C2005/276, Transcript of Proceedings [2005] AIRCTrans 1740 (19 August 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12414-1

COMMISSIONER TOLLEY

C2005/276

APPLICATION BY TRANSPORT WORKERS’ UNION OF AUSTRALIA
s.113 - Application to vary an Award
(C2005/276)

MELBOURNE

10.05AM, FRIDAY, 05 AUGUST 2005

PN1

MS H RYALL: I appear for the Transport Workers' Union in this matter.

PN2

MS S KATZEW: I appear on behalf of VECCI and its members respondent to the award.

PN3

THE COMMISSIONER: Yes, thanks Ms Katzew. The Commission received correspondence from APADA about this matter. They have indicated that they have no objection to the order being made in the terms of the amended award to be put before the Commission and already sent to the Commission by facsimile message on 2 August. Ms Ryall?

PN4

MS RYALL: Thank you, Commissioner. I will just hand up a statement of service for the Commission's file. You have a copy of the draft order so I won't hand that up.

PN5

THE COMMISSIONER: Yes, Mr Ryall?

PN6

MS RYALL: Commissioner, in the draft all the work related allowances have been adjusted in accordance with principle 5 of the Commission's Statement of Principles. As noted in earlier correspondence to the Commission, we note that the First Aid Allowance in clause 20.6 of the award wasn't properly increased last year and that is an error that was only discovered on 2 August this year. We have sought to remedy that by basing this year's figure for that particular clause on the correct calculations for last year so the figure now shown in the draft should read $14.57. That is on the last page at point12.

PN7

THE COMMISSIONER: Yes.

PN8

MS RYALL: Commissioner, the expense related allowances in this award have been adjusted by increasing them by the Consumer Price Index since the time they were last adjusted. The TWU gets the commitment required in principle 8 due to the absorption of the safety net adjustment. We seek an operative date for this variation of 15 August and that is 12 months since the award was last varied with the safety net adjustment. If the Commission pleases.

PN9

THE COMMISSIONER: Yes, thank you. Ms Katzew?

PN10

MS KATZEW: If the Commission pleases. VECCI does not oppose the application and we are satisfied with the amended draft order.

PN11

THE COMMISSIONER: Yes. Thank you. Well, there is no opposition to the order sought by the TWU. The order has been properly filed under the rules of the Commission and it reflects the decision of the Full Bench. The amendment at point 12 in respect of First Aid Allowance was noted and agreed to by the Commission. It is proper. Accordingly, the award is agreeing with the terms of the draft order. The orders will come into operation during the first full pay period which commenced on or after 15 August 2005 and shall remain in force for a period of six months. The matter is adjourned. Thank you.

<ADJOURNED INDEFINITELY [10.08AM]