C2006/3995, Transcript of Proceedings [2006] AIRCTrans 1336 (28 December 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 16310-1

COMMISSIONER RAFFAELLI

C2006/3995

BORAL CONSTRUCTION MATERIALS GROUP LIMITED
AND
THE AUSTRALIAN WORKERS’ UNION
cl.17 Sch. 8 - Appl’n to vary preser’d State agmt to remove ambiguity or uncert.
(C2006/3995)

SYDNEY

11.04AM, FRIDAY, 15 DECEMBER 2006

PN1

MR CHADWICK: Commissioner, again if I could hand up draft order which seeks to have the Commission vary the Boral St Peters and Enfield Terminal (State) Award.

PN2

THE COMMISSIONER: Thank you.

PN3

MR CHADWICK: Again, Commissioner, I can deal with this application in a very expeditious way, and particularly given our earlier submissions in other applications. Commissioner, where the parties are seeking the variation of this award also now known as a Preserved State Agreement under Work Choices, the particular provisions which we seek to have the Commission vary are clause 7.5(b), clause 8.2(f) and clause 9.1(c). All of those provisions are referrable to other provisions and submissions which we've made earlier today, so to that extent we rely on our earlier submissions and unless the Commission
has - and I think the Commission will see that those provisions are contained in earlier applications, or at least those instruments, so to that extent we propose that the award be varied in the terms sought in the draft order. If it please.

PN4

THE COMMISSIONER: Mr Falconer?

PN5

MR FALCONER: Commissioner, the AWU has considered the proposed variation to the Boral St Peters and Enfield Terminal (State) Award and for the reasons provided to the Commission in earlier matters today consent to the draft order as submitted by the company, which amends 7.5(b), 7.5(c), 8.2(f) and 9.1(c) and 9.1(d).

PN6

THE COMMISSIONER: 9.1(d) is not - no.

PN7

MR FALCONER: No, 9.1(d), that's right. The draft order intends to be 9.1(d), there's - - -

PN8

THE COMMISSIONER: It creates a new clause I think, doesn't it?

PN9

MR FALCONER: Yes.

PN10

THE COMMISSIONER: Yes, I see.

PN11

MR FALCONER: Yes, Commissioner, we rely on earlier submissions in this matter and consent to the variation.

PN12

THE COMMISSIONER: Yes, thank you. Yes, well, the Commission is satisfied that there is uncertainty at least possibly ambiguity in relation to 9.1(c), but certainly uncertainty, and the Commission notes the order and proposes to make it and it will take effect on 15 December 2006 and will remain in force for a period of 12 months.

<ADJOURNED INDEFINITELY [11.08AM]