C2007/2464, Transcript of Proceedings [2007] AIRCTrans 143 (28 March 2007)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 16647-1

COMMISSIONER CRIBB

C2007/2464

APPLICATION BY AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION
Clause 29 Schedule 6 - Variation of transitional awards - general
(C2007/2464)

MELBOURNE

10.42AM, THURSDAY, 15 MARCH 2007

PN1

PN1

MR N HENDERSON: I appear for the ASU.

PN2

MR P EBERHARD: I appear from the Victorian Employers’ Chamber of Commerce and Industry and I appear on behalf of any VECCI member who may be a respondent to the particular Award.

PN3

THE COMMISSIONER: Thank you, Mr Eberhard. Mr Henderson.

PN4

MR HENDERSON: Thank you, Commissioner. This is an application under clause 29 of schedule 6 of the Workplace Relations Act to vary the Home and Community Care Award in its transitional form. I'll hand up a copy of one email which indicates service on the named respondent to the Award, Silver Circle Limited.

PN5

THE COMMISSIONER: Thank you.

EXHIBIT #A1 EMAIL

PN6

MR HENDERSON: Thank you, Commissioner. The application is to vary the Award along the lines of the wage allowance review 2006. We have discussed the draft order with Silver Circle and with Mr Eberhard. In relation to the order what the order does is varies the wages by increasing them in line with the decision of the Full Bench, $27.40 and $22. It also increases a wage related - in fact it is a wage for a 24 hour shift by using the work related allowances formula because the amounts set out in the shift comprises a rolled up rate of wages and disability allowance. Because of that it’s not possible to disaggregate that amount so that it could be increased on an hourly basis by the decision of the Full Bench and so as a consequence it is varied in line with the work related allowances formula and that’s the formula which has been used on the two previous occasions that I varied this Award.

PN7

The other matters that are dealt with in the order are the inclusion of the provisions relating to the National Training Wage Award and school based apprentices which is required by the Full Bench. The order also varies the supported wage provisions and the private motoring allowance. If the Commission pleases I'll hand up a draft order that illustrates all of that.

EXHIBIT #A2 DRAFT ORDER

PN8

MR HENDERSON: Yes, thank you, Commissioner. We request that an order be issued along the lines of the draft submitted to come into force the first pay period on or after today’s date and remain in force for a period of six months. If the Commission pleases.

PN9

THE COMMISSIONER: Thank you, Mr Henderson. Mr Eberhard.

PN10

MR EBERHARD: Commissioner, VECCI would not be opposing the application, however we would like the opportunity to be given seven days so that we can review the draft order and confirm with both Mr Henderson and also your chambers the accuracy of the order. If the Commission pleases.

PN11

THE COMMISSIONER: Thank you, Mr Eberhard. This matter is an application by the Australian Municipal, Administrative, Clerical and Services Union to vary the Home and Community Care Award 2001 pursuant to schedule 6 clause 29 of the Workplace Relations Act to give effect to the wages and allowances review 2006 decision PR002006. The Award currently before me is in its transitional Award form. The union seeks to increase the rates of pay in the Award by $27.40 per week where the rates are less than or equal to $699.96 per week and by $22 where the rates are more than $699.96 per week.

PN12

In addition expense related allowances are sought and other allowances are sought to be increased by the work related formula as contained in the glass industry full bench decision. In addition variation of the Award is sought to include the model clause relating to the National Training Wage Award and school based apprentices and also variation is sought to increase the supported wage and to include the clause regarding absorption. The application is not opposed by the other parties. Having heard the submissions of the parties I am satisfied that the variations sought meet the requirements of the Act and are consistent with the wages and allowances review 2006 decision.

PN13

Accordingly the union’s application is granted. The Award will be varied in terms of the draft order which has been tendered, exhibit A2, subject to the parties having seven days to agree on the final terms of the order. The order shall come into force from the first pay period to commence on or after today’s date, which is 15 March 2007, and shall remain in force for a period of six months. This matter is now adjourned.

<ADJOURNED INDEFINITELY [10.48AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 EMAIL PN5
EXHIBIT #A2 DRAFT ORDER PN7