C2005/1106, Transcript of Proceedings [2005] AIRCTrans 1562 (19 July 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12219-1

COMMISSIONER THATCHER

C2005/1106 C2005/1097

APPLICATION BY WESTERN AUSTRALIAN SHIRE COUNCILS, MUNICIPAL ROAD BOARDS, HEALTH BOARDS, PARKS, CEMETERIES AND RACECOURSE, PUBLIC AUTHORITIES, WATER BOARDS UNION
s.113 - Application to vary an Award
(C2005/1106)

APPLICATION BY AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION-WESTERN AUSTRALIAN BRANCH
s.113 - Application to vary an Award
(C2005/1097)

PERTH

11.24AM, MONDAY, 04 JULY 2005

PN1

MR S BIBBY: I appear on behalf of the Australian Municipal Administrative and Clerical Services Union.

PN2

MR A JOHNSON: I appear on behalf of the West Australian Shire Councils Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union.

PN3

THE COMMISSIONER: Yes, Mr Bibby.

PN4

MR BIBBY: Once again, this is an application pursuant to section 113 to give effect to the safety net review decision handed down by the Full Bench. Madam Associate has provided a draft order prior to the hearing and a three hour adjournment, to give that draft order. We submit that both the weekly wage rates and this case also - inclusion of the minimum wage at paragraph 3 and several allowances consistent with the respective principles under the statement of principles handed down by the Full Bench.

PN5

In terms of the allowances, they conform to the requirements of principle 5 in terms of the wage rates. We give the requisite commitment pursuant to principle 8(d). Lastly, in regard to the minimum wage we submit that it should be included in accordance with principle 9. In light of previous applications that recognise the way the Commission is going in terms of the operative date. So, we submit that the operative is from today's date, if it pleases the Commission.

PN6

THE COMMISSIONER: Thank you, Mr Bibby. You say, from today's date or first pay period from today's date.

PN7

MR BIBBY: Sir, I probably would say from today's date.

PN8

THE COMMISSIONER: Yes, very well. Yes, Mr Johnson?

PN9

MR JOHNSON: Thank you, Commissioner. This organisation's submissions are essentially in line with what has been put by Mr Bibby. In terms of the Australian Services Union's submissions, our position is that the order presented by your associate, we would concur in its entirety. The application and order are consistent with the relevant principles. The order varies the allowances in accordance with the relevant principle. The commitments are provided in accordance with the relevant principles and the wages have also been adjusted accordingly.

PN10

In light of your previous determination of an operative date, we believe the operative date should in fact be today's date. We note that for the record that the previous variation to the award to give effect to the 2004 national wage Case was June 9. So, the variation is also consistent in terms of that part of the wages principle, if it pleases the Commission. We seek the order remain in force for a period of three months.

PN11

THE COMMISSIONER: Very well, I order that the award be varied in terms of the draft order and that the order shall come into force from 4 July 2005.

<ADJOURNED INDEFINITELY [11.29AM]