C2003/6403, Transcript of Proceedings [2004] AIRCTrans 97 (8 January 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 5736

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SIMMONDS

C2003/6403

VICROADS AWARD 2001

Application under section 113 of the Act
by the Australian Municipal, Administrative,
Clerical and Services Union to vary the above
award re Safety Net Review May 2003

MELBOURNE

10.15 AM, TUESDAY, 16 DECEMBER 2003

PN1

MS L. SUMPTER: I appear on behalf of the Australian Services Union.

PN2

MR H. McPHERSON: I appear on behalf of VicRoads.

PN3

THE COMMISSIONER: Yes, thank you, Mr McPherson. Ms Sumpter?

PN4

MS SUMPTER: If the Commission pleases, this is an application to vary the VicRoads Award 2001. There has been some amendments made to a draft order which I will hand up now. There has been discussions with the parties - - -

EXHIBIT #S1 DRAFT ORDER

PN5

THE COMMISSIONER: Yes?

PN6

MS SUMPTER: Thank you. Okay, now it has been circulated to the parties - there have been discussions with the parties regarding allowances and also the clause relating to the reasonable hours and as such the ASU has given its undertaking in this matter.

PN7

THE COMMISSIONER: Sorry, you give?

PN8

MS SUMPTER: The undertaking to abide by what the reasonable hours variation was.

PN9

THE COMMISSIONER: Yes, but you have to give another undertaking and that relates to the - - -

PN10

MS SUMPTER: The safety net adjustments.

PN11

THE COMMISSIONER: And what is the undertaking?

PN12

MS SUMPTER: The undertaking is that - I am unsure what - sorry, Commissioner, this is my first time in doing a safety net, so - - -

PN13

THE COMMISSIONER: Well, there has to be an undertaking in respect of the absorption question.

PN14

MS SUMPTER: We undertake to do that, Commissioner.

PN15

THE COMMISSIONER: Well, I think what you are giving is the necessary undertaking, is that right?

PN16

MS SUMPTER: That is correct.

PN17

THE COMMISSIONER: Yes, thank you. I take it that VicRoads is the only respondent to the award, is it?

PN18

MS SUMPTER: That is correct.

PN19

THE COMMISSIONER: Yes, Mr McPherson?

PN20

MR McPHERSON: Commissioner, I should say that there are other respondents to the award, being other unions but we have established - tried to establish discussions there and the ASU has prepared the application - - -

PN21

THE COMMISSIONER: Well - - -

PN22

MR McPHERSON: - - - to which we consent.

PN23

THE COMMISSIONER: There is something more fundamental than that. Did you notify the other organisations who were respondent to the award or the hearing?

PN24

MS SUMPTER: Yes, that is correct, Commissioner.

PN25

THE COMMISSIONER: Have you got any evidence of that? Thank you, Mr McPherson for - - -

PN26

MS SUMPTER: Sir, a copy of the fax that was sent.

EXHIBIT #S2 COPY OF FAX NOTIFYING RESPONDENTS

PN27

THE COMMISSIONER: And that establishes that notice fixing time and place or notice of listing in respect to this matter was sent, obviously, to VicRoads because they are here but also to the Association of Professional Engineers, Scientists and Managers and the Australian Workers Union and the Community and Public Sector Union which, I think, are the other respondents to the award. Is that the situation? Yes, thank you. Yes, Mr McPherson?

PN28

MR McPHERSON: Yes, thank you, Commissioner, in relation to the application, both Part A and Part B VicRoads consents.

PN29

THE COMMISSIONER: Yes, thank you. This matter is an application by the Australian, Municipal, Administrative, Clerical and Services Union to vary the VicRoads Award 2001 for two purposes. The first to give effect to the Safety Net Review Wages decision of May 2003, both in respect of the increase to wages and salaries and increases to allowances. And, secondly, to include in the award the decision, or the effect of the decision - I will just re-word that. A provision to give effect to the decision in, what is known, as the Working Hours Full Bench decision of the Commission of July 2002.

PN30

The employer, VicRoads consent to the application. The other unions respondent to the award have been advised to today's hearing and have not attended the proceedings. That leaves me in something of a quandry because I don't have any commitment from them in respect of the non-absorption issue. In those circumstances what I propose to do - I am satisfied in terms of the parties that are present today that it is appropriate that I vary the award consistent with exhibit S1, however, I will not proceed to give effect - make an order to vary the award until such time as I receive a commitment in respect to non-absorption from the other three unions who are party to the award.

PN31

So, Ms Sumpter, I have to direct you to convey that to the other three unions and request - and you can tell them that the order giving effect to the decision that I have made will not be made unless and until I have received a written commitment in respect of the non-absorption matter from those organisations. Provided that those commitments are received within seven days the order giving effect to this decision will operate from the first pay period commencing on or after today and remain in force for a period of six months.

PN32

However, if those commitments are not received within seven days the order will be delayed until such time as those commitments have been received. I hope that is clear to you.

PN33

MS SUMPTER: Yes, Commissioner.

PN34

THE COMMISSIONER: And I will order transcript to assist you in that process. If there is nothing further the proceedings in this matter are adjourned, thank you.

ADJOURNED INDEFINITELY [10.23am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #S1 DRAFT ORDER PN5
EXHIBIT #S2 COPY OF FAX NOTIFYING RESPONDENTS PN27