particular situation is fairly common in the mining industry especially the gold areas where depending on the gold price mines will open and close depending on the whims of the boards. So in regard to this particular matter your Honour whilst the union has advised Mines and Metals I'm not sure if we have actually advised the proper party.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes I understand.

PN7

MR BEARD: I would like to process the matter just to maintain the award as up to date as possible in case at some stage in the future the mine does reopen and there is an appropriate up to date award.

PN8

THE SENIOR DEPUTY PRESIDENT: What would you like to do?

PN9

MR BEARD: So I would ask that the draft order that the union has prepared for this particular matter be subject to an order from the Commission with an operative date from the first pay period commencing on or after 21 September which is 12 months from the 2002 award.

PN10

THE SENIOR DEPUTY PRESIDENT: Do you have a registered address for Ross Mining?

PN11

MR BEARD: Unfortunately I don't and Mines and Metals are also unaware of -

PN12

THE SENIOR DEPUTY PRESIDENT: And so presumably one may physically go to where the mine operations previously were carried out but would be unlikely to find an office or a person to hand a piece of paper to.

PN13

MR BEARD: That's correct.

PN14

THE SENIOR DEPUTY PRESIDENT: Well give me the order and I'll think about what I can do about it. But presumably unless the company that operated the mine no longer exists it is probably obliged to have some registered office and what I had in mind is providing a copy of the order you now tender and giving notice to the secretary, or the person at that office, that an order in these terms will issue unless advice to the contrary is given within say seven days.

PN15

MR BEARD: I appreciate that your Honour.

PN16

THE SENIOR DEPUTY PRESIDENT: So maybe what you and my associate may be able to do is just ascertain what the registered address, principal place of business, accountants might be, so that we can use that address for the purposes of sending this order.

PN17

MR BEARD: Thank you your Honour.

PN18

THE SENIOR DEPUTY PRESIDENT: But if we do that in the next few days and give them seven days from the date of providing them that, 21 September, the operative date, should be able to be met.

PN19

MR BEARD: Again I think it is purely administrative because no one is actually going covered to be by it however - - -

PN20

THE SENIOR DEPUTY PRESIDENT: I understand, indeed, all right. I have no difficulty with the desire as along as an award is still operative even though there may be no current employees covered by it, having it maintained as a relevant and proper safety net. I have no problem with that.

PN21

MR BEARD: Thank you your Honour.

PN22

THE SENIOR DEPUTY PRESIDENT: So I'll mark the draft order that you seek AWU1.

EXHIBIT #AWU1 DRAFT ORDER

PN23

THE SENIOR DEPUTY PRESIDENT: And the methodology used for varying the allowances AWU2.

EXHIBIT #AWU2 METHODOLOGY USED FOR VARYING THE ALLOWANCES

PN24

THE SENIOR DEPUTY PRESIDENT: Probably both documents would be forwarded to this address that we will identify but of course it is the draft order AWU1 that I'd be giving them seven days to let me know why an order in those terms should not issue.

PN25

MR BEARD: Yes thank you your Honour. As I said the draft seeks to vary the award in regard to the May 2003 safety net review decision. Wage rates have been increased by $17.00 in accordance with that decision and those increases will be absorbed in to a new overall payments as specified in the safety net decision. The allowances have been increased in accordance with the appropriate principles contained within the safety net principles and I believe AWU2 clearly sets out the justification and the method of calculation of those increases.

PN26

You will note again your Honour that the variation seeks an operative date to come into force from the first pay period commencing on or after 21 September and will remain in force for a period of six months. That prospective date your Honour is again consistent with the safety net review decision in that it will be 12 months since the award was varied for the safety net review decision of May 2002 and that was recorded at PR938127. Accordingly your Honour we appreciate the process you've put on transcript and believe an order will be issued in due course. If it please the court.

PN27

THE SENIOR DEPUTY PRESIDENT: Yes well the next step taken by the Commission will be those I've previously outlined and assuming no advice is provided that might persuade me to not issue the order sought it is likely that an order in terms of exhibit AWU1 will issue. That order varying the award will come into operation from the first pay period on or after 21 September 2004 and remain in force for a period of six months.

ADJOURNED INDEFINITELY [10.25am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AWU1 DRAFT ORDER PN23
EXHIBIT #AWU2 METHODOLOGY USED FOR VARYING THE ALLOWANCES PN24