C2004/1109, Transcript of Proceedings [2004] AIRCTrans 3698 (17 September 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 2208

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT CALLAGHAN

C2004/1109

GLASS INDUSTRY - GLASS MERCHANTS AND
GLAZING CONTRACTORS - SOUTH AUSTRALIA
AWARD 1998

Application under section 113 of the Act
by the Construction, Forestry, Mining and
Energy Union to vary the above award re
supported wage system - July 2004 and
allowances

ADELAIDE

2.35 PM, WEDNESDAY, 8 SEPTEMBER 2004

PN1

MS E. SIAMI: I appear for the CFMEU.

PN2

MR R. ELSON: I appear on behalf of Business SA.

PN3

THE SENIOR DEPUTY PRESIDENT: I can advise the parties, this matter was also initially listed for an E-Hearing on 2 September. As of that date, I had not received any advice from an organisation representing a respondent employer organisation in accordance with that E-Hearing procedure and as a result, the matter has been listed for hearing today. Ms Siami?

PN4

MS SIAMI: Thank you, your Honour. The Glass Industry - Glass Merchants and Glazing Contractors - General South Australian Award 1997, currently has supported wage minimum amounts payable of $60 per week. In line with the recent test case of the Full Bench, the union seeks to increase this level to $61 per week, which is the amount of income a person receiving disability support pension can receive before the pension is reduced. In relation to the expense related allowances, this application seeks to vary the meal money, the insurance and tool allowance and the laundry allowance, and in relation to those, the tool allowance and the meal money are expense related allowances.

PN5

The meal money allowance was last correctly varied by Commissioner Cribb, print P0450, with an operative date of first pay period commencing on or after 9 December 1996. Unfortunately, this allowance has recently been varied by the safety net adjustments, however, this application seeks to rectify this by taking it back to the last time it was correctly varied by CPI, and increasing it from there to today. The tool allowance - sorry, the tool insurance, was also last varied by Commissioner Cribb, and that was print P0451, with the same operative date of 9 December 1996. Also, like the meal money, this has been incorrectly altered by the safety net adjustment and similarly, this application seeks to rectify that by taking it to the time it was last varied and applying the increase from that date.

PN6

The tool allowance in this award was last varied, apart from the incorrect safety net adjustments, by Commissioner Lewin, in R9058, and that was in relation to the allowable matters, I think - I believe, and that had an operative date of 12 March 1999. Again, it has been varied more recently by the safety net adjustments but we submit that that was an error. In relation to the laundry allowance, which formed point 6, of the draft order, it is included, as it was taken off this year's safety net application, on the mistaken understanding that it was an expense related allowance.

PN7

Through looking at the history of this award for this application and looking at the past expense related allowances, it was apparent that in fact, it has been treated as a work related allowance through the history of this award and as such, the union seeks to increase it by 3.5 per cent, which was the amount the allowances were varied by in the safety net order of this year, which was an order of yourself, your Honour, of 29 June, and that was PR948474. The union seeks - - -

PN8

THE SENIOR DEPUTY PRESIDENT: What was that percentage increase?

PN9

MS SIAMI: It was 3.5 per cent. The union seeks that this award be varied in the terms of the draft order, with an operative date of the first pay period commencing on or after today's date. If it pleases, nothing further, your Honour.

PN10

THE SENIOR DEPUTY PRESIDENT: 3.5 per cent, moves $6.09 to $6.30, does it?

PN11

MS SIAMI: Yes, your Honour, I believe so. Yes, your Honour, my friend has just confirmed that for me.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Thank you, Ms Siami. Mr Elson?

PN13

MR ELSON: Thank you, Senior Deputy President. Business SA consents on the application on the basis that the expense related allowances have been varied consistent with the current federal wage case principles and the supported wage, consistent with the recent test case decision. We note the union's commitment to absorption as required and provided for by the principles and your Honour, we have had an opportunity to examine the rates for the expense related, supported wage and increase to one further work related allowances contained in the order. If the Commission pleases, we have indicated to the union of our consent to the rates and also apologise, as it was remiss of us not to notify the Commission of our consent. Additionally, Business SA supports the operative date, being from the first pay period to commence on or after 8 September 2004, today's date.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Elson. I will make the order in the terms of the draft order provided to the Commission on 1 September. That order will operate from the first pay period to commence on or after today and will continue in force for a period of 6 months. The order will be forwarded out to the parties within the next few days. I will adjourn the matter on that basis.

ADJOURNED INDEFINITELY [2.43pm]