C2005/6246, Transcript of Proceedings [2006] AIRCTrans 300 (2 March 2006)

TRANSCRIPT OF PROCEEDINGS

---

Workplace Relations Act 1996 14243-1

SENIOR DEPUTY PRESIDENT ACTON

C2005/6246

APPLICATION BY ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS, AUSTRALIA, THE
s.113 - Application to vary an Award
(C2005/6246)

MELBOURNE

2.41PM, WEDNESDAY, 15 FEBRUARY 2006

THE FOLLOWING PROCEEDINGS WERE CONDUCTED VIA VIDEO CONFERENCE AND RECORDED IN MELBOURNE

PN1

THE SENIOR DEPUTY PRESIDENT: The first matter I will deal with is C2005/6246. It's an application by APESMA in respect of the Technical Services Professional Engineers General Industries Award 1998.

PN2

MS J WISE: I appear together with MR M BUTLER on behalf of APESMA.

PN3

MS V OKNO: I appear for the Australian Industry Group.

PN4

MR P EBERHARD: I appear for the Victorian Employers Chamber of Commerce & Industry.

PN5

MR P MOSS: I am from the Western Australian Chamber of Commerce & Industry seeking leave to appear for the ….. members who are respondent to this award.

PN6

THE SENIOR DEPUTY PRESIDENT: I have received correspondence from Blake Dawson Waldron representing Western - WMC Resources Ltd, formerly known as Western Mining Corporation Ltd, indicating that in essence they do not object to the terms of the proposed award variation. Ms Wise?

PN7

MS WISE: Thank you, your Honour. The time, date and place of the hearing and a copy of the application was served on the parties respondent to the award. Subsequently a draft order has also been circulated to the parties respondent to the award. Your Honour, at this stage I will formally table the draft order.

EXHIBIT #APESMA1 DRAFT ORDER

PN8

MS WISE: Thank you. The draft order in the association's view reflects the Commission's Family Provision decision of August 2005 print number 082005 incorporating personal leave, bereavement leave, annual leave and parental leave variations accordingly. The proposed operative date of this award - of this draft order, will be the first full pay period after today's date, 15 February 2006. Your Honour, that concludes the association's submission.

PN9

THE SENIOR DEPUTY PRESIDENT: Ms Okno?

PN10

MS OKNO: If the Commission pleases we have checked the amended draft orders contained in exhibit APESMA1 and served on the Australian Industry Group and submit that the provisions contained in the amended draft orders have been varied in accordance with the Family Provisions test case. As such we don't oppose the variations in the terms sought by the union operative from today's date.

PN11

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Eberhard?

PN12

MR EBERHARD: Thank you, your Honour. VECCI adopts the submissions of AIG in this matter.

PN13

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Moss?

PN14

MR MOSS: May it please the Commission. The WA Chamber of Commerce has only received the draft orders as at today's date. Unfortunately Ms Wise sent those through - we received notification regarding the matter 6247 yesterday afternoon and hence my email seeking to appear in this matter. We have not as a result had an opportunity to check the order that APESMA seeks to introduce as part of this award, nor correspond with our members with respect to this matter.

PN15

As such we would seek to oppose the application until such time as we have had an opportunity to check the draft order and then discuss possibly any corrections or otherwise with APESMA. What we would therefore seek would be an opportunity for a fortnight or at least a week in order to be able to do that and then consult with the union. To the extent that it would be consult then we would envision that the order progress by administration.

PN16

THE SENIOR DEPUTY PRESIDENT: What do you say, Ms Wise?

PN17

MS WISE: I would like to point out that we sent the application off a week ago so it was through no fault of APESMAs that Mr Moss only received the application yesterday. We don't oppose providing Mr Moss further time to peruse the draft order however we would like that the operative date would still be today, 15 February 2006. Thank you.

PN18

THE SENIOR DEPUTY PRESIDENT: What I will do is I will give you seven days, Mr Moss, to check the form of the draft order. If you have got any objections you should let my chambers know within seven days otherwise I will assume that you are content with it.

PN19

MR MOSS: Thank you, your Honour.

<ADJOURNED INDEFINITELY [2.46PM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #APESMA1 DRAFT ORDER PN7