C2005/3664, Transcript of Proceedings [2005] AIRCTrans 1524 (18 July 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12128-1

COMMISSIONER TOLLEY

C2005/3664

APPLICATION BY LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION
s.113 - Application to vary an Award
(C2005/3664)

MELBOURNE

9.40PM, WEDNESDAY, 06 JULY 2005

PN1

THE COMMISSIONER: Yes, before I take the formal appearance, the Commission has been informed that the representative from the Zoological Gardens Board of Victoria won't be attending and obviously don't oppose the application before it.

PN2

MR B REDFORD: I appear for the LHMU in this matter.

PN3

THE COMMISSIONER: Yes.

PN4

MR REDFORD: Commissioner, this is an application to vary the Zoological Board of Victoria and others, Keepers and Ground Staff Interim Award 2003 in accordance with the Full Bench decision in the safety net case of 2005. If I may I will hand up a statement of service in relation to that.

PN5

THE COMMISSIONER: Yes, thank you.

PN6

MR REDFORD: The statement of service shows, Commissioner, that a copy of this application and a notice that the soliciting served on the Zoo Board, the statement of service also contains evidence of that service and also contains the draft order which outlines the terms of the variations sought. The only amendment to the draft order, Commissioner, would be to insert the relevant operative date and the union seeks that the operative date and the variation be the first pay period on or after today's date. You will note, Commissioner, that the draft order doesn't contain transitional rates with respect to employing common rule workers because this amends a single employer award and it hasn't been common law. The application complies with the 12 month rule, Commissioner. For the record, the union gives the verbal commitment contemplated by the statement of principles. And on the basis of the application and the material filed, we would seek this variation in the terms outlined.

PN7

THE COMMISSIONER: Yes. Thanks, Mr Redford. Well, the application before the Commission meets the requirements of the decision of the Full Bench in the respect of wage rate changes. The order comes into effect from the first full pay period to occur on or after today's date and any orders or changes to the draft order will be in the hands of my associate by Friday this week. The matter is adjourned. Thank you.

<ADJOURNED INDEFINITELY [9.43AM]