C2005/1627, Transcript of Proceedings [2005] AIRCTrans 458 (23 February 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10493

SENIOR DEPUTY PRESIDENT DUNCAN

C2005/1627

s.113 - application to vary an award

APPLICATION BY COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA
(C2005/1627)
Northern Territory Power and Water Corporation Employees Award 2002

SYDNEY

2.32PM, FRIDAY, 11 FEBRUARY 2005

PN1

MR C FLATT: I appear on behalf of the Communications, Electrical and Plumbing Union, the CEPU.

PN2

MR D JOHNSTON: I appear with MR R HOSKING, representing the Commissioner for Public Employment in the Northern Territory.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Johnston. Yes, Mr Flatt?

PN4

MR FLATT: Thank you, Your Honour. Today the CEPU seeks to vary the Northern Territory Power and Water Corporation Employees Award 2002, to give effect to both the safety net review decision of May 2003 and May 2004, in terms of wages, work related allowances and expense related allowances contained in that award. I avail of this opportunity to hand up an amended draft order and an affidavit of service in relation to this matter. I have provided my colleague with a copy of the amended draft order. I think it was two days ago or yesterday. There were some minor and I can provide to my colleague a copy of the affidavit of service over the next week.

PN5

THE SENIOR DEPUTY PRESIDENT: All right. I will mark the draft order in this matter. There is only one in this matter isn't there, Mr Flatt?

PN6

MR FLATT: Again, your Honour, there are annexure A and annexure B, that's making a split difference between the two categories.

PN7

THE SENIOR DEPUTY PRESIDENT: So there are two. All right then.

EXHIBIT #CEPU1 ANNEXURE A, DRAFT ORDER RELATING TO WAGES AND ALLOWANCES.
EXHIBIT #CEPU2 ANNEXURE B, DRAFT ORDER RELATING TO EXPENSE RELATED ALLOWANCES.

PN8

MR FLATT: Thank you, your Honour. Again in relation to service, on 6 January 2005, had served copies of a covering letter and an application to vary the award on the award parties by facsimile and a copy of that can be found in annexure B of the affidavit. That was served on all of the award parties, there was no order for substituted service in this matter. On 12 January 2005, the CEPU served a copy of the notice of listing for this hearing on those award parties by facsimile, found at annexure C. On 13 January 2005, we served copies of the application to vary the award and copies of the notice of listing for this matter by registered post in accordance with rules 22 and 73 of the Commission Rules and a copy of that registered post receipt can be found at annexure D.

PN9

On 27 January 2005, the CEPU served a copy of the amended notice of listing that had been produced in this matter, that is contained in annexure E and then we served on 2 February, a copy of that further amended notice of listing on the employer party by way of facsimile. That can be found at annexure F. On 10 February the CEPU served a copy of that further amended notice of listing on the other union parties by way of facsimile. That can be found at annexure G.

PN10

I have received a number of letters from the other union parties in this matter who have indicated that they are unable to attend today, but I think the AMWU have provided their consent to the proposed draft orders and I think the other parties have mentioned that they are not available to attend but have no outstanding issues with the application. I have a letter dated 14 January 2005, from the AMWU and other letters around the same date.

PN11

Your Honour, in relation to the substance of the application, the CEPU has adjusted the wage rates in the award to accommodate both 2003 and 2004 safety net review decisions and the work related allowances and expense related allowances have been adjusted in accordance with the statement of principles contained in the safety net review decision of 2004. In particular, the Furnishing and Glass Industries decision print M9675, in relation to work related allowances, and relevant CPI figures have been used to calculate the expense related allowances. Those calculations are contained at the back of the amended draft orders for completeness sake

PN12

In relation to the undertaking required under the statement of principles, the CEPU can provide those lists of undertakings with respect to the absorption of the increase and in relation to operative dates, your Honour, we would be seeking that the order have effect from the first pay period to commence on or after today's date, 11 February 2005. Your Honour, there is no further submissions from the CEPU. At this point in time, I put forward the application to the Commission.

PN13

THE SENIOR DEPUTY PRESIDENT: Very well, thank you, Mr Flatt. Mr Johnston?

PN14

MR JOHNSTON: Yes, thank you, Your Honour. I have reviewed the documentation that has been supplied by the CEPU and concur with Mr Flatt's submission. If the Commission, pleases.

PN15

THE SENIOR DEPUTY PRESIDENT: Thank you Mr Johnston. This is an application by the Communications, Electrical, Electronic Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the CEPU, for the variation of the Northern Territory Power and Water Corporation Employees Award 2002. I note that service has been effected on all parties to the award and appearances have been entered by the employer representative and by letter in relation to other unions party to the award. I might note that at this stage I take the other union's support of the CEPU's application as, in effect, giving the undertaking which they are required to do by clause (d) of principle 8 of the current wage fixing principles.

PN16

Mr Flatt I interrupt myself I think this one is unlike the other in that the 12 months has already expired. No, you are going back?

PN17

MR FLATT: Yes, your Honour, there was - - -

PN18

THE SENIOR DEPUTY PRESIDENT: You are relying on 8(b)?

PN19

MR FLATT: Yes, there was no previous safety net review in this award since the award was certified in 2002 I think it was.

PN20

THE SENIOR DEPUTY PRESIDENT: I see.

PN21

MR FLATT: The rates were updated at that time to take into account the 2002 safety net decision, and this application applies to 2003 and 2004 application.

PN22

THE SENIOR DEPUTY PRESIDENT: Well, Mr Johnston I note your consent to the variation, I take it that that is conditioned in part by the fact that the variations sought would not result in any increase in the wages actually paid to employees or increase the wage cost for the employer?

PN23

MR JOHNSTON: No, that is correct, your Honour.

PN24

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Johnston. The operative date sought is not less than 12 months since the rates in the award were increased in accordance with the last safety net decision. There having, in fact, been no application to that end until the current one. The application also seeks an operative date of the first pay period commencing on or after today. The union parties to the award have given a specific commencement as to the absorption of the increase as required by the principle decision.

PN25

The allowances in the award are adjusted either in accordance with the Furnishing and Glass Industries Allowances decision print M9675 or the provisions in regard to expense related allowances as provided for in another principle that is relevant. The workings for all these adjustments are supplied to the Commission. In these circumstances I am prepared to grant the application. It will have effect from; on or after the first pay period commencing with today and the orders that issue will be those that are identified as exhibit CEPU1 in relation to wages and other allowances, and CEPU2 in relation to the expense based allowances. I adjourn this matter indefinitely.

<ADJOURNED INDEFINITELY [2.42PM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #CEPU1 ANNEXURE A, DRAFT ORDER RELATING TO WAGES AND ALLOWANCES. PN7
EXHIBIT #CEPU2 ANNEXURE B, DRAFT ORDER RELATING TO EXPENSE RELATED ALLOWANCES. PN7