C2004/5962, Transcript of Proceedings [2005] AIRCTrans 309 (8 February 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10315

SENIOR DEPUTY PRESIDENT LLOYD

C2004/5962

s.113 - application to vary an award

APPLICATION BY FLIGHT ATTENDANTS' ASSOCIATION OF AUSTRALIA
(C2004/5962)
Flight Attendants (Domestic Airlines) Award 1999

MELBOURNE

3.05PM, TUESDAY, 25 JANUARY 2005

Continued from 19/11/2004

PN1

MR J ELLIOTT: I appear on behalf of the Flight Attendants Association of Australia.

PN2

MR D TRINDALE: I am a solicitor and I seek leave to appear pursuant to leave previously granted for Hazelton Air Services Pty Ltd in matter number C2004-5961 only.

PN3

THE SENIOR DEPUTY PRESIDENT: Now onto the last one which we hope is a bit shorter. You are excused if you want to go, Mr Trindale. I think we have gone over time for that.

PN4

MR TRINDALE: Thank you, Commissioner.

PN5

MR ELLIOTT: I know - - -

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, you can proceed, yes. This one is a bit similar to the previous one, yes.

PN7

MR ELLIOTT: I am happy enough to fast-track this and just refer to the submissions of the previous award variations, if we want to move straight to the point of any concerns you may have.

PN8

THE SENIOR DEPUTY PRESIDENT: Again, 17.1 is different to the test case model clause but 17.1 is the same as what is in the current award?

PN9

MR ELLIOTT: Yes.

PN10

THE SENIOR DEPUTY PRESIDENT: The numbering then goes a bit skewiff on the second page which can be easily rectified.

PN11

MR ELLIOTT: Yes.

PN12

THE SENIOR DEPUTY PRESIDENT: 17.8, the notice ....., again that is different to the test case model clause but according to us is the same as what is in the award.

PN13

MR ELLIOTT: And again, taking into account the circumstances in the industry, yes.

PN14

THE SENIOR DEPUTY PRESIDENT: 17.10, working notice period, similarly is in the award?

PN15

MR ELLIOTT: Yes.

PN16

THE SENIOR DEPUTY PRESIDENT: Now definitions under 17A, the definition in 17A.1.1, that is not in the test case nor in the award.

PN17

MR ELLIOTT: Yes.

PN18

THE SENIOR DEPUTY PRESIDENT: Similarly 17A.1.2. Again, I understand the desire of the parties and I think it's commendable but I am of the view that I would not be able to agree to that as a single member of the Commission.

PN19

MR ELLIOTT: Yes.

PN20

THE SENIOR DEPUTY PRESIDENT: I think 17A.5, acceptable alternative employment, is linked into that as in the previous one.

PN21

MR ELLIOTT: Sorry, Senior Deputy - - -

PN22

THE SENIOR DEPUTY PRESIDENT: 17A.5.

PN23

MR ELLIOTT: A.5, yes.

PN24

THE SENIOR DEPUTY PRESIDENT: That is all the comments I have.

PN25

MR ELLIOTT: Likewise, with the previous requests that you have made, I will talk to the employer, I doubt there is going to be any difficulty with it but we will confirm directly to your office, consent and amended variations.

PN26

THE SENIOR DEPUTY PRESIDENT: Thank you. Then the wage variation appears to be all in order.

PN27

MR ELLIOTT: Yes, and I believe that this employer has also written to your office confirming its acceptance of the - - -

PN28

THE SENIOR DEPUTY PRESIDENT: Yes.

PN29

MR ELLIOTT: If the Commission pleases.

PN30

THE SENIOR DEPUTY PRESIDENT: Thank you. I think it is commendable to tidy up the awards too. I mean this is an exercise that has been a bit protracted and it is not easy but hopefully then when we go forward the awards will be up-to-date.

PN31

MR ELLIOTT: It's a good foundation to work off, Senior Deputy President.

PN32

THE SENIOR DEPUTY PRESIDENT: This is an application pursuant to section 113 of the Act by the FAAA for an order to vary the terms of the Flight Attendants Domestic Airlines Award 1999 to incorporate the safety net adjustments provided for by the safety net review wages decisions from 2000 to May 2004 and the test case provisions arising from redundancy cases in prints PR03 2004 and PR06 2004. The Commission is satisfied the draft order submitted by the applicant gives effect to the provisions as set out in the various safety net review wages decisions. The Commission, in regard to the redundancy case decisions, notes that minor amendments will be made to remove clauses that are not contained in the current award which depart from the redundancy case model clause. The Commission also notes a number of other clauses are included in the order which depart from the model clause but are of the nature of provisions currently contained in an agreement. The Commission notes that these clauses, by being reflected in the order, do not result in any change in level of entitlements in the award concerned. The Commission also notes that the parties agree that the alteration should be made.

PN33

It is the Commission's opinion, that the application, therefore, is consistent with the two redundancy decisions and in the circumstances, including the consent of the parties, it is a matter that should be regarded as coming from principle 2B. It follows that reference to the precedent under principle 10 is not required. Accordingly, the award will be varied in accordance with the application as amended. The order will come into effect from the first pay period on or after 25 January 2005 and will remain in force for a period of 12 months.

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