C2005/3782, Transcript of Proceedings [2005] AIRCTrans 1634 (28 July 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12272-1

COMMISSIONER CRIBB

C2005/3782

APPLICATION BY AUSTRALIAN NURSING FEDERATION
s.113 - Application to vary an Award
(C2005/3782)

MELBOURNE

10.24AM, TUESDAY, 19 JULY 2005

PN1

MR P GILBERT: If the Commission pleases, I appear for the Australian Nursing Federation.

PN2

MS K KNOPP: If the Commission pleases, I seek leave to appear for the employers of the association who are respondent to this award. If I could provide the Commission with a list of the employers for whom I appear on this occasion.

PN3

THE COMMISSIONER: Thank you, Ms Knopp. Mr Gilbert?

PN4

MR GILBERT: Thank you, Commissioner. If I could firstly provide you with evidence as to service. You'll find there, facsimile receipts as evidence that the draft order and the notice of hearing were provided to the parties named in the subservice order and the common rule parties. You'll also find a single page in there referring to the VCSA, a Catholic schools association who I'd inadvertently left off the subservice application because they were new to the award, but I did serve them in any event as though they were named in the subservice order. I also emailed to Mr Prendergast, of that organisation, the draft order that was emailed to the Commission. However, there was no appearance, obviously, here today of that organisation.

PN5

As already indicated, we have provided a draft order to the Commission. That draft order will understandably require some variation as a number of matters were amended by agreement between the parties. Also, as a consequence of the starting date of the variation being after the date of the common rule transitional clauses, that those clauses need not occur in this particular variation.

PN6

That left only one matter in dispute between the parties, which was the variation of the meal allowances in that award. It is only, in its own right, an award of some two or three years' history. Prior to that, nurses in that sector were regulated under the Nurses Victoria (Health Services) Award 2000. In terms of the award that is currently the subject of the application, the meal allowances were varied on the previous occasions in accordance with the CPI indicator for food. Whereas, the ANF in my history anyway has traditionally varied the meal allowance in accordance with the CPI indicator for takeaway food. That has been the case in my experience, prior to 2002, for all of the awards that the ANF have carriage of.

PN7

Following discussion between the AISV and the ANF, we would put to the Commission an agreed proposition, that the current allowance, as put in the amended order, be varied such that we look back at the amount that was in the award, when it was made, and vary that for each year in accordance with the takeaway food component of the CPI, which arrives at an allowance of $8.75 and $7.15, respectively. We don't seek any retrospective operation of those changed rates, simply that the new rates in the award as varied for the current safety net, reflect the amount that would have applied had the takeaway CPI applied on each of those occasions.

PN8

There is no disadvantage, in broad terms, for that occurring. Nor is there any particular advantage, it's simply just for the sake of consistency in terms of the variation of those allowances. I also indicate to the Commission that the ANF gives the relevant commitment in respect to absorption and hopefully the amended clause will reflect that. Also that we seek a seven day period for the orders to be settled, if the Commission pleases.

PN9

THE COMMISSIONER: Thank you, Mr Gilbert. Ms Knopp?

PN10

MS KNOPP: If the Commission pleases. The ANF has provided a copy of its application to the Commission. The association accepted the order for substituted service, not that it had a great deal of choice. Accordingly, it informed its members, which are all the employers listed as respondents to the award and sought authority to act on their behalf.

PN11

The draft order has been changed from the initial order that I have seen and I understand there are further changes being made by the Commission. Further to the conference today, that the parties have reached agreement with respect to the quantum of the increase to the meal allowance in the award. Whereas the food component of the CPI was used for the 2003 and 2004 safety net adjustments, it's now been decided that all adjustments to the meal allowance should be made using the takeaway and fast foods subcomponent of the CPI. It has been decided to treat the allowances as if they should have always been increased by the takeaway and fast foods subcomponent, and accordingly the rates will be altered. The meal allowances will be $8.75 and $7.15.

PN12

I would be pleased to review the order, over the next seven days, to be received from the Commission and the ANF and support an operative day for the first pay period, commencing on or after 1 August. We accept that ANF's commitment to absorption. Other than that, we believe the draft order will comply with the principles of the Commission, if the Commission pleases.

PN13

THE COMMISSIONER: Thank you, Ms Knopp. This matter is an application by the Australian Nursing Federation, to vary the Victorian Independent Schools (Nurses) Award 2003, to give effect to the safety net review wages June 2005 decision, which is PR002005. The application is not opposed by the party.

PN14

Having heard the submissions of the parties, I am prepared to grant the union's application as the conditions necessary for that granting have, in my view, been met. A draft order has been forwarded by the ANF and the award shall be varied in the terms of the draft order, subject to the parties finalising the terms of that draft order. To assist the parties, the Commission will forward to the parties the Commissions proposed draft order, for the parties to consider. The order shall come into force from the first pay period to commence on or after 20 August 2005 and shall remain in force for a period of six months.

<ADJOURNED INDEFINITELY [10.32AM]