C2005/4828, Transcript of Proceedings [2005] AIRCTrans 2183 (19 October 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13063-1

COMMISSIONER FOGGO

C2005/4828

APPLICATION BY AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION
s.113 - Application to vary an Award
(C2005/4828)

MELBOURNE

11.44AM, THURSDAY, 06 OCTOBER 2005

PN1

MR N HENDERSON: I appear for the ASU.

PN2

MS M HOGAN: Appearing for the Country Fire Authority.

PN3

THE COMMISSIONER: Yes, thank you Ms Hogan. Mr Henderson?

PN4

MR HENDERSON: Thank you, Commissioner. This is an application to vary the award, the Country Fire Authority Award for the safety net adjustment and the ASU also seeks leave to amend the application to allow a variation in relation to the supported wage.

PN5

THE COMMISSIONER: Yes.

PN6

MR HENDERSON: Commissioner, I won't prove service on the employer as they are here but the APSA has been notified and I understood that they were going to send something.

PN7

THE COMMISSIONER: Yes. I have a letter from Mr O'Loughlin, the Senior Industrial Officer of APESMA who indicates that, an inability to attend but supporting the application made by the ASU and providing the relevant commitments regarding absorption from the wages principles. There is nothing specifically in relation to the supported wage.

PN8

MR HENDERSON: No.

PN9

THE COMMISSIONER: But I can deal with that by making an interim decision subject to written acknowledgement by APESMA.

PN10

MR HENDERSON: Yes, well I - - -

PN11

THE COMMISSIONER: I would prefer the arrangement to be put in the award.

PN12

MR HENDERSON: Yes. Thank you, Commissioner. Well I can assist the Commission with that by contacting Mr O'Loughlin.

PN13

THE COMMISSIONER: Yes. If you would, thank you.

PN14

MR HENDERSON: Commissioner, there has been a draft order circulated and I will hand that up in hard copy. We have also provided it to the Commission by email.

EXHIBIT #H1 DRAFT ORDER

PN15

MR HENDERSON: Thank you, Commissioner. In relation to the safety net adjustment, the ASU gives the commitment required by the principles in relation to absorption. In relation to the supported wage system adjustment, I can tell the Commission that the reason I didn't include it in the original application is I was waiting for a Full Bench decision and regrettably, Commissioner Gay's decision passed me by but we rely on Commissioner Gay's decision of 19 August in print PR961623 to adjust the supported wage and then request that an order issue from the Commission varying the award along the lines set out in the draft order come into operation from the first pay period on or after today, to remain in force for a period of six months.

PN16

No worker will receive an increase as a result of this variation because of the presence of a certified agreement but in any event I think 12 months has passed since the last variation. If the Commission pleases.

PN17

THE COMMISSIONER: Yes thanks. Ms Hogan?

PN18

MS HOGAN: We agree that the draft order is consistent with the decision and principles of the safety net review and we consent to the award variation as per the draft order.

PN19

THE COMMISSIONER: Yes thank you and that includes the supported wage in addition?

PN20

MS HOGAN: Yes.

PN21

THE COMMISSIONER: On the basis of the application and the draft order which is marked in these exhibits as exhibit H1, I am satisfied that the safety net wages review decision has given rise to this application. The application is consistent with the decision and specifically in relation to the principles which are contained in the decision regarding absorption and the appropriate commitment has been given to the issue of absorption. I am satisfied that the variation to the order is consistent with the Full Bench decision and the principles therein and the variation is granted.

PN22

In relation to the supported wage, I note that the variation which occurs in the draft order is consistent with the decision of Commissioner Gay in PR961623. That variation is granted. The variation to the award shall come into force from the first pay period to commence after today's date, 6 October 2005 and shall remain in force for a period of six months. The letter from Mr O'Loughlin from APESMA does not refer to the supported wage and my understanding is that that, I beg your pardon. Assist me, Mr Henderson. The supported wage increases were in the draft order - - -

PN23

MR HENDERSON: In the draft order, yes.

PN24

THE COMMISSIONER: I misunderstood entirely what you said.

PN25

MR HENDERSON: I didn't pick that up myself, Commissioner, so effectively Mr O'Loughlin has - - -

PN26

THE COMMISSIONER: Has agreed.

PN27

MR HENDERSON: Yes.

PN28

THE COMMISSIONER: Yes there is no problem in relation to that. I believe it is my mistake not yours given that his letter only refers to the wages element of it and is silent in relation to the rest. He refers of course to the absorption principles in principle 8 of the wages principles. It is clear that the draft order which was circulated to all parties contained the relevant foreshadowed amounts. For that reason there is no need to have further advice from APESMA in relation to this order. The application is granted and these proceedings are now adjourned.

<ADJOURNED INDEFINITELY [11.51AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #H1 DRAFT ORDER PN14