C2004/6973, Transcript of Proceedings [2005] AIRCTrans 86 (10 January 2005)

AUSCRIPT AUSTRALASIA PTY LTD
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TRANSCRIPT OF PROCEEDINGS

O/N 9612
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

C2004/6973

PASTORAL INDUSTRY AWARD 1998

Application under section 113 of the Act
by Victorian Farmers Federation Industrial
Association to vary the above award to
reflect Safety Net Review - Wages May 2004
decision [PR002004]

MELBOURNE

11.34 AM, FRIDAY, 24 DECEMBER 2004

THESE PROCEEDINGS WERE CONDUCTED BY TELEPHONE LINK AND RECORDED IN MELBOURNE

PN1

MS P. MURDOCH: I appear on behalf of the Victorian Farmers Federation and the Victorian Farmers Federation Industrial Association.

PN2

THE VICE PRESIDENT: Thank you, Ms Murdoch. And on the phone we have Ms Walters for the AWU, is that right.

PN3

MS E. WALTERS: That is correct.

PN4

THE VICE PRESIDENT: Okay. And we have established to Western Australia but I am advised that there is no one in attendance over there. What would you like to say in support of your application, Mr Murdoch?

PN5

MS MURDOCH: Thank you. The Victorian Farmers Federation Industrial Association has made application for variation schedule B of the Pastoral Industry Award 1998 to give effect to the Safety Net Review - Wages May 2004 [PR002004] decision. By an oversight, schedule B was not varied when the rest of the Pastoral Industry Award was varied in C2004-289 and this application seeks to remedy that defect.

PN6

THE VICE PRESIDENT: So the - in terms of the rates, for example, stock hand, farm hand and general hand, they have been increased by $19?

PN7

MS MURDOCH: Yes.

PN8

THE VICE PRESIDENT: And in terms of the allowances, they have been adjusted in accordance with the Glass Merchants - - -

PN9

MS MURDOCH: Yes.

PN10

THE VICE PRESIDENT: - - - formula. All right. And it has been more than 12 months since these rates were last adjusted in this award?

PN11

MS MURDOCH: Yes.

PN12

THE VICE PRESIDENT: I probably shouldn't be asking you for a commitment as your - the - in terms of the Safety Net decision as it is usually an employer - an employee - a union applicant so I might - but nevertheless, I note that already in the award there is the off-setting clause set out in paragraph 8(b) of the Statement of Principles and Ms Walters, perhaps if I could check with you, firstly, whether you consent to the variation and, secondly, whether the union is prepared to give the specific commitment as for the absorption of the increase as required by the principles.

PN13

MS WALTERS: Certainly, your Honour, the AWU does consent to this application and gives the undertaking in relation to the absorption.

PN14

THE VICE PRESIDENT: All right. Do I take it it would be operating from the first pay period to commence on or after today's date?

PN15

MS MURDOCH: Yes. I just also wish to say that I understand that the Commission served all the documents to the relevant parties - - -

PN16

THE VICE PRESIDENT: We did.

PN17

MS MURDOCH: - - - and I have been advised by Ms Denita Wawon that the following organisations have consented and they are: the West Australian Farmers Federation Industrial Association, the NSW Farmers Industrial Association, the Tasmanian Farmers and Graziers Industrial Association, the Pastoral and Graziers Association of Western Australia, the Pastoralist Association of West Darling. And I would just like to say, as it is only nine days til common rule commences, the VFF was concerned that our members would be confused if there was uncertainty with the wage rates.

PN18

THE VICE PRESIDENT: No, I certainly appreciate the variation and also, Ms Murdoch - - -

PN19

MS MURDOCH: And we didn't want - - -

PN20

THE VICE PRESIDENT: Not only because of the uncertainty but also after 1 January there is an advertising process, etcetera, that has to be gone through for any application to vary a common rule award. So it would have certainly had the potential to create some confusion on the ground.

PN21

MS MURDOCH: And, as you know, we don't like retrospectivity in any form.

PN22

THE VICE PRESIDENT: No, nobody does.

PN23

MS MURDOCH: So - yes.

PN24

THE VICE PRESIDENT: All right. Thank you. Well, I am satisfied the application is consistent with the statement of principles and I propose to issue an order in the form sought. The order will come into force from the beginning of the first pay period to commence on or after today's date. Nothing further? Yes, sorry?

PN25

MS MURDOCH: I think the third.

PN26

THE VICE PRESIDENT: Sorry?

PN27

MS WALTERS: May I say, your Honour - - -

PN28

MS MURDOCH: The third.

PN29

MS WALTERS: - - - I just might add that the AWU also appreciates the application made by the VFF.

PN30

THE VICE PRESIDENT: Just bear with me for a moment. Sorry, Ms Murdoch?

PN31

MS MURDOCH: Could it commence from the same dates as the common rule, like 3 January because that is what we have got in the schedule B.

PN32

THE VICE PRESIDENT: Any objection?

PN33

MS WALTERS: No, your Honour.

PN34

MS MURDOCH:

PN35

Operative date is the first pay period on or after 3 January but no later than the 5th.

PN36

THE VICE PRESIDENT: And that is the common - that is consistent with the common rule?

PN37

MS MURDOCH: Yes.

PN38

THE VICE PRESIDENT: Yes. My only hesitation is - if we do that is the common rule coming into effect, will the changes be - form part of the award that is made a common rule on those dates? Do you - if not, then the problem will be that they won't - these changes will only apply to the award, they won't form part of the common rule. So it won't overcome the problem. It may be - look, if it is not - it is unlikely to create a particular problem if it was made operative from the first pay period on or after 30 December to make absolutely sure that we don't have that sort of problem. Do you have any problem with that, Ms Murdoch?

PN39

In the normal course, they are consistent with the principles. It would be granted from first pay period on or after the date of the hearing. But that would give you a further - or even if we made it Friday, the - no. Or you could have it operating rather than the first pay period, it will just come into force from 1 January and that way you will know that it is in force before the operative date of the common rule. Otherwise, you are going to have to have the 30th or 31st but no later than the 1st. Do you know what I mean? I want to make sure that it is actually going to address the problem that - or the confusion that you are wanting to avoid, that is all.

PN40

MS MURDOCH: Your Honour, I thought that the schedule operates from 3 January.

PN41

THE VICE PRESIDENT: Yes.

PN42

MS MURDOCH: That - commencing.

PN43

THE VICE PRESIDENT: Yes.

PN44

MS MURDOCH: So - - -

PN45

THE VICE PRESIDENT: But - - -

PN46

MS MURDOCH: - - - can't we make it just like an hour before?

PN47

THE VICE PRESIDENT: Well - - -

PN48

MS MURDOCH: Because then I think it would disadvantage our members.

PN49

THE VICE PRESIDENT: Well, you won't get the day before. You see, the problem with operative dates is they are - it covers that period. Work performed on that day. It is not - it - the schedule doesn't come into force from 6 am on a particular day.

PN50

MS MURDOCH: No.

PN51

THE VICE PRESIDENT: When does the schedule come in?

PN52

MS MURDOCH: It comes in on the first pay period on or after 3 January but not later than the 5th. That is when all the common rule clauses - - -

PN53

THE VICE PRESIDENT: The first pay period on or after the 3rd?

PN54

MS MURDOCH: 3rd.

PN55

THE VICE PRESIDENT: We can make this operative from the 2nd and - but you would need to specify that date, 2 January, not first pay period on or after because otherwise you will get caught. I don't think it is worth the risk. It may not be the case - it may be the case you can provide the same operative dates and it will be all right but I am not sure. There not having been a case to deal with this and, given the time, obviously the parties haven't had much notice about how it is going to work. Midnight on the 2nd?

PN56

MS MURDOCH: Yes.

PN57

THE VICE PRESIDENT: All right. This order will be a bit unusual but nevertheless. So the order will come into force from midnight on 2 January 2005. Okay? Nothing further? Okay. All right. Well, I will issue an order in those terms shortly. Thank you for your attendance and have a good break.

PN58

MS MURDOCH: Thank you.

PN59

MS WALTERS: Thank you.

ADJOURNED INDEFINITELY [11.45am]