C2004/4781, Transcript of Proceedings [2004] AIRCTrans 4371 (12 November 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 8931

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2004/4781

APPLICATION FOR A COMMON
RULE AWARD

Application under section 141 of the Act
by Shop, Distributive and Allied Employees
Association for a common rule award

MELBOURNE

10.07 AM, WEDNESDAY, 3 NOVEMBER 2004

PN1

MR M. GALBRAITH. I appear on behalf of the SDA.

PN2

MR P. EBERHARD: I appear on behalf of the Victorian Employers Chamber of Commerce and Industry.

PN3

MR M. WELDON: I appear on behalf of the Australian Retailers Association of Victoria.

PN4

THE SENIOR DEPUTY PRESIDENT: Very well, we might deal with that matter first, Mr Galbraith.

PN5

MR GALBRAITH: Your Honour, thank you for listing this matter. Mr Ryan sends his apologies; he is unable to be here today. The application was made by him. Your Honour, this is a common rule application for the Airport Retail Concessions Award 1990. The SDA has no objection from VECCI or the ARA. At this stage there are only drafting issues. VECCI and ARA have requested an offsetting clause. The SDA agrees in the terms of the Vic Shops Award. The SDA gives an undertaking from the report arising from the conference on 20 October 2004, as contained in PR952589 and we would respectfully request 7 to 14 days to finalise that. If it please the Commission.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, very well. And the only issue arising is a clause sought by the employer organisations - or a redrafting of the scope, presumably requested by the employer organisations; is that the position?

PN7

MR GALBRAITH: Sorry, your Honour, that is the shops clause that the employer parties are seeking; that is right.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes, very well, and there is no difficulty with that from the union's point of view, it is simply a matter of that being reflected in the draft.

PN9

MR GALBRAITH: That is right, your Honour.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Mr Eberhard.

PN11

MR EBERHARD: Your Honour, on the understanding that the SDA has given the undertaking as prescribed with the report made by yourself, VECCI would not be opposing the application here today, but would ask that the parties be given at least seven days so as we can finalise the order with respect to - or prior to I should say getting that to your chambers and for it to be issued. If the Commission pleases.

PN12

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Eberhard. Mr Weldon.

PN13

MR WELDON: Yes, thank you, your Honour. The situation is that we would also seek that there be seven days, given that there are a number of issues with the draft order. These were raised with Mr Ryan last week in respect to clause 2.4 of the draft order presented by Mr Ryan and also referenced to interstate public holidays which we believe should be deleted from the draft order, and as already mentioned by Mr Galbraith, the shops offsetting clause. But apart from those issues we have no problem with the draft declaration. If the Commission pleases.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes, very well. In those circumstances it would be my intention, subject to the finalisation of drafting in the draft declaration being in a form which meets the issues raised by ARAV and VECCI, to issue a draft declaration in the terms sought by SDA, I am satisfied that a declaration would properly give effect to the decision of the Full Bench in PR950653. I will allow a period of time until close of business on Thursday, 11 November for the parties to attend to finalisation of the draft.

PN15

Mr Galbraith, if you could forward the proposed draft incorporating the issues raised by ARV to both Mr Eberhard, Mr Weldon and to AIG, who indicated an interest, and to the Commission, and if the employer parties could advise me of their acceptance of the terms of the declaration as amended by the SDA by the close of business on 11 November I will then issue a draft - issue a declaration to come into force from 1 January 2005 and to remain in force for a period of three months. I will adjourn that matter and call on the next immediate matter.

ADJOURNED INDEFINITELY [10.13am]