C2004/246, Transcript of Proceedings [2004] AIRCTrans 3694 (17 September 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 8425

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C2004/246

TRANSPORT WORKERS (REFUSE,
RECYCLING AND WASTE
MANAGEMENT - ACT) AWARD 2004

Application under section 113 of the Act
by Transport Workers Union of Australia
to vary the above award to more accurately
reflect the work of employees, to
modernise the language of the award and
remove ambiguities

MELBOURNE

10.00 AM, WEDNESDAY, 8 SEPTEMBER 2004

PN1

THE COMMISSIONER: Yes, thank you. Before I take the appearances, the Commission has received correspondence about this matter from a Ms Hancock, on behalf of Brambles Industries Limited, which says they apologise for not being able to attend. They consent to the application before the Commission. They see no reason why the matter should not be agreed to. I will take the appearances.

PN2

MS H. RYALL: I appear for the Transport Workers Union.

PN3

THE COMMISSIONER: Yes, Ms Ryall. Thank you.

PN4

MS RYALL: Commissioner, this is an application to vary the Transport Workers (Refuse Recycling and Waste Management ACT) Award 2004. Copies of the application draft order and hearing notice were sent by facsimile to the parties listed on the substituted service order on 24 August, and I have a statement of service and draft orders for the Commission's file.

PN5

THE COMMISSIONER: Thank you. They will be marked as a parcel as A1.

EXHIBIT #A1 STATEMENT OF SERVICE AND DRAFT ORDERS

PN6

THE COMMISSIONER: Yes, Ms Ryall.

PN7

MS RYALL: Commissioner, the draft order is not unlike - the alteration is not unlike a variation that you did to the parent award of this award, that award being the Transport Workers (Refuse Recycling and Waste Management) Award 2001. What the draft order seeks to do is to expand the definition of sanitary to include sewerage, to update the waste collection treatment handling disposable facility attendant to incorporate the work of a domestic offsider, so there is only one definition of that type of work and it also clarifies that the allowance under clause 16.1.4 should be paid for work involving sanitary waste.

PN8

The union submits that these matters are allowable under section 89A of the Act, and is also consistent with the objects of part IV and section 88A. We have served on - this matter on the ACT Chamber and Australian Business Lawyers who aren't here today. However we will say that they weren't involved in the simplification of this award earlier in the year, so that could explain - and they also don't - we are doubtful that they have an interest in this particular type of sanitary work, so that could explain why they are not here. We seek an operative date of today's date and those are the submissions of the union, Commissioner.

PN9

THE COMMISSIONER: Yes, thank you. Well, the Commission is content that the application before it meets the requirements of the Act and the matters contained therein are allowable matters. Accordingly, the Transport Workers (Refuse Recycling and Waste Management ACT) Award 2004, is varied in the terms of the draft order before the Commission. The order will come into effect from today's date and remain in force for a period of 6 months. That is all that needs to be said. The matter is adjourned. Thank you.

ADJOURNED INDEFINITELY [10.06am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 STATEMENT OF SERVICE AND DRAFT ORDERS PN6