C2005/422, Transcript of Proceedings [2006] AIRCTrans 59 (9 January 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13935-1

SENIOR DEPUTY PRESIDENT KAUFMAN

C2005/422

APPLICATION BY INDEPENDENT EDUCATION UNION OF AUSTRALIA
s.113 - Application to vary an Award
(C2005/422)

MELBOURNE

9.13AM, FRIDAY, 09 DECEMBER 2005

PN1

MR A ODGERS: I appear for the applicant in this matter, the Independent Education Union of Australia.

PN2

MR J GOW: I am human resources manager for Vision Australia.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Odgers?

PN4

MR ODGERS: Your Honour, I had an opportunity to forward to your associate yesterday the order that was sought in this matter.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes.

PN6

MR ODGERS: Does your Honour have a copy of it?

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, I have.

PN8

MR ODGERS: Your Honour, also in the material we sent to you a copy of the calculations of the relevant adjustments including disability calculation for 2003.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes.

PN10

MR ODGERS: I have rechecked those and I believe that accurately reflects the amounts remembering that these are annualised salaries. Subject to any questions your Honour may have about the table I make the submission that these are applications pursuant to the safety new review wages decisions of 2002, 2003, 2004 and 2005. In each case the Full Bench required that parties to the award be given commitment and I give that commitment now in respect of the Vision Australia award.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes.

PN12

MR ODGERS: In varying this award, your Honour, we were alerted to the fact that this organisation formally referred to as the Royal Victorian Institute for the Blind has undergone a name change. It was not part of our original application to change the name of the organisation so I make an application, if it’s convenient for your Honour, pursuant to section 113 ….. to vary the name of the award and a couple of references in the award to Vision Australia Limited which the employers tell us is important to them.

PN13

THE SENIOR DEPUTY PRESIDENT: You’d better just spell that out for me, Mr Odgers. The award is currently - - -

PN14

MR ODGERS: Entitled the Royal Victorian Institute for the Blind (Educational Services) Award 1999.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes.

PN16

MR ODGERS: In the order - - -

PN17

THE SENIOR DEPUTY PRESIDENT: Yes, section - - -

PN18

MR ODGERS: - - - 1 through to 5 of the orders sought simply seek to change the title of the award and references to RVIB and replace them with references to Vision Australia Limited.

PN19

THE SENIOR DEPUTY PRESIDENT: Yes.

PN20

MR ODGERS: In addition to the safety net adjustments we’re also seeking today to give effect to the redundancy case supplementary decision.

PN21

THE SENIOR DEPUTY PRESIDENT: Just before you go to that, the wage increases sought I take it will not have an actual effect on .....

PN22

MR ODGERS: No, your Honour. No other variation sought today will have an effect .....

PN23

THE SENIOR DEPUTY PRESIDENT: Yes.

PN24

MR ODGERS: The organisation has a certified agreement currently past its nominal expiry date but the terms and conditions are still in existence based on the award.

PN25

THE SENIOR DEPUTY PRESIDENT: Yes. On your calculations, just as a matter of formality, there is a typographical error in level 12. The rate should be 47,036, not 46,036. But that is accurately set out in the draft order. I just draw that to your attention.

PN26

MR ODGERS: Thank you, your Honour.

PN27

THE SENIOR DEPUTY PRESIDENT: Yes, go on, Mr Odgers.

PN28

MR ODGERS: Thank you, your Honour. Your Honour, the other thing that we’re seeking to do today is to give effect to the redundancy case supplementary decision. In this respect we previously had cause to address your Honour concerning this, that the order that is sought is in slightly non-standard form for two reasons. The first is that periods of notice in this industry in awards are different to the standard periods of notice.

PN29

THE SENIOR DEPUTY PRESIDENT: Yes.

PN30

MR ODGERS: The second is that persons in this industry are not normally in receipt of payments such as overtime loadings. Teachers work fundamentally for the most part without standard hours without compensatory penalties, I think different leave and hours arrangements. So the orders in this matter and the orders in all of our other awards, including a matter you have heard recently on Life Education. The order here is in the same form as your Honour approved in the Life Education matter. The terms and conditions of the employer and the order is in that term because the terms and conditions of the employees are very similar to those in Life Education, another educational institution which is away from the mainstream of schooling education.

PN31

THE SENIOR DEPUTY PRESIDENT: Yes.

PN32

MR ODGERS: Subject to any questions your Honour might have those are my submissions in this matter.

PN33

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Odgers. Mr Gow?

PN34

MR GOW: The employer has no difficulty with the variation to the award and we’re in agreement with the variation occurring.

PN35

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Gow. I am satisfied that the variations are appropriate and accordingly the award will be varied in terms of the draft order that was sent to my chambers yesterday. It will come into effect on the first full pay period commencing on or after today’s date and remain in force for a period of three months. Yes, thank you. Adjourn the Commission, please.

<ADJOURNED INDEFINITELY [9.19AM]