C2004/6460, Transcript of Proceedings [2005] AIRCTrans 159 (25 January 2005)

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TRANSCRIPT OF PROCEEDINGS


O/N 9660

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER CRIBB

C2004/6460
C2004/6461

HEALTH SERVICES UNION OF
AUSTRALIA (VICTORIA - PRIVATE
SECTOR - MEDICAL SCIENTISTS,
PSYCHOLOGISTS AND PHARMACISTS)
AWARD 2003

PRIVATE HOSPITAL ADMINISTRATIVE
OFFICERS - VICTORIA AWARD 1996

Applications under section 113 of the Act
by Health Services Union of Australia to
vary the above awards re increasing minimum
wages and work allowances

MELBOURNE

10.06 AM, WEDNESDAY, 8 DECEMBER 2004

PN1

MR S. ROBERTSON: I appear for the Health Services Union.

PN2

MR P. EBERHARD: I am from the Victorian Employers Chamber of Commerce and Industry and I appear in both of the matters.

PN3

THE COMMISSIONER: Thank you, Mr Eberhard. Mr Robertson.

PN4

MR ROBERTSON: Commissioner, I would just like to clarify which of the two matters we are looking at right at the moment.

PN5

THE COMMISSIONER: Yes, that is fine.

PN6

MR ROBERTSON: I have become somewhat confused with this pile of paper in front of me. That was the - - -

PN7

THE COMMISSIONER: Private Hospital - - -

PN8

MR EBERHARD: Private Hospital Admin and the Private Sector, Medical Scientists.

PN9

MR ROBERTSON: Right, okay. So if you could just give me a moment, I am sorry?

PN10

THE COMMISSIONER: Yes, that is fine. There is quite a lot of paperwork here this morning.

PN11

MR ROBERTSON: There is. I am ready to proceed. I apologise for that. Commissioner, in both these matters the union seeks to have the Private Hospital Administrative Officers Award varied as well as the Medical Scientists, Private Sector, Victoria, Private Sector, Medical Scientists and Psychologists and Pharmacists Award varied in line with the safety net decision of 5 May of a Full Bench of the Commission. The HSUAs application to vary the award, along with the draft order listing and order of substituted service, were served upon the employees and I would like to hand up, if I can, transmission receipts as proof of that service.

PN12

THE COMMISSIONER: Thank you, Mr Robertson.

PN13

MR ROBERTSON: In seeking the variation, the union gives the undertaking required by the statement of principles in respect of absorption. The award has been increased in the case of the Medical Scientists Private Sector Award by $17 under the decision, PR002003. We are not going to address the 2004, is that correct, or my mistake?

PN14

THE COMMISSIONER: That is correct, yes.

PN15

MR ROBERTSON: Yes. And the allowances have been worked out in line with the method prescribed in principle 5 of the Statement of Principles. If the Commission is satisfied with the service I would like to ask that that application be granted. The Administrative Officers Award - now, I believe that my colleague has not received the rates of pay so I would ask that we be given a matter of time or, perhaps, it is to your discretion whether this be re-listed when the rates be re-served or provided to my colleague at the Chamber of Commerce.

PN16

THE COMMISSIONER: Mr Robertson, subject to Mr Eberhard's view on this matter, I am happy to give the parties a period of time during which the draft order can be sorted out between you. I assume that is suitable to Mr Eberhard? Yes. Thank you.

PN17

MR ROBERTSON: Okay. I ask that the application be granted for that as well.

PN18

THE COMMISSIONER: Thank you, Mr Robertson. Mr Eberhard.

PN19

MR EBERHARD: Commissioner, with respect to the Private Hospitals, we haven't seen the actual rates so we need a period of time to confirm them. So if we could be given 14 days as per the other matters here today, that would be appreciated from our point of view. We wouldn't be opposing the application for the 2002 safety net adjustment. We note that the HSUA has, in this instance applied, though, for also the 2003 and 2004 and whilst it is not pressed we would say that the matter needs to come on at another time so that argument can be put in regards to that.

PN20

In regards to - if I can use the vernacular - Medical Scientists Award, we have had some opportunity to review the draft order and it does not at this stage conform to the 2003 decision in that at this stage it has been - all rates in there have been increased by $17 whereas there was a two staged increase. One of $17 where award rates up to and including $731.80 per week and then a $15 increase for rates in excess of $731.80. So we, again, need to confirm those rates and, again, with respect to the application for the 2004 safety net, we would ask that the Commission adjourn that to another date and allow argument to be put in respect to whether or not that application should be made.

PN21

In respect to both of the applications in respect to an operative date we would say that the operative date should be the first pay period on or after today's date. I don't think that is contained in either of the draft orders that we have seen in the sense of the parts that we have seen. So we would say that the first pay period should be on or after 8 December 2004. If the Commission pleases.

PN22

THE COMMISSIONER: Thank you, Mr Eberhard. The Commission has before it applications to vary two awards. The first one is the Private Hospital Administrative Officers, Victoria, Award 1996; and the second one is the Health Services Union of Australia (Victoria - Private Sector - Medical Scientists, Psychologists and Pharmacists) Award 2003 to give effect to a number of Safety Net Review Wages decisions by the Commission. As indicated by Mr Eberhard, the first application with respect to both awards is not opposed by VECCI, however, the subsequent variations sought are opposed.

PN23

With respect to the Private Hospital Administrative Officers, Victoria, Award 1996, in terms of the application by the Health Services Union to vary this award to give effect to the Safety Net Review Wages decision of the Commission in May 2002, PR002002, having heard the submissions of the parties with respect to that part of that application, I am satisfied that the application to vary with respect to May 2002 meets the requirements necessary to grant this safety net adjustment. Accordingly, the union's application is granted.

PN24

The award shall be varied in the terms of a draft order that will be agreed between the parties within the next 14 days and forwarded to the Commission. The variation shall be made from today's date, which is 8 December, and shall remain in force for - can we go off the record for a moment, please?

OFF THE RECORD

PN25

THE COMMISSIONER: Thank you. I shall backtrack a moment. The variation shall be made from the first pay period on or after today's date, which is 8 December 2004, and shall remain in force until Sunday, 19 December. With respect to the union's application to give effect to the May 2004 Safety Net Review Wages decision of the Commission, this matter will be listed for hearing on Monday, 20 December 2004.

PN26

With regard to the second award, which is the Health Services Union of Australia (Victoria - Private Sector - Medical Scientists, Psychologists and Pharmacists) Award 2003, the union has sought variations with respect to the May 2003 Safety Net Review decision and also the May 2004 Safety Net Review decision. This decision will deal with the May 2003 Safety Net Review decision. The application with respect to the May 2004 Safety Net Review decision will be dealt with on Monday, 20 December.

PN27

So with respect to the union's application to vary this award to give effect to the Full Bench decision, Safety Net Review Wages May 2003, this is not opposed by VECCI. And having heard the submissions of the parties I am satisfied that the application meets the requirements necessary to grant the safety net adjustment. Accordingly, the union's application with respect to the May 2003 decision is granted. The award shall be varied in the terms of a draft order which is to be agreed between the parties and forwarded to the Commission within 14 days. The variation shall be made from the first pay period on or after today's date which is 8 December 2004 and shall remain in force until the conclusion of Sunday, 19 December 2004.

PN28

As indicated earlier, the union's application to vary this award to give effect to the Safety Net Review Wages 2004 decision will be heard by the Commission on Monday, 20 December 2004. On that basis the Commission stands adjourned.

ADJOURNED ACCORDINGLY [10.19am]