C2004/6084, Transcript of Proceedings [2004] AIRCTrans 4072 (22 October 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 14218

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT HARRISON

C2004/6084

ENTERTAINMENT AND BROADCASTING INDUSTRY -
THEATRE MANAGERS - CINEMA - AWARD 1998

Application under section 113 of the Act
by the Theatre Managers' Association to
vary the above award re the Safety Net
Review - Wages - May 2004

SYDNEY

10.15 AM, TUESDAY, 12 OCTOBER 2004

PN1

MR T. WEIDNER: I appear as advocate for the Theatre Managers' Association, the TMA. I have with me MR R. CALLAGHAN, Secretary of the TMA, together with G. ZANTAS, an official of the TMA in this application currently before the Commission in respect of varying the Entertainment and Broadcasting Industry Managers - Cinema - Award.

PN2

MR D. HAMILTON: If the Commission pleases, I represent the Australian Entertainment Industry Association.

PN3

MR M. COOPER: I appear for the respondent members of Employers First.

PN4

MR WEIDNER: Your Honour, the application in respect to the variation of the award is attached as annexure A to the TMAs application, and we are seeking that the award variation before you be varied in terms of the document in which there are some minor alterations from a last minute conference with both the employer's representatives, Employers First, and the AEIA, represented by Mr Hamilton. If I could take your Honour to the last page of the attachment, annexure A, there are some minor alterations to the figures in respect to clause 18.8 which deals with Zone Managers' additional allowance.

PN5

It currently reads in the application that the scheduled first allowance in the clause dealing with the amount, and that is currently in the document, as $33.33. I ask the Commission's leave to amend that amount to $31.99. The second alteration is in respect to the same zone allowance which is in the second schedule which currently reads in the document $22.40. We ask leave to amend that amount to $22.41. The third and final alteration is the one which deals with the maximum allowance per week in the first schedule which reads "$200". This should be amended to read $191.95.

PN6

The remaining zone allowance amount that is in the document is $134.45. There is no alteration to that amount so we ask the leave of the Commission to make those amendments to the three zone allowances in that clause 18.8, and we ask that the variation operate from the first pay period on or after 12 October. As I understand it, the rest of these rates of pay and allowances are agreed with the parties present at the hearing today. After conferences, it was resolved that the amendments I'm putting forward to the Commission are also by consent, if it please the Commission.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, thanks, Mr Weidner. Mr Hamilton?

PN8

MR HAMILTON: Thank you, your Honour. Your Honour, this application is in accordance with the 2004 safety net review PR2004. Mr Weidner has - we have discussed the amendments that he is seeking to the schedule in clause 18.8, being the Zone Managers' allowances, and we agree with the submissions put by Mr Weidner. The operative date is 12 months from the last safety net adjustment and, in the circumstances, we have no objection for the application to be granted from today's date, if the Commission pleases.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Mr Cooper?

PN10

MR COOPER: Thank you, your Honour. Employers First has had the opportunity to review the application, and the amendments made to the application on record today. We are satisfied that the application complies with the requirements of the Full Bench decision in the safety net review - 2004, and the requirements of the Act, and consent to the award being varied effective from the first full pay period to commence on or after today's date.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, thanks. I will mark the copy of the order sought, which is currently on the file and identified as annexure A.

EXHIBIT #TMA1 ORDER SOUGHT

PN12

THE SENIOR DEPUTY PRESIDENT: I have incorporated into that exhibit the amendments to it identified by Mr Weidner as clause 18.8. Based on the submissions that have been made, an order varying the awards in those terms will issue. The order will come into force from the first period on or after today's date - I'm sorry, Mr Weidner, have I jumped the gun there?

PN13

MR WEIDNER: No, that is quite - - -

PN14

THE SENIOR DEPUTY PRESIDENT: It is all right. I thought I might have said something that - - -

PN15

MR WEIDNER: No, no.

PN16

THE SENIOR DEPUTY PRESIDENT: All right. Will come into force on or after today's date, 12 October, and remain in force for a period of 6 months. We will have the order prepared, signed, sealed, and copies provided to the parties. Anything further we need to do this morning.

PN17

MR WEIDNER: No, your Honour.

PN18

THE SENIOR DEPUTY PRESIDENT: The Commission now adjourns.

ADJOURNED INDEFINITELY [10.21am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #TMA1 ORDER SOUGHT PN12