C0065/598, Transcript of Proceedings [2004] AIRCTrans 4560 (24 November 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 9080

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SIMMONDS

C No 00655 of 1998

VICTORIAN STATE
AGENCIES AWARD 1990

Review under Item 51, Schedule 5, Transitional
WROLA Act 1996 re conditions of employment

MELBOURNE

12.04 PM, MONDAY, 15 NOVEMBER 2004

PN1

MR R. RICHARDSON: I appear in this matter for the CPSU.

PN2

THE COMMISSIONER: Yes, thanks, Mr Richardson. This matter has been around for a while, Mr Richardson, but we did have another award which I think has picked up most of the respondents to this award, that award being the Victorian State Agencies Award 2003. But at the time that award was made I think there were still some agencies that you sought to keep this award alive for, but I think it might be past that, has it? What is the situation?

PN3

MR RICHARDSON: Your summary is correct, Commissioner. If I can just briefly give you a bit of history. The State Agencies Award was an award agreed to between the Victorian Government and the CPSU initially to pick up all of those agencies which had reporting responsibilities to the government. Now, over time that had changed and what we did in the 2003 award was re-establish it as an award of those parties who still maintain reporting responsibilities to government. At the time that was done that left a handful of the known respondencies that we had to check. That has been going on.

PN4

The only one that is a viable organisation in terms of meeting our membership criteria is Health Super and that is currently not far from processing an award which will be in similar terms to the 2003 award, but will be specific to Health Super. So we would say that the award has no longer any continuing operation and that the Commission should exercise its powers under section 113 to set aside the 1990 State Agencies Award. If the Commission pleases.

PN5

THE COMMISSIONER: Yes, thank you. This matter is an Item 51 review under the Workplace Relations and Other Legislation Act, schedule 5 to the transition provisions. The CPSU - the Community and Public Sector Union - is the only union respondent to the award. It advises that it has no interest in maintaining the award in force, as the major respondents to that award are now covered by the Victorian State Agencies Award 2003 and that the one organisation for which it has coverage - that is not covered by that award, is about to be made a party to a new award in similar terms to the Victorian State Agencies Award 2003.

PN6

In those circumstances - I note also that the Department of Treasury and Finance was advised of this hearing and has offered no appearance. In all of those circumstances pursuant to the powers available to me under the Act I will determine to set aside this award. An order to that effect will be made with effect from today's date. If there is nothing further the proceedings in this matter are adjourned. Thank you.

ADJOURNED INDEFINITELY [12.10pm]