C2003/5070, Transcript of Proceedings [2005] AIRCTrans 1603 (25 July 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12278-1

SENIOR DEPUTY PRESIDENT LACY

C2003/5070

CSR & RINKER SALARIED STAFF ASSOCIATION
AND
RINKER GROUP LIMITED
s.99 - Notification of an industrial dispute - Log of claims
(C2003/5070)

MELBOURNE

9.59AM, FRIDAY, 15 JULY 2005

Continued from 15/6/2005

PN24

MR M KEATS: I seek your leave to appear on behalf of the CSR & Rinker Salaried Staff Association. I have with me to my right, MR DENNIS BONER of the Association.

PN25

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Keats. Have you had leave to appear before? I thought you had, no?

PN26

MR KEATS: I have had.

PN27

THE SENIOR DEPUTY PRESIDENT: Yes.

PN28

MR G BLACKER: I seek your leave to appear on behalf of Readymix Emoleum Services Pty Ltd.

PN29

THE SENIOR DEPUTY PRESIDENT: Yes, you too have had leave before?

PN30

MR BLACKER: That's correct.

PN31

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Well, leave is granted in both cases, in any event. Yes, Mr Keats?

PN32

MR KEATS: Your Honour, I think first of all we're converting today from a report back into a consent hearing. Yesterday, I both filed in the Commission and sent your associate, documents headed Readymix Emoleum Services Staff Award 2005. That is a document that the parties asked, by consent, be made as an award in settlement of the dispute filed by the Association. In my submission, that document is in accordance with the current principles for making the first award and those principles are principle 11 of the safety net wages June 2005 decision, and it contains relevant minimum wage rates that are comparable to other awards, in particular with regard to ..... Readymix Award that was made by your Honour last year and to the CSR Consolidated Staff Award. It contains appropriate relativities, it does not contain any matters that are in breach of section 89A and meets the award's certification criteria of section 143 of the Act.

PN33

The Association asks that the Commission make the award in settlement of the dispute. Unless there is anything further, they will be the Association's submissions, your Honour.

PN34

THE SENIOR DEPUTY PRESIDENT: Yes, could you just tell me how you fixed the minimum rates for the award?

PN35

MR KEATS: The minimum rates have been fixed by adopting the rates and salaries of the Readymix Holdings Staff Award 2005. They are also the same rates that are found and contained in the CSR Consolidated Award 2000.

PN36

THE SENIOR DEPUTY PRESIDENT: Yes, and that's for the same classification you are saying, is that right?

PN37

MR KEATS: They are identical classifications.

PN38

THE SENIOR DEPUTY PRESIDENT: Yes, all right, and you say there are no provisions in there that fall foul of section 89A?

PN39

MR KEATS: Yes, your Honour.

PN40

THE SENIOR DEPUTY PRESIDENT: Yes, and are there any matters in there that would be regarded as not meeting the requirement of pertaining to the employment relationship?

PN41

MR KEATS: No, your Honour.

PN42

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Blacker, what do you say?

PN43

MR BLACKER: Thank you, your Honour. We are instructed that Readymix Emoleum Services consents to the Association's application for making of a consent award to be known as the Readymix Emoleum Services Staff Award 2005. In that regard, it is an agreed document, and we would consent to the Commission making that award in the terms provided in the Association's application filed with the Commission, yesterday.

PN44

THE SENIOR DEPUTY PRESIDENT: Yes. Do you agree that it meets the requirements of section 89A?

PN45

MR BLACKER: Your Honour, we would support the Association's submission that the ..... does.

PN46

THE SENIOR DEPUTY PRESIDENT: Yes and all the provisions in there are consistent with the test case standards, I presume?

PN47

MR BLACKER: Again, your Honour, we would support the Association's submissions in those regards.

PN48

THE SENIOR DEPUTY PRESIDENT: Yes, I didn't ask the Association about that actually. I'll probably come back to them on that.

PN49

MR BLACKER: Very well.

PN50

THE SENIOR DEPUTY PRESIDENT: And matters pertaining, you agree that all the matters in the consent award pertain to the employment relationship?

PN51

MR BLACKER: Again, we support those submissions in those regards, your Honour.

PN52

THE SENIOR DEPUTY PRESIDENT: Mr Keats, I didn't actually ask you about the test case standards. Do you say they all comply or conform with that?

PN53

MR KEATS: To the extent that provisions exist in this document, that there are exist test case standards, yes, your Honour.

PN54

THE SENIOR DEPUTY PRESIDENT: Yes and there is no right of entry clause in there, is there?

PN55

MR KEATS: No, your Honour.

PN56

THE SENIOR DEPUTY PRESIDENT: Yes, very well. So you want the award made to come into operation from the first pay period commencing on or after 1 August 2005, is that right?

PN57

MR KEATS: Yes, your Honour.

PN58

THE SENIOR DEPUTY PRESIDENT: Very well. I will have a closer look at the award, but on the basis of the submissions made today and my examination of the award at this point, subject to it being - or fitting within the requirements of the format that we have, I will make the award as a consent award rather than just as an award, so I'll vary that aspect of it to call it a consent award. Do you have any difficulty with that?

PN59

MR KEATS: No, your Honour.

PN60

MR BLACKER: That's in accordance with my instructions, your Honour.

PN61

THE SENIOR DEPUTY PRESIDENT: I thank the parties and I congratulate the parties on achieving a consent position on this and hopefully the parties continue to maintain that relationship. Thank you. Any other matters?

PN62

MR KEATS: No, your Honour

PN63

MR BLACKER: No, your Honour. Thank you for your assistance.

PN64

THE SENIOR DEPUTY PRESIDENT: Thank you, the matter is adjourned

<ADJOURNED INDEFINITELY [10.07AM]