C2005/6091, Transcript of Proceedings [2006] AIRCTrans 372 (16 March 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14387-1

COMMISSIONER DANGERFIELD

C2005/6091

APPLICATION BY AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION
s.113 - Application to vary an Award
(C2005/6091)

ADELAIDE

10.07AM, THURSDAY, 02 MARCH 2006

Continued from 21/2/2006

PN1

MS F DONAGHY: I am from the Australian Services Union.

PN2

MR C CHARLES: I appear with MR G BENZIER for the Aboriginal Legal Rights Movement, the employer.

PN3

THE COMMISSIONER: Thank you. I do apologise, people, for the delay this morning. We have been running behind time. I hope it hasn't inconvenienced you too much. Ms Donaghy?

PN4

MS DONAGHY: Thank you, Commissioner. This application to vary the Aboriginal Legal Rights Movement Inc. (SA) Award 1999 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 and a draft order was forwarded to the Commission yesterday which I presume the Commission has.

PN5

THE COMMISSIONER: I should have and I don't appear to have it. This may be another one of those - I was aware that there was one on the way and it may be that it was faxed in or whatever. I have not received it and we had a problem the other day, I think in the State Commission, some sort of issue. Just ask my associate.

PN6

MS DONAGHY: Would you like another copy?

PN7

THE COMMISSIONER: All right. Well I am told it did come but all right thank you for that. Yes?

PN8

MS DONAGHY: Commissioner, this is single employer award and the draft order reflects the agreement reached from discussions between the union and the ALRM on how best to incorporate the new family friendly standards into the award. The personal leave and parental leave variations are taken directly from the model. We believed it wasn't necessary to vary the annual leave provision as the award currently provides that annual leave must be taken within two years and three months of it falling due and similarly there was no variation sought to the bereavement leave clause because the current entitlement is superior to the new model.

PN9

The only other matter of note, Commissioner, is that this variation does not pick up new entitlements for casual employees. That is because ALRM does not utilise casual employees. Indeed the award has no category of casual employment. Unless there was anything further, Commissioner, we would ask I think - unless there was anything else, Commissioner, we would ask that the variation take effect from the first pay period on or after today.

PN10

THE COMMISSIONER: Today's date, yes.

PN11

MS DONAGHY: And look, if the Commission would excuse me I am afraid I also should appear for the CPSU and I forgot to put that appearance at the beginning.

PN12

THE COMMISSIONER: Okay we will note that too.

EXHIBIT #ASU1 DRAFT ORDER

PN13

THE COMMISSIONER: That's the draft order presented by the union today, ASU1. Thanks. Mr Charles?

PN14

MR CHARLES: No submissions other than to say that the Aboriginal Legal Rights Movement consents to the order that has been proposed and to the date of the commencement.

PN15

THE COMMISSIONER: And you have perused the draft order?

PN16

MR CHARLES: Yes we have and my instructions are to consent to it and I don't think really there is much more I can say, with respect.

PN17

THE COMMISSIONER: Thanks Mr Charles. Well look I can indicate obviously that I have not yet perused in detail the draft order. I was aware that it was coming in. These are fairly standard issues, standard matters and I suppose subject to any major problem that I see in it today but that is most unlikely. I think I can safely say that I can make the order today, now. The Commission has before it then an application to vary the Aboriginal Legal Rights Movement Incorporated (SA) Award 1999 to insert into the award the Family Provisions test case standards as approved late last year by a Full Bench of this Commission in the Family Provisions decision of PR082005.

PN18

Having heard from the parties I am satisfied, subject as I say to some quick checking, that the variations sought by the ASU are consistent with the Full Bench decision and that the draft order accurately reflects the variations sought. I note the consent of the parties. Accordingly I order that the award be varied in terms of the applications reflected in the draft order submitted today by the ASU as ASU1. The award variation as indicated in section (b) of the draft order will come into operation from the beginning of the first pay period commencing on or after today's date, 2 March and remain in force for a period of six calendar months therefrom. If there is nothing further then from the parties, that I think will conclude the hearing of the matter and the order will be processed in due course.

<ADJOURNED INDEFINITELY [10.12AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ASU1 DRAFT ORDER PN12