C2004/6707, Transcript of Proceedings [2005] AIRCTrans 55 (4 January 2005)

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TRANSCRIPT OF PROCEEDINGS


O/N 9531

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMILTON

C2004/6707

TECHNICAL SERVICES - ARCHITECTS -
AWARD 2000

Application under section 113 of the
Act by the Association of Professional
Engineers, Scientists and Managers
Australia and Others to vary the above
award to reflect the Safety Net Review
- Wages May 2004 decision

MELBOURNE

10.15 AM, FRIDAY, 17 DECEMBER 2004

PN1

MS J. DRENNAN: I appear for the Association of Professional Engineers, Scientists and Managers Australia.

PN2

MS M. GADDIE: I seek leave to appear on behalf of the Association of Consulting Architects Australia.

PN3

MR B. IRONMONGER: I appear on behalf of Victorian Employers Chamber of Commerce and Industry and I have no problem with leave to appear.

PN4

THE DEPUTY PRESIDENT: No opposition to leave - no. Leave is granted. Right. Who would like to start?

PN5

MS DRENNAN: The application to vary the award, and the application for substituted service, were lodged on 1 December 2004. On 3 December the parties listed on the order for substituted service were sent a copy of the application and a copy of the draft order. A notice of listing was issued on 8 December. The parties listed on the order for substituted service were notified of this hearing. A statement to that effect was lodged with the Commission on 10 December 2004. Your Honour, at this stage I will formally table a copy of the draft order.

PN6

THE DEPUTY PRESIDENT: Is that the same document that we have on file or is it?

PN7

MS DRENNAN: It is just slightly amended with your name and today's date and - but no major changes.

PN8

THE DEPUTY PRESIDENT: But the numbers are the same are they?

PN9

MS DRENNAN: Yes, yes.

PN10

THE DEPUTY PRESIDENT: All right.

EXHIBIT #D1 AMENDED DRAFT ORDER

PN11

THE DEPUTY PRESIDENT: On that issue, for the purpose of calculation of allowances, what is the equivalent to C10 rate?

PN12

MS DRENNAN: They are the first rate - the graduate rate.

PN13

THE DEPUTY PRESIDENT: All right. Okay if you calculate - so that is the basis on which we do the calculations is it?

PN14

MS DRENNAN: Yes.

PN15

THE DEPUTY PRESIDENT: Okay.

PN16

MS DRENNAN: I will just take you through the contents of the draft order. Clause 17.2 classification and wage rates - has been varied as per the safety net decision and all classifications in subclause 17.2.1 have been increased by $988 per annum. The required absorption clause has been inserted into award clause 17.2.4 and the Association makes the formal commitment on absorption as required by principle 8D. Clause 17.3.8(a), relating to Federal Minimum Wage, has been varied by deleting the amount of $448.40 and inserting in lieu thereof $467.40.

PN17

Consistent with the Full Bench Safety Net decision we seek to adjust allowances consistent with the Furnishing and Glass Industries Allowance decision, print number M9675. Clause 25 - vehicle allowance, increases from 43 cents - sorry, 43.1 cents per kilometre travelled to 44.3 cents per kilometre travelled. And I will just tell you that in the original draft order that was sent there was an error where it actually said 44.33 cents, so I have just changed that to 44.3 cents.

PN18

In subclause 29.2 the amount of $5.91 increases to $6.08. This application is consistent with the decisions of the Full Bench and we seek variation of the award effective from 17 December 2004 which is 12 months since the last increase in wage rates and to remain in force for six months and the relevant print number is 942313. Your Honour, that concludes the Association's submission.

PN19

THE DEPUTY PRESIDENT: Thank you very much.

PN20

MS GADDIE: Your Honour, I have checked the rates in the draft order and we believe that they are correct. We do not oppose the variation of the award in the terms of the draft order.

PN21

THE DEPUTY PRESIDENT: Including the allowances they are correct as well?

PN22

MS GADDIE: Yes, they are correct as well.

PN23

THE DEPUTY PRESIDENT: Thank you very much.

PN24

MS GADDIE: Thank you.

PN25

MR IRONMONGER: I won't put any argument, your Honour. We don't object to the award being varied.

PN26

THE DEPUTY PRESIDENT: Sorry?

PN27

MR IRONMONGER: We don't object to the award being varied - the draft order.

PN28

THE DEPUTY PRESIDENT: Do you agree with it - you consent?

PN29

MR IRONMONGER: Naturally, yes, yes. We don't oppose it.

PN30

THE DEPUTY PRESIDENT: You don't oppose and you agree.

PN31

MR IRONMONGER: That is right.

PN32

THE DEPUTY PRESIDENT: Thank you very much. Marvellous. All right. Well on that basis, subject to checking the allowance figures which I wasn't sure about I will issue an order in the form of exhibit D1, based on the submissions put and the documents filed. If there are any issues with the allowances we will raise them with you and fix them up that way. Thank you very much. This matter is now adjourned.

ADJOURNED INDEFINITELY [10.21am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #D1 AMENDED DRAFT ORDER PN11