C0083/699, Transcript of Proceedings [2004] AIRCTrans 690 (23 February 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 6088

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C No 00836 of 1999
C No 00837 of 1999

TRANSPORT WORKERS (DISTRIBUTION
FACILITIES) AWARD 1996

TRANSPORT WORKERS (DISTRIBUTION
FACILITIES - NEW SOUTH WALES)
AWARD 1996

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

MELBOURNE

10.40 AM, TUESDAY, 10 FEBRUARY 2004

Continued from 26.6.03

PN59

MS J. TISDALE: I appear for the Transport Workers' Union.

PN60

MR P. RYAN: I seek leave to appear for the Australian Road Transport Industrial Organisation.

PN61

MR A. McILROY: I appear for Linfox Australia Pty Ltd.

PN62

THE SENIOR DEPUTY PRESIDENT: Ms Tisdale, what do you say to Mr Ryan's application for leave to appear?

PN63

MS TISDALE: Not a problem, your Honour.

PN64

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr McIlroy, do you have any objection?

PN65

MR McILROY: No.

PN66

THE SENIOR DEPUTY PRESIDENT: Leave is granted, Mr Ryan. Yes, what is the situation with this one, Ms Tisdale?

PN67

MS TISDALE: I believe we have finished these two, your Honour, the Distribution Facilities and Distribution Facilities - New South Wales Awards. I have sent copies of each to your chambers late last week. The main employers represented by ARTIO and Linfox have seen that final draft, but they have only had it for a few days. Sorry, there is one change that we seek to make to the version that was emailed to you, your Honour, and that is with respect to dispute resolution training leave, which is found at clause 12 of the award.

PN68

THE SENIOR DEPUTY PRESIDENT: Which award, sorry?

PN69

MS TISDALE: They are both identical, your Honour, so it should be the same. It is actually 13.

PN70

THE SENIOR DEPUTY PRESIDENT: Clause 12 is a facility provision.

PN71

MS TISDALE: Yes, clause 13, I am sorry, clause 13.5. There is a reference in that clause in the second line to 28 days notice and we have agreed to amend that to six weeks notice.

PN72

THE SENIOR DEPUTY PRESIDENT: Six weeks notice. All parties are agreed, are they? Perhaps we will go off the record for a moment.

OFF THE RECORD

PN73

THE SENIOR DEPUTY PRESIDENT: During the short adjournment I have discussed with the parties some suggested amendments to the proposed award and those amendments have been taken into account and I will make the orders today with the operative date to be the first pay period on or after Wednesday, 25 February 2004, and I thank the parties for their cooperation and the spirit within which they have completed the task of simplification. Thank you.

ADJOURNED INDEFINITELY [10.54am]