C2004/1893, Transcript of Proceedings [2004] AIRCTrans 984 (19 March 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 9758

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

C2004/1893

ELECTRICAL ENGINEERING AND CONTRACTING
INDUSTRIES (NORTHERN TERRITORY) 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 safety net review
- wages - May 2002 and May 2003 and expense
related allowances

SYDNEY

11.55 AM, WEDNESDAY, 3 MARCH 2004

PN1

THE COMMISSIONER: Yes, could I have the appearances please?

PN2

MR C. FLATT: May it please the Commission, I appear on behalf of the CEPU Electrical Division.

PN3

THE COMMISSIONER: Yes, thank you.

PN4

MS B. ROBERTS: May it please the Commission, I appear on behalf of our members, the Chamber of Commerce, Northern Territory.

PN5

THE COMMISSIONER: Yes thank you. Yes, Mr Flatt?

PN6

MR FLATT: Your Honour, the CEPU seeks to vary the Electrical, Engineering and Contracting Industries (Northern Territory) Award 2002 to give effect to the safety net review decisions of both May 2002 and May 2003 in terms of the wages and also the work related and expense related allowances contained in that award. Commissioner, in relation to this award I have a number of documents to hand up, the first is an affidavit of service outlining the steps that I've taken to comply with the substituted service order and a registered mail slip in relation to serving the proposed amendments. This was served on 16 February 2004 along with the notice of listing for the hearing, the order itself and these were sent both to the Northern Territory Chamber of Commerce and the Territory Construction Association by registered mail.

PN7

THE COMMISSIONER: Yes, that will just form part of the file, I need not mark them Mr Flatt.

PN8

MR FLATT: Your Honour, there has been some change in the proposed draft order, I thought I would hand that up as well, sorry I should have handed it last time, after discussions between myself and Ms Roberts of the Northern Territory Chamber of Commerce. The substance of the application in relation to wages your Honour, the CEPU has adjusted the wage rates contained in the award in accordance with the 2002 and 2003 safety net increases. These increases have been made in accordance with the principles contained in the safety net review decisions.

PN9

In relation to the work related allowances they have been varied in accordance with the principles contained in the safety net review and in particular the formula contained in the Finishing and Glass Industries decision. These calculations are contained in the calculation sheet attached at the back of the application, the same as for the expense related allowances which have been adjusted in accordance with relevant CPI figures.

PN10

Commissioner, in seeking the variation to the award the CEPU can provide the necessary undertakings required by the safety net review decision with respect to the absorption of the increase as contained in the consent draft order, the new amended draft order and in relation to the operative date, as the application is by consent and in accordance with principle 8C of the statement of principles relating to the twelve month period, the CEPU is seeking that they have effect from the first pay period to commence on or after today's date, 3 March 2004. If the Commission pleases, if there are any further questions in relation to that application it may be best if Ms Roberts puts forward her position on this.

PN11

THE COMMISSIONER: The absence of a twelve month wait between the decisions is of no real consequence?

PN12

MR FLATT: I've been led to believe there should be no major consequence for employers in relation to that increase.

PN13

THE COMMISSIONER: Yes thank you, and your union gave the undertaking didn't it?

PN14

MR FLATT: Yes it has given the undertaking.

PN15

THE COMMISSIONER: Yes Ms Roberts?

PN16

MS ROBERTS: Yes I did canvass our members about that issue of the two safety nets and there was no objection raised by our members. Therefore I can consent to the amended draft order as handed up.

PN17

THE COMMISSIONER: The amended draft order will be exhibit CEPU1.

EXHIBIT #CEPU1 AMENDED DRAFT ORDER

PN18

THE COMMISSIONER: This is an application to vary the Electrical Engineering and Contracting Industries (Northern Territory) Award 2002 so that it reflects the outcome of the safety net review wages decisions of May 2002 and May 2003. On the basis of the submissions and documentation the Commission is satisfied that the applied for variation which is reflected in exhibit CEPU1 should result in a variation of the award and on that basis an order reflecting that application, that exhibit, will come into force from the beginning of the first pay period commencing on or after 3 March 2004 and will continue in force for a period of six months. On that basis these proceedings are now adjourned.

ADJOURNED INDEFINITELY [12.01pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #CEPU1 AMENDED DRAFT ORDER PN18