C2004/1756, Transcript of Proceedings [2004] AIRCTrans 761 (26 February 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 9372

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER CARGILL

C2004/1756

POULTRY FARM EMPLOYEES (ACT) AWARD 1999

Application under section 113 of the Act
by The Australian Workers Union to vary the
above award re second instalment of the
minimum rates adjustment

SYDNEY

2.00 PM, MONDAY, 16 FEBRUARY 2004

PN1

THE COMMISSIONER: Can I have appearances, please?

PN2

MR G. R. BEARD: If it please the Commission, I appear on behalf of the Australian Workers Union.

PN3

THE COMMISSIONER: Thank you, Mr Beard. I'll just note for the record there's no other appearances today.

PN4

MR BEARD: Thank you, Commissioner. I can advise you that the parties who are respondent to this award, those being the ACT and Region Chamber of Commerce and Industry and also Pace Farms Proprietary Limited were informed of today's hearing through correspondence forwarded by the union on 5 February this year. The correspondence included a copy of the application, details of today's hearing and the draft order to reflect the union's application.

PN5

The correspondence, Commissioner, was forwarded by registered post and a statement to that effect together with copies of the correspondence and the receipt for registered post have been prepared for your file. I'll also take the opportunity, Commissioner, to hand to you a copy of the draft order.

PN6

THE COMMISSIONER: Thank you. I won't make the statement as to service, Mr Beard, but I'll mark the draft order as AWU1.

PN7

MR BEARD: Thank you, Commissioner.

EXHIBIT #AWU1 DRAFT ORDER

PN8

MR BEARD: AWU1, Commissioner, seeks to vary the wages clause in the award in accordance with an agreed instalment pattern for the minimum rates adjustment. You're aware that, I think it was C2002/5177 which was a safety net application to vary the award, also included in that application a movement in regard to the minimum rates adjustment which was afforded by the national wage case in August 1989.

PN9

The draft, Commissioner, is the second adjustment of those minimum rates and you'll note that the operative date sought is from the first pay period commencing on or after 23 February this year and to remain in force for a period of six months. The rates and the operative date, Commissioner, are obviously consistent with the formula that the parties agreed to last year. On that basis, the union would ask that an order in the terms of AWU1 be issued in due course. If it please the Commission.

PN10

THE COMMISSIONER: Thank you, Mr Beard. Well, on the basis of what you have put to me, Mr Beard, and taking into account what I'm also aware of the history of the safety net increase that you were referring to earlier of the minimum rates adjustment process, I'm satisfied that I should give effect to this application by the Australian Workers Union to vary the Poultry Farm Employees (ACT) Award 1999 to give effect to this minimum rates adjustment process. An order in terms of the exhibit AWU1 will be issued as soon as possible. The order will come into force from the first pay period commencing on or after 23 February 2004.

PN11

If there's nothing further, the matter is now adjourned.

ADJOURNED INDEFINITELY [2.04pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AWU1 DRAFT ORDER PN8