C2003/6311, Transcript of Proceedings [2004] AIRCTrans 624 (13 February 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 9125

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HARRISON

C2003/6311

NATIONAL METAL ENGINEERING ON-SITE
CONSTRUCTION INDUSTRY AWARD 2002

Application under section 113 of the Act
by Communications, Electrical, Electronic,
Energy, Information, Postal, Plumbing and
Allied Services Union of Australia to vary
the above award re electricians licence
allowance - Queensland

SYDNEY

10.20 AM, THURSDAY, 5 FEBRUARY 2004

Continued from 2.12.03

PN26

THE COMMISSIONER: May I have the appearances please?

PN27

MR L. BENFELL: If it please the Commission, I appear on behalf of the CEPU.

PN28

MR B. O'DONNELL: I appear on behalf of the Australian Industry Group.

PN29

THE COMMISSIONER: Thank you. Yes, Mr Benfell.

PN30

MR L. BENFELL: Thank you, Commissioner. You might recall the last time this matter was heard was on 17 November 2003, the matter was adjourned into conference and the parties have been discussing the matter since then. I can advise the Commission that the matter is now by consent. The application is to remove an anomaly in the award whereby licensed electrical tradesmen in Queensland at the moment do not receive a licence allowance and the same tradesmen in any other state where the award applies do receive an allowance. As you see from the draft order, which I don't know if you want marked at the moment, the effect of the draft order is to delete subclause 18.8.3 and that subclause currently says the licence allowance is not to be paid in Queensland as in every other state.

PN31

The only complication, Commissioner, is that the officer responsible for the matter is currently on short leave and both parties would like a little time to finalise the new order, partly because the electricity licensing has changed in the last two years and in several states they are no longer called A grade electricians, they are called something else. We would like to draft the clause to make sure it is brought up to date. Both parties agree to that and it would avoid any confusion down the track. The application is consistent with the wage-fixing principles, Commissioner, and we would seek an operative date from the first full pay period on or after today's date, but seek 14 days for the parties to finalise the order.

PN32

THE COMMISSIONER: Thank you, Mr Benfell. I will mark the draft order as exhibit B2.

EXHIBIT #B2 DRAFT ORDER

PN33

MR L. BENFELL: Thank you, Commissioner.

PN34

THE COMMISSIONER: Mr O'Donnell.

PN35

MR B. O'DONNELL: Thank you, Commissioner. I can confirm that the Australian Industry Group is in consent with the application for the electrician's licence to be applicable in Queensland as well as in the other states and I concur with my friend's comments that it may be for the purpose of clarity worth while referring to the precise description of that licence, which I understand is slightly different in some states, referring to the purpose of clarity, that perhaps if we have got a couple of weeks to submit the wording of the order to be made by the Commission, we consent that it be on and from the first pay period to commence on or after today, that's 5 February, and to remain in force, etcetera, for the dates nominated, if the Commission pleases.

PN36

THE COMMISSIONER: Thank you, Mr O'Donnell. This is a section 113 application to vary the National Metal and Engineering On-Site Construction Industry Award 2002 to remove an anomaly which excluded Queensland electricians from receiving a licence allowance. The application is by consent and I'm satisfied the application is consistent with the rights and principles as enunciated from time to time. In those circumstances I will vary the award in the manner sought and the variation shall take effect from the first full pay period on or after today's date. An order giving effect to this decision will issue in due course after the parties have finalised their considerations. Thank you. These proceedings now stand adjourned.

ADJOURNED INDEFINITELY [10.28am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #B2 DRAFT ORDER PN33