C2004/6966, Transcript of Proceedings [2005] AIRCTrans 781 (30 March 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11000-1

COMMISSIONER SMITH

C2004/6966 C2004/6968 C2004/6967

APPLICATION BY AUSTRALIAN SALARIED MEDICAL OFFICERS FEDERATION
s.141 - Common rules
(C2004/6966)

APPLICATION BY AUSTRALIAN SALARIED MEDICAL OFFICERS FEDERATION
s.141 - Common rules
(C2004/6968)

APPLICATION BY AUSTRALIAN SALARIED MEDICAL OFFICERS FEDERATION
s.141 - Common rules
(C2004/6967)

MELBOURNE

10.04AM, FRIDAY, 18 MARCH 2005

PN1

MR R FELMINGHAM: I appear for the Australian Salaried Medical Officers Federation Victoria Branch for each of the three matters.

PN2

MR P EBERHARD: I am from the Victorian Employers' Chamber of Commerce and Industry and VECCI has filed and served on both the Commission, ASMOF and also the Victorian Common Rule Parties, the requisite notice in accordance with the regulations.

PN3

THE COMMISSIONER: Thank you. We are dealing with all three together?

PN4

MR FELMINGHAM: There is nothing complex in any of them.

PN5

THE COMMISSIONER: Good.

PN6

MR FELMINGHAM: They are all applications pursuant to section 141 and 493A of regulation 16 of Common Rule Declaration of three awards covering medical practitioners that operate in Victoria. So we have had discussions with Mr Eberhard, VECCI and have agreed on draft declarations which I would like to tender.

PN7

THE COMMISSIONER: Thank you.

PN8

MR FELMINGHAM: So I believe that, sir, as well as being agreed, the three draft declarations are in the form of what was described as a template by the Full Bench, and they don't vary from that. There was one issue in our discussions, and I don't have any difficulty at all with the form of the declarations, but there are a couple of matters that are dealt with in the template that I suppose are worth pointing out to the Commission, they are not actually relevant to these awards, and one is the sheltered workshop provisions, as it were, and the other is the provision in relation to superannuation, because none of the awards nominated a fund. So those clauses have no work to do, by the same token they don't do any harm, I suppose. I think my submission would be that they don't need to be there, Commissioner, but they are, they do reflect the Full Bench template.

PN9

THE COMMISSIONER: Yes. Mr Eberhard? Undertakings? Does there need to be an undertaking?

PN10

MR EBERHARD: I will. I spoke to Mr Felmingham before and did say, for the sake of consistency - - -

PN11

THE COMMISSIONER: Sure. To the extent that one is needed, do you give it?

PN12

MR FELMINGHAM: Yes. I am happy to give that undertaking.

PN13

MR EBERHARD: Commissioner, the three draft declarations tendered today are agreed. I have no argument with regards to whether or not the reference to the Disability Support Pension reference or the superannuation reference remains, or is removed. I think I might have put it in when I first received the draft declaration, mainly because it was just a reflection of the template. I just think for consistency sake that we retain it, at least then the declarations - I don't know how many there are now but 180 to 190 declarations that will have been made with these three would all look basically the same. And that is really my only point in respect to that, Commissioner.

PN14

THE COMMISSIONER: Yes. Well, I think we will take it out. I don't see how a person who could be bound by the award could come within the Disability Services Act 1983, one would hope not.

PN15

MR FELMINGHAM: I was enormously reluctant to make any comment.

PN16

THE COMMISSIONER: So we won't be too hide bound by templates, but in all other circumstances I am satisfied that the draft declaration gives effect to the Full Bench decision, that's consistent with the Common Rule Statement of Principles. In particular, I am satisfied that the declaration for most of the objective of 493A of the Act, it generally declares all substantive provisions of the relevant awards to operate as common rule. The declarations propose to operate from the earliest possible date. What is the date that has been selected?

PN17

MR EBERHARD: 18 April, Commissioner.

PN18

THE COMMISSIONER: 18 April, thank you. Yes, 18 April 2005. And the terms and conditions of the relevant awards have been fixed consistently with a safety net review statement of principles, safety net wages review. And with the exception that in relation to the Disability Services Act, I am satisfied that the draft declaration reflects the style and substance of the template declaration endorsed by the Full Bench. Accordingly I will issue the declarations and they shall apply from 18 April. Thank you for your attendance, the matter is adjourned.

<ADJOURNED INDEFINITELY [10.11AM]