C2005/105, Transcript of Proceedings [2005] AIRCTrans 1620 (28 July 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12309-1

SENIOR DEPUTY PRESIDENT WATSON

C2005/105

NATIONAL TERTIARY EDUCATION INDUSTRY UNION
AND
MELBA CONSERVATORIUM OF MUSIC
s.111(1)(b) - Application for an award or order
(C2005/105)

MELBOURNE

9.58AM, MONDAY, 23 MAY 2005

PN1

MR R THOMAS: Appearing on behalf of the NTEU

PN2

MR N RUSKIN: Appearing for the Melba.

PN3

THE COMMISSIONER: There's no issue about leave?

PN4

MR RUSKIN: Actually, I'm an officer of the Melba today.

PN5

THE SENIOR DEPUTY PRESIDENT: I'm sorry, I won't grant you leave then. Very well, Mr Thomas.

PN6

MR THOMAS: Your Honour, this is an application under section 111(1)(b) of the Act for the making of an award by consent between the National Tertiary Education Union and the Melba Conservatorium of Music. This is a first award between the parties. As such, the application that sits before you has been made in line with first award principles and certainly within the context of section 89(a) and the range of allowable matters as they currently stand.

PN7

The salaries that are contained in this award, there are two schedules of salaries, your Honour, and they are found at the back in the schedules and they reflect the two generic groups of staff, obviously academic employment and the
non academic general staff employment. Those rates are derived from - the general staff one from the ..... Award, reflective of the 2004 safety net and similarly the academic rates are reflective of those that are contained in the Academic Staff Salary Award, also at 2004.

PN8

THE SENIOR DEPUTY PRESIDENT: When you say reflective of - - -

PN9

MR THOMAS: They are the award rates.

PN10

THE SENIOR DEPUTY PRESIDENT: Very well. The criteria for movement within a classification level at 21.2, that's the basis for movement which was - - -

PN11

MR THOMAS: 21.2?

PN12

THE SENIOR DEPUTY PRESIDENT: 21.2, which was determined by Commissioner Smith, I think, in the first instance.

PN13

MR THOMAS: Yes.

PN14

THE SENIOR DEPUTY PRESIDENT: More recently, well it's not so recent now, but applied by Duncan SDP in various - - -

PN15

MR THOMAS: In various other applications, yes.

PN16

THE SENIOR DEPUTY PRESIDENT: So, it's a skills based process.

PN17

MR THOMAS: Other than that, your Honour, the structure of this award is reasonably straight forward. The overall terms and conditions are fairly typical of entry point conditions in our sector. I believe there might have been a few hiccups in the lodgment of this application. Your Honour, the application got lost in the Registry cyberspace on a number of occasions but it did land eventually and I think there was, as required by the rules of the Commission, a copy of the
rule 20 signed by Mr Ted Murphy, the National Assistant Secretary of the NTEU on 6 April this year.

PN18

Other than that, your Honour, I don't think there's any need for us to say anything else except that obviously the application is before you by way of consent and if - we would like to see that made today following what Melba have to say.

PN19

THE SENIOR DEPUTY PRESIDENT: The other provisions which reflect matters considered by test case Full Benches, they reflect the outcomes of the test case Full Bench, redundancy for example?

PN20

MR THOMAS: They do, your Honour, they are reflective of those decisions.

PN21

THE SENIOR DEPUTY PRESIDENT: Thank you for that Mr Thomas.
Mr Ruskin.

PN22

MR RUSKIN: The Melba Conservatorium of Music consents to the making of this award. A few matters to raise, firstly the classification - the casual academic rates of pay are reflective of the rates in the Academic Salaries Award 2002 but there has been some changes to reflect the particular nature of the institution. The tutoring rate, there's been some different words. At 1.3.3 of schedule 1, part 1, that's on page 35 of the copy I have.

PN23

THE SENIOR DEPUTY PRESIDENT: 1.3?

PN24

MR RUSKIN: Point 3(a). So we just added some words to describe the presentation of workshop or group rehearsal of a specified duration relating - provide direct associated non contact duties.

PN25

THE SENIOR DEPUTY PRESIDENT: That reflects the nature of the
teaching - - -

PN26

MR RUSKIN: Exactly it does, the nature of the broader - the one to one teaching that occurs. Secondly, we removed a higher preparation rate for lecturing in 1.3.2(b) just above. We didn't change it, we just moved a higher level of - a higher rate. Secondly, there's one error in the award at 8.4.2 where there's a reference on the third line of that clause, the notice of termination provisions in clause 29, it's in fact clause 30 in the version I have. It says - and the next line provides for severance benefits in clause 29 which seems to be clause 30 in the version that I have.

PN27

THE SENIOR DEPUTY PRESIDENT: Just run that past me again, I've got 30 in the final line.

PN28

MR RUSKIN: Yes, it should be 29

PN29

THE SENIOR DEPUTY PRESIDENT: That should be - so the two numbers - - -

PN30

MR RUSKIN: That's right, swapped over.

PN31

THE SENIOR DEPUTY PRESIDENT: Should be reversed.

PN32

MR RUSKIN: Correct.

PN33

THE SENIOR DEPUTY PRESIDENT: Very well. That provision itself is reflective of the - - -

PN34

MR RUSKIN: That provision at 8.4.2 is not reflective of any particular test case but it deals with the issue of earlier termination if a fixed term contract is ended. Which I suppose, reflects the Higher Eduction Contract of Employment Award in a shortened way.

PN35

THE SENIOR DEPUTY PRESIDENT: How could you improve on perfection?

PN36

MR RUSKIN: The last thing is that if the award is made today, that it be operative from the first pay period on or after today's date. Otherwise, I don't think there are any other matters I wish to draw to the attention of the Commission, please the Commission.

PN37

THE SENIOR DEPUTY PRESIDENT: Thank you Mr Ruskin. Mr Thomas do you confirm the typographical errors in 8.4.2?

PN38

MR THOMAS: I do.

PN39

THE SENIOR DEPUTY PRESIDENT: You can confirm the amendments to the casual provisions?

PN40

MR THOMAS: My colleague, Mr Hutchins, has had responsibility to negotiate and draft in this and he's currently on long service leave but I have no reason to doubt Mr Ruskin and accept.

PN41

THE SENIOR DEPUTY PRESIDENT: Very well. This is an application by the National Tertiary Education Industry Union pursuant to section 111(b) of the Workplace Relation Act 1996 for the making of a new award Melba Conservatorium of Music Award 2004. The making of the award in part settlement of dispute in C2002/5304 is consented to, by the Melba Conservatorium of Music. I have had an opportunity to consider the terms of the award and I'm satisfied that the award and the terms proposed would be consistent with the first award principles of the Commission. Secondly, is consistent with section 89(a) of the Act in that it contains allowable matters.

PN42

The wage provisions within the agreement reflect, in clause 21.2, a skill based provision for movement within classification levels consistent with a previously approved provisions of the Commission, approved by both Commissioner Smith, Duncan SDP and the rates contained within the schedules, save for some amendment in limited respects to reflect the particular nature of the conservatory's teaching, is in terms fixed as properly fixed rates within other academic awards of the Commission.

PN43

I'm satisfied that the rates proposed are properly fixed minimum rate and can be approved to form part of the award. The provisions otherwise, where relevant, reflect test case provisions and are otherwise appropriately fixed as minimum rates provisions and there's no ..... consistent with section 89(a) of the Act. I will approve the award in the terms sought by the NTEIU and consented to by the Melba Conservatorium. The award made shall operate from the first pay period on or after today's date, 23 May and shall remain in force for a period of
12 months. I'll now adjourn the proceedings.

<ADJOURNED INDEFINITELY [10.10AM]