C2004/6606, Transcript of Proceedings [2004] AIRCTrans 4717 (6 December 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 9183

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER GRAINGER

C2004/6606

SOUTH EAST WATER LIMITED SENIOR
OFFICERS AND MANAGERS AWARD 1995

Application under section 113 of the Act
by Australian Municipal, Administrative,
Clerical and Services Union to vary the
above award re Safety Net Review Wages
decision of May 2004 and increase to
allowances consistent with the Furnishing
and Glass Industries Allowances decision

MELBOURNE

2.08 PM, THURSDAY, 25 NOVEMBER 2004

PN1

THE COMMISSIONER: Mr Henderson.

PN2

MR N. HENDERSON: I appear for the ASU in this matter.

PN3

THE COMMISSIONER: Is there any appearance from anyone else in this matter? No, all right, fine, thanks very much.

PN4

MR T. O'LOUGHLIN: I appear on behalf of the APESMA.

PN5

THE COMMISSIONER: What are you appearing in respect - - -

PN6

MR O'LOUGHLIN: I am on behalf of the APESMA.

PN7

THE COMMISSIONER: Right.

PN8

MR O'LOUGHLIN: Yes.

PN9

THE COMMISSIONER: In this matter?

PN10

MR O'LOUGHLIN: That is correct, South East Water.

PN11

THE COMMISSIONER: Yes. Yes.

PN12

MR O'LOUGHLIN: We are a respondent.

PN13

THE COMMISSIONER: Yes, all right, fine, good, thanks very much. Yes, well, you have entered your appearance then, Mr O'Loughlin?

PN14

MR O'LOUGHLIN: That is correct, Commissioner.

PN15

THE COMMISSIONER: Yes, thank you. Yes, Mr Henderson.

PN16

MR HENDERSON: Commissioner, this is an application to vary the South East Water Senior Officers Award in relation to the safety net adjustment, and supported wage system. A copy of the draft order has been circulated amongst the parties. I note that I have an e-mail from a Marg Berg, Project Manager, Organisational and Development, Human Resources Branch South East. I don't know if the Commission received anything?

PN17

THE COMMISSIONER: Yes. Yes. Yes, I see that South East Water Limited will not be represented at the hearing, so this e-mail says, from Marg Berg.

PN18

MR HENDERSON: Berg, yes.

PN19

THE COMMISSIONER: Yes, all right. So, Mr O'Loughlin, who are you representing?

PN20

MR O'LOUGHLIN: The APESMA, Commissioner.

PN21

THE COMMISSIONER: Yes.

PN22

MR O'LOUGHLIN: The Association of Professional Engineers, Scientists, Managers of Australia.

PN23

THE COMMISSIONER: Okay, Yes, fine.

PN24

MR HENDERSON: That e-mail indicates consent to the orders, Commissioner, so perhaps - do we mark e-mails?

PN25

THE COMMISSIONER: Yes, well - - -

PN26

MR HENDERSON: Perhaps that might be marked?

PN27

THE COMMISSIONER: Well, I will mark it. I am just going to mark it MFI1, because the person who sent it has sent it - they are not here to tender it.

MFI #1 EMAIL

PN28

MR HENDERSON: That is - yes. Perhaps anyway, if it could be marked and I will indicate why we proceeded in the way in which we did.

PN29

THE COMMISSIONER: Yes.

PN30

MR HENDERSON: On the basis of that e-mail, Commissioner, we would submit that the draft order conforms with the safety net adjustment requirements. The wage increases that result from safety net adjustment won't apply to any of the employees who are covered by it. But I think a period of 12 months has elapsed in any event.

PN31

THE COMMISSIONER: Yes.

PN32

MR HENDERSON: The ASU gives a commitment in accordance with principle 8D of the statement of principles in relation to absorption of over-awards, and request that the Commission issue an order varying the award along the lines sought, effective from first pay period to commence on or after today. Now, I haven't asked to mark the order, Commissioner, but that has been provided to the Commission electronically.

PN33

THE COMMISSIONER: Yes, thank you.

PN34

MR HENDERSON: If the Commission pleases.

PN35

THE COMMISSIONER: Yes. Yes, Mr O'Loughlin.

PN36

MR O'LOUGHLIN: Commissioner, the Association supports the submissions and accordingly gives its undertaking in regards to the absorption principle 8D, if the Commission pleases.

PN37

THE COMMISSIONER: Yes. Thank you very much. Good, all right. I am satisfied that on the basis of those submissions that I should issue the order approximately in the form sought, but there may be some fine tuning of it to suit the Commission's own requirements but nothing - to come out later today. Thank you very much.

ADJOURNED INDEFINITELY [2.08pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

MFI #1 EMAIL PN28