C2005/6085, Transcript of Proceedings [2006] AIRCTrans 322 (14 March 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14298-1

COMMISSIONER DANGERFIELD

C2005/6085

APPLICATION BY AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION
s.113 - Application to vary an Award
(C2005/6085)

ADELAIDE

10.08AM, TUESDAY, 21 FEBRUARY 2006

PN1

MS F DONAGHY: I appear for the Australian Services Union.

PN2

MR R HANCOX: I appear on behalf of the Australian Rail, Tram and Bus Industry Union.

PN3

MR D JOHNS: I appear on behalf of TransAdelaide.

PN4

THE COMMISSIONER: Ms Donaghy?

PN5

MS DONAGHY: Commissioner, this application to vary the Salaried, Professional and Technical TransAdelaide Award 2001 has been made to enable the award to be updated to reflect orders flowing from the Family Provisions Full Bench decision of November 2005 PR082005. Now I understand the Commission has a copy of - - -

PN6

THE COMMISSIONER: I do have a copy of this, yes.

PN7

MS DONAGHY: Yes. As you are aware Commissioner, this is a single employer award and the draft order provided to the Commission reflects the agreement reached from discussions between the two unions and TransAdelaide on how best to incorporate the new family parental leave standards into the award. What we have done is replaced the existing personal leave clause of the award with the model personal leave clause separating out bereavement leave. We have made the changes to the parental leave in accordance with the standards.

PN8

What we haven't done, Commissioner, is included anything in relation to the casual employees because there is no category of casual employment in this award and Mr Johns confirmed with us that there are no casuals employed pursuant to the award. Likewise we haven't incorporated in the draft order the provision enabling by agreement annual leave to be held over for two years because in the award as it currently stands there is no limit on when annual leave can be taken. So they would be the only variations really to the model. If the Commission is happy we would just ask that the variations take effect from today.

PN9

THE COMMISSIONER: On and from today?

PN10

MS DONAGHY: On and from today.

PN11

THE COMMISSIONER: First pay period I think the order says, doesn't it? It does say it in part B, yes.

PN12

MS DONAGHY: Yes I think probably would say on and from the first pay period.

PN13

THE COMMISSIONER: Neither here nor there I suppose.

PN14

MS DONAGHY: Yes.

PN15

THE COMMISSIONER: All right. Thank you. Mr Hancox, anything you wish to add?

PN16

MR HANCOX: Just to say that the RTBU supports the application, Commissioner.

PN17

THE COMMISSIONER: And Mr Johns?

PN18

MR JOHNS: Thank you Commissioner. As put to the Commission by my colleague, TransAdelaide has had discussion with the unions with respect to the adoption of the Family Leave test case provisions into the Salaried, Professional and Technical TransAdelaide Award 2001 and TransAdelaide consents to the amended draft order that is presented to the Commission.

PN19

THE COMMISSIONER: Yes. You have gone through the draft order, Mr Johns?

PN20

MR JOHNS: Yes I have Commissioner.

PN21

THE COMMISSIONER: Yes. Okay I can indicate then for the record that the Commission has before it now an application to vary the Salaried, Professional and Technical (TransAdelaide) Award 2001 to insert the Family Provisions test case standards as approved late last year by a Full Bench of this Commission in the Family Provisions decision published in print 082005. Having heard from the parties today I am satisfied that the variations sought by the ASU are consistent with the Full Bench decision and having perused the draft order I am satisfied that that accurately reflects the provisions sought.

PN22

Accordingly I can indicate to the parties that an order will be made that the award be varied in terms of the applications reflected in the draft order submitted today by the ASU. That award variation as indicated in the draft order will operate from the first full pay period commencing on or after today's date, 21 February 2006 and will remain in force for a period of six calendar months there from. As I indicated I have checked the order and given your explanations today, Ms Donaghy, that certainly seems to make sense. It appears to be in order.

PN23

The paperwork will be issued as soon as we can. I don't think there is anything further we need to say on the matter. Dispose of the hearing of the matter.

<ADJOURNED INDEFINITELY [10.12AM]