AG2004/1712, Transcript of Proceedings [2004] AIRCTrans 508 (10 February 2004)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS

O/N 8999

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

AG2004/1712

APPLICATION FOR DETERMINATION OF
DESIGNATED AWARD FOR CERTIFIED AGREEMENT

Application under Section 170XF of the Act
by Express Ground Handling Pty Limited and
Another for determination of designated award
for certified agreement

SYDNEY

10.30 AM, FRIDAY, 30 JANUARY 2004

PN1

THE COMMISSIONER: Could I have the appearances please?

PN2

MR M. EIZENBERG: If the Commission pleases I appear for Express Ground Handling Pty Limited.

PN3

MR J. ALLAN: Commissioner, I appear for the Transport Workers' Union of Australia.

PN4

THE COMMISSIONER: Who wants to go first?

PN5

MR EIZENBERG: Thank you, Commissioner. If at the outset I can express our appreciation for bringing these matters on as quickly as you have. It's greatly appreciated. The first matter that we're dealing with this morning is a 170XF application for determination of the designated award for the purposes of a certified agreement. Application has been made under 170XF(2) of the Act for the Commission to determine the appropriate award for this morning's purposes, to determine whether the certified agreement that is to be put before you in the next matter passes the no disadvantage test.

PN6

The kind of work that the persons under the proposed agreement are to be engaged in is the performance of duties in ground crew areas that are directly and indirectly associated with aircraft handling including operation of equipment and vehicles on the ramp in baggage areas, cargo freight, catering, cleaning, aircraft servicing and other general transport operations.

PN7

In our submission and in the application of Sue Bussell dated 28 January the Airline Operations (Transport Workers') Award 1998 which is award code AW768308 is the applicable award to be designated by the Commission as the appropriate award for the purpose of deciding whether the agreement passes the no disadvantage test.

PN8

THE COMMISSIONER: Remind me what the functions are of the persons; you went through it.

PN9

MR EIZENBERG: Yes, the people that are proposed to be covered by this agreement perform ground crew duties which is a general term the company is using associated with aircraft handling and the operation of equipment and vehicles associated with ramp, baggage, cargo, freight, catering, cleaning, aircraft servicing and other general transport operations.

PN10

THE COMMISSIONER: In respect of cleaning but also catering - - -

PN11

MR EIZENBERG: The reference should possibly be aircraft catering and aircraft cleaning.

PN12

THE COMMISSIONER: They are areas where the Airline Operations (Transport Workers') Award 1998 in an airline such as Qantas that would cover those sort of airline caterers and airline cleaners; is that the case?

PN13

MR EIZENBERG: Yes.

PN14

THE COMMISSIONER: There's not more than just this award that we should look at for the no disadvantage test?

PN15

MR EIZENBERG: No.

PN16

THE COMMISSIONER: Okay.

PN17

MR EIZENBERG: Not in our view. There is a clear classification at level 2 of the award that specifically provides duties for aircraft cleaning and catering.

PN18

THE COMMISSIONER: Thank you. Yes, Mr Allan?

PN19

MR ALLAN: Mr Commissioner, I just support the submissions put forward by Mr Eizenberg.

PN20

THE COMMISSIONER: Thank you. This is an application to have the Airline Operations (Transport Workers') Award 1998 determined as the appropriate award for measuring the no disadvantage test in respect of an agreement that is proposed to be made. In the circumstances the Commission so determines and a formal determination will be issued shortly.

ADJOURNED INDEFINITELY [10.37am]