C2005/3169, Transcript of Proceedings [2005] AIRCTrans 1766 (26 August 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12491-1

DEPUTY PRESIDENT HAMPTON

C2005/3169

APPLICATION BY SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES ASSOCIATION
s.113 - Application to vary an Award
(C2005/3169)

ADELAIDE

3.41PM, FRIDAY, 12 AUGUST 2005

PN1

PN1

MR P MALINAUSKAS: I appear on behalf of the SDA, and with me is my colleague DON BLAIRS.

PN2

THE DEPUTY PRESIDENT: Good, thank you, Mr Malinauskas. Before we proceed, I should indicate that I have just recently been handed correspondence from the Australian Retailers Association, the original of which was actually sent to the SDA confirming support for this application.

PN3

MR MALINAUSKAS: Thank you, Deputy President. Today, we are seeking a variation to the Video Industry Award (South Australia) for the arbitrated safety net increase, and other consequential variations pursuant to the federal wage case of June this year. A summons and draft order were lodged with the Commission via fax on 2 August, and were sent to the ARA accordingly. There is no variation to the draft orders initially lodged with the Commission or sent to the ARA, and you should have a copy of those draft orders.

PN4

THE DEPUTY PRESIDENT: Yes.

PN5

MR MALINAUSKAS: The draft orders seek to increase the classification of grade 2 adult employee by $17 and all other wages proportionately according to the prescribed percentages. The draft order seeks to increase the meal allowance, which has been increased by 3.3 per cent in line with the CPI for meals out and take away food for the region of Adelaide. It is the understanding of the SDA that you've just received a fax from the Australian Retailers Association indicating their consent to these changes. The SDA gives the commitment that they will accept the absorption of the safety net adjustment to the extent of any equivalent amount in rates of pay which are above the wage rates prescribed in the award.

PN6

We seek that these pay increases take effect in the first pay period on or after today's date, 12 August 2004, which is 12 months since the previous increase. Finally, the SDA does note that in the fax that you've obviously recently been given a copy of, the ARA mentions using a date of 9 August as an operative date. The SDA is happy with either the 9 or 12 August. We are happy with what the Commission sees best fit.

PN7

THE DEPUTY PRESIDENT: All right. Very well. I'll deal with the application now. Firstly, I'm satisfied that the variation to the wages and the allowances is in accordance with the safety net review wages decision of the Full Bench of this Commission. I am satisfied that in that context, that the $17 adjustment has been replicated and flowed onto the other classifications in the appropriate manner, and that the meal allowance is an expense related adjustment again in accordance with those principles.

PN8

I further note the consent that's been given by the employer organisation in the matter. As to the operative date, the parties will appreciate that the principles established by the Full Bench contemplate that variations to awards to give effect to the decision will be made no earlier than the date of the variation of the award. Now, in that context, I do note there's three days between the date which is on the draft order and today's date. Gentleman, I think in the circumstances, and particularly, knowing the consent of the employer, I would propose to grant the application as originally made. That is in effect no earlier than the date of the variation award given that this operates on the first pay period basis in any event, so I think the difference will be largely academic and I don't see any reason, given the consent of the employer, not to grant the application as filed. The parties will appreciate that if there was a larger gap between the two dates, then the principals would require me to perhaps take a different view.

PN9

In light of that position, I indicate that I will grant the application by consent. The award is hereby varied, as sought. Orders to give effect of this determination will be issued by the Commission shortly, and confirmed that the variations take effect from the first pay period commencing on or after 9 August 2005. I'll give the variation a nominal life of six months there from.

PN10

Unless there is anything further, Commission will be adjourned.

<ADJOURNED INDEFINITELY [3.46PM]