C2005/1669, Transcript of Proceedings [2005] AIRCTrans 411 (18 February 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10403

COMMISSIONER DEEGAN

C2005/1669

s.113 - application to vary an award

CPSU, the Community and Public Sector Union
and
Chief Minister's Department
(C2005/1669)
A.C.T. Legislative Assembly Members' Staff Award 2003

CANBERRA

9.21AM, TUESDAY, 08 FEBRUARY 2005

PN1

MR T O'SHEA: I appear for the Australian Capital Territory.

PN2

MS J TRACEY: I am appearing for the MUAA as well today.

PN3

THE COMMISSIONER: Thank you. Right, go ahead.

PN4

MS TRACEY: I have an amended application to hand up .....

EXHIBIT # CPSU1 AMENDED APPLICATION

PN5

MS TRACEY: This application seeks to apply the 2004, safety net review decision of the Commission to adjust wages in the award, and the application also seeks to adjust the supported wage amount to $61 in accordance with the 2004, decision of the Commission. The application also seeks to insert the parental leave clause into the award consistent with the decisions of the Full Bench, of the Commission print numbers PR904631 and PRQ5596. Commissioner, this parental leave clause varies slightly from previous clauses that we have inserted into our awards. The variations are that the definition of "child" has been included in the definitions, this is in accordance with the decision in Q5596, and I also draw your attention to new sub-clause 28.10.6, which is specific to this particular award. Mr O'Shea will be able to give you some more information on this ....

PN6

THE COMMISSIONER: Thank you Ms Tracey. Mr O'Shea?

PN7

MR O'SHEA: Commissioner, in broad terms the application was amended is acceptable to the employer. Commissioner, in relation to the new sub-clause 28B.10.6, this was inserted at the employer's request due to particular circumstances of employment of people under the Legislative Assembly (Members' Staff) Act of 1989. Particularly Commissioner, the sub-clause has intended to take account of termination of employment of people covered by this award on the occasion of the termination of membership of a member or consul of the Assembly, the rising of each Assembly or upon the death or resignation of a member of the Assembly.

PN8

Can I make it clear to you, Commissioner, what it is that's, intended. I have prepared an extract of the relevant Act and I hand that up.

EXHIBIT # ACT1 EXTRACT FROM LEGISLATIVE ASSEMBLY (MEMBERS' STAFF) ACT 1989

PN9

THE COMMISSIONER: Yes. Mr O'Shea.

PN10

MR O'SHEA: Commissioner, the employment of persons under the Legislative Assembly Members' Staff Act is dealt with in two parts. One's in relation to staff and so forth and the other is in relation to staff of other members of the .... That is ministers and so forth and the other is in relation to staff of other members of the Legislative Assembly. But Commissioner, the termination of employment conditions are, broadly speaking, in the same terms, so the document that you have in front of you has an extract from part 2 which deals with staff office holders and section 8 of the Act is relevant there, setting out the circumstances in which employment can be terminated. Similarly, the last two pages are part 3 related to staff members and a similar provision in relation to termination is there in section 13.

PN11

Commissioner, you will see from that that there are a number of particular circumstances there where a person who is employed under that Act, will have their employment terminated while the terms of the parental leave clause as the CPSU has sought will operate. The operation of 28.10.6, will be such that a person's employment will terminate if they are on leave or not in accordance with the Act, rather than there being any doubt about their continued entitlement to either leave or employment. If the Commission pleases, unless you have other questions?

PN12

THE COMMISSIONER: I don't have any other questions, it seems perfectly reasonable to me, and you are happy with that, I assume, Ms Tracey? Good.

PN13

MS TRACEY: Yes, Commissioner.

PN14

THE COMMISSIONER: All right. Once again I am satisfied that the application accords with the principles and with the terms of the test case provisions and I will make an order in terms of the amended application with effect from today's date 8 February, 2005.

<ADJOURNED INDEFINITELY [9.25AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT # CPSU1 AMENDED APPLICATION PN4
EXHIBIT # ACT1 EXTRACT FROM LEGISLATIVE ASSEMBLY (MEMBERS' STAFF) ACT 1989 PN8