C2003/5493, Transcript of Proceedings [2004] AIRCTrans 914 (16 March 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 9605

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LARKIN

C2003/5493

TRANSMISSION PIPELINES AUSTRALIA
AWARD 1999

Application under section 113 of the Act
by the Australian Workers' Union to vary the
above award re safety net reviews from
1999 to 2003, increase in expense-related
allowances and insertion of reasonable hours
provisions

SYDNEY

11.10 AM, MONDAY, 23 FEBRUARY 2004

Continued from 20.1.04

PN46

THE COMMISSIONER: Could I take appearances please?

PN47

MR N. RUDD: If the Commission pleases I appear for the Australian Workers' Union.

PN48

THE COMMISSIONER: Thank you, Mr Rudd. It is my understanding that there is correspondence on the file which you would have a copy of from the TWU and also from the employer respondent to the award.

PN49

MR RUDD: Yes, I do, Commissioner.

PN50

THE COMMISSIONER: You will be referring to those in your submissions?

PN51

MR RUDD: Yes, Commissioner.

PN52

THE COMMISSIONER: I will hear, thank you.

PN53

MR RUDD: With respect to this matter the union compiled a statement as to service; if I may tender a copy of that statement.

PN54

THE COMMISSIONER: This is a statement as to service for the new draft order?

PN55

MR RUDD: Yes, Commissioner.

PN56

THE COMMISSIONER: And the notice of listing?

PN57

MR RUDD: The statement as to service comprises the notice of listing, the application, draft order and the calculation schedule.

PN58

THE COMMISSIONER: I don't believe there's been any other material tendered on this file, Mr Rudd. Are you of that view?

PN59

MR RUDD: Yes, Commissioner.

PN60

THE COMMISSIONER: We will mark statement as to service with the relevant attachments as exhibit A1 in proceedings before me.

EXHIBIT #A1 STATEMENT AS TO SERVICE WITH THE RELEVANT ATTACHMENTS

PN61

MR RUDD: Commissioner, since that date when the union has sent out those draft orders there was subsequent discussions with the single employer respondent to the award. Subsequent to those discussions we have reached a consent position with respect to the application this morning and I would seek to tender a copy of the proposed amended draft order.

PN62

THE COMMISSIONER: That's an amended order to replace the draft order that's found in exhibit A1, Mr Rudd?

PN63

MR RUDD: Yes, Commissioner.

PN64

THE COMMISSIONER: I'll mark my copy of the draft order that's attached to exhibit A1 as amended by exhibit A2 which is the amended draft order.

EXHIBIT #A2 AMENDED DRAFT ORDER

PN65

THE COMMISSIONER: Is A2 the same as the copy of an email that you forwarded to my associate on 19 February, Mr Rudd?

PN66

MR RUDD: Yes, it is, Commissioner.

PN67

THE COMMISSIONER: Because we've had a look over that draft order. So A2 reflects the email that we did receive.

PN68

MR RUDD: Thank you, Commissioner. The proposed amended draft order before you we would submit complies with the National Wage Case Principles. The variation is seeking the insertion of safety net reviews from 1999 to 2003 and the reasonable hours provisions. With respect, firstly, to the safety net reviews of 1999 to 2003 it's our submission that the 12 month rule may be waived in accordance with Principle 8C of the National Wage Case Principles given that there is consent with the employer and there is also a certified agreement in place which ensures that the effect of the variation sought will not have any cost impact on the employer. The union would also give its commitment with respect to absorption in accordance with the Principles.

PN69

Commissioner, with respect to the reasonable hours provisions it's our submission that they in no way differ in any substantial form from the provisions as outlined in the relevant decision of the Full Bench. On that basis we would seek that the variation take effect from 23 February 2004.

PN70

THE COMMISSIONER: Mr Rudd, had you planned to tender the material from the employer respondent which has been forwarded to the Commission and also a copy to you, Mr Rudd, from Mr Bruce Rose, the manager, assets and technical regulation of Gasnet Australia? I think Mr Rose is quite clearly stating he supports the application. He also addresses the requirement of Principle 8C of the Wage Setting Principles.

PN71

MR RUDD: Yes, Commissioner. I have a copy of an email that was forwarded to the Commission in those terms. If I could tender a copy of that.

PN72

THE COMMISSIONER: Yes, we will mark that exhibit A3.

EXHIBIT #A3 MATERIAL FROM EMPLOYER RESPONDENT SUPPORTING AWU APPLICATION

PN73

THE COMMISSIONER: There's also material from the TWU supporting the application. You have a copy of that. Would you seek to tender that as well?

PN74

MR RUDD: I will seek to tender that as well, Commissioner.

PN75

THE COMMISSIONER: We'll mark that document A4.

EXHIBIT #A4 MATERIAL FROM THE TWU SUPPORTING AWU APPLICATION

PN76

THE COMMISSIONER: Is there anything else, Mr Rudd?

PN77

MR RUDD: No, thank you, Commissioner.

PN78

THE COMMISSIONER: Thank you for your submissions. The matter before the Commission seeks to vary the Transmission Pipelines Australia Award 1999 for the purpose of adjusting rates in that award for safety net review decisions from 1999 to 2003. The application also seeks to insert provisions in relation to reasonable hours. On the material before the Commission and based on the submissions made I am satisfied that the application is not contrary to the Wage Setting Principles of the Commission and in that regard I will vary the award as sought in the terms outlined in exhibit A2.

PN79

The actual format of the order for the purposes of publication, Mr Rudd, will be rectified by my associate simply in regards to the numbering of the particular paragraphs. If there's any difficulty in that regard you can contact my associate, Mr Rudd. It's not a substantial change. I also note, Mr Rudd, that the union is seeking to increase the support of wage rates to the appropriate rate in accordance with the Full Bench decision.

PN80

MR RUDD: Yes, Commissioner.

PN81

THE COMMISSIONER: The order to give effect to this decision shall come into force from the first pay period to commence on or after 23 February 2004 and that order shall remain in force for a period of six months. If there's nothing further the Commission stands adjourned.

ADJOURNED INDEFINITELY [11.17am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 STATEMENT AS TO SERVICE WITH THE RELEVANT ATTACHMENTS PN61
EXHIBIT #A2 AMENDED DRAFT ORDER PN65
EXHIBIT #A3 MATERIAL FROM EMPLOYER RESPONDENT SUPPORTING AWU APPLICATION PN73
EXHIBIT #A4 MATERIAL FROM THE TWU SUPPORTING AWU APPLICATION PN76