C0046/198, Transcript of Proceedings [2004] AIRCTrans 4639 (2 December 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 9141

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER MANSFIELD

C No 00461 of 1998

HEALTH INSURANCE COMMISSION
(SALARIES AND CONDITIONS OF
EMPLOYMENT) AWARD 1989

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

MELBOURNE

10.03 AM, MONDAY, 22 NOVEMBER 2004

Continued from 19.12.02

PN17

MR M. HAMMOND: I appear on behalf of CPSU, the Community and Public Sector Union.

PN18

MR F. O'DONNELL: I seek leave to appear on behalf of the Health Insurance Commission in accordance with section 42(3) of the Act in the capacity of agent. I also have with me today MS A. GALVIN who is an employee of the Health Insurance Commission.

PN19

THE COMMISSIONER: Thank you, Mr O'Donnell. Is there any objection to Mr O'Donnell's appearance?

PN20

MR HAMMOND: No, Commissioner.

PN21

THE COMMISSIONER: Thank you, Mr Hammond. Leave is granted, Mr O'Donnell.

PN22

MR O'DONNELL: Thank you, Commissioner.

PN23

THE COMMISSIONER: This, hopefully, is the final hearing regarding the Health Insurance Commission simplified award. Now, I am going to rely, perhaps, on Mr Hammond and perhaps Ms Galvin as well as to where we are with this matter. But, as I recall, a number of comments regarding the simplified version were passed back to the parties and the parties were asked to consider whether some relatively minor changes should be made to the draft that had been presented. And we are now at a stage of coming back to the parties and asking, well, where are we with all this, so we can finally issue the award. Mr Hammond, I am looking to you to give me considerable help in this matter and Ms Galvin perhaps.

PN24

MR HAMMOND: Thank you, Commissioner. Commissioner, I suppose in terms of the minor changes that you were suggesting, I think what you are referring to is what will become the Medibank Private Award 2004.

PN25

THE COMMISSIONER: Yes.

PN26

MR HAMMOND: I think I have indicated prior to you, from the CPSU's perspective, that we certainly accepted those changes. I recall - I can't recall the exact date but I certainly recall having a discussion with you about that, Commissioner.

PN27

THE COMMISSIONER: Yes. We did have some exchange of emails in June of this year, I note.

PN28

MR HAMMOND: Yes.

PN29

THE COMMISSIONER: Yes.

PN30

MR HAMMOND: Yes. So as far as the CPSU is concerned, I think that the Medibank Private Award is resolved. What we are here for assistance with today and I think it is a relatively minor assistance that we would like to deal with conference - - -

PN31

THE COMMISSIONER: Yes.

PN32

MR HAMMOND: - - - is about the process for updating the pay rates and the allowances for the HIC award which - - -

PN33

THE COMMISSIONER: Yes.

PN34

MR HAMMOND: - - - as you will aware now, Commission, will become a stand alone award.

PN35

THE COMMISSIONER: Yes.

PN36

MR HAMMOND: The award has been largely simplified already by your colleague, Commissioner Whelan, and what we were left with was the pay rates and the allowances. And what we would seek to do also with the passing of time would be to see if there are any test case provisions that are now worthy of inclusion in the revised award as well. We have come up with a methodology that we would seek to use to update the pay rates and that would be largely in keeping with the APS Award as there are quite significant comparisons between HIC and the APS.

PN37

And HIC, in the main, does seek to look towards the APS as its guiding light, I suppose, in terms of how it pursues its industrial framework. But the methodology for how we would seek to do that, Commissioner, we would like to discuss with you in conference, just to check to see that we have got principles and processes that would meet the Commission's approval.

PN38

THE COMMISSIONER: Good. Good Mr O'Donnell, are you happy to go into conference?

PN39

MR O'DONNELL: Yes, absolutely, Commissioner. I would just add to that, I think that the parties are very close together on this and I don't anticipate it being a major exercise to bring this to a final - - -

PN40

THE COMMISSIONER: Yes, I think you are probably right, Mr O'Donnell. It has - we have been very close together for quite a period of time. We just haven't got it resolved. Good. We will go into conference.

NO FURTHER PROCEEDINGS RECORDED