C2007/820, Transcript of Proceedings [2007] AIRCTrans 520 (8 October 2007)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 17565-1

COMMISSIONER WHELAN

C2007/820 C2007/775 C2007/798 C2007/799 C2007/819 C2007/821

Clause 29 Schedule 6 - Variation of transitional awards - general
Application by Transport Workers’ Union of Australia
(C2007/820)

MELBOURNE

2.28PM, FRIDAY, 21 SEPTEMBER 2007

PN1

THE COMMISSIONER: Thank you, Mr Johnson.

PN2

MR JOHNSON: Thank you, Commissioner. I may just start with the Transport Workers Pauls Limited Northern Territory Award, this is C2007819. We received correspondence from Livingstones Australia, which I understand I've forwarded to the Commission, however, I have a copy here as well and this is indicating that that company on behalf of Parmalat Australia consents to, or does not object to the order being made in terms of the draft order that was served on the company.

PN3

THE COMMISSIONER: Yes, there was correspondence addressed to the industrial registrar which was passed on to me in those terms, Mr Johnson, yes.

PN4

MR JOHNSON: And on that basis I have a copy of the documents that were served on the company. May I hand those up for the record?

PN5

THE COMMISSIONER: Yes, pass that up, thank you.

PN6

MR JOHNSON: Once again, Commissioner, there's a copy of the documents that were served on the respondent party. The application, the draft orders, the calculations, the notice of listing and an order for substituted service with a fax cover sheet indicating that the documents were properly served on the company. We seek on that basis that the application be granted.

PN7

THE COMMISSIONER: Thank you, yes. On the basis of the material before the Commission I am satisfied that this application and draft order were served on the respondent. Further, correspondence sent to the Commission on behalf of the respondent indicates that there's no objection to the variation as sought, the variation being consistent with the decision of a Full Bench in the wages and allowance review, the application in this matter will be granted.

PN8

MR JOHNSON: Commissioner, the next application is in relation to the Gate Gourmet Services Transport Workers Award 2002. This is C2007821 and C2007820. I have copies of correspondence sent by employers first on behalf of the respondents. I also have copies of draft orders, amended draft orders that reflect negotiation between the parties and a copy of the documents that were served on the parties.

PN9

THE COMMISSIONER: Yes, I think we've also received - we have received correspondence from employers, first from Ms Keating, in which she indicates that there was a revision to the Transport Workers Award insofar as - sorry, to the application insofar as the matter in 821 was concerned in relation to item 9, which I think you just indicated that's been picked up in the revision of that draft, and that otherwise in relation to both applications that employers first consented to the variation. So the draft order that you've handed up now, Mr Johnson, that reflects the agreement reached with employers first in relation to the application in 821.

PN10

MR JOHNSON: It does, Commissioner. The only amendment that I would note is the amendment to the draft order in C2007820 which is the transitional application, and that's in item 2 where, once again, we've amended the Australian Fair Pay Commission to reflect the Australian Industrial Relations Commission with a reference to the print number of the Full Bench decision.

PN11

THE COMMISSIONER: Right. So it's a reference to the wages and allowances review decision, yes.

PN12

MR JOHNSON: That's correct.

PN13

THE COMMISSIONER: All right then. Okay, thank you. In relation to both of these applications I'm satisfied that the applications have been appropriately served. There are revised draft orders that have been handed up to the Commission today which reflect the agreement reached with the employers first in relation to the variation of the pre reform award, and there is also a minor variation in relation to the transitional award to reflect that the variation is in accordance with the wages and allowances review decision of 2007. In relation to both of these applications I'm satisfied that the requirements have been met and that therefore those awards should be varied in accordance with that decision.

PN14

MR JOHNSON: Thank you, Commissioner. The next application is in relation to the Transport Workers Breweries Consolidated Award 2004, this is C2007775 and C2007774. I have some copies of slightly amended draft orders and copies of the documents that were served on the respondent parties. I'll seek to hand those up.

PN15

THE COMMISSIONER: Yes, thank you.

PN16

MR JOHNSON: Commissioner, the only amendments in relation to these draft orders were in item - for the pre reform draft order that's item 1 in the over 2000 amount which was amended from $15.28 to $15.27, and in item 3 grade 3 from $27.23 to $27.22. In the transitional draft order the same amendments were made along with an amendment to item 2, which again reflects the wages and allowances review of 2007 rather than the Australian Fair Pay Commission decision. I've also provided a copy of the documents that were served on the respondent parties, including the applications, the draft orders, the calculations, the notice of listing and the order for substituted service. We say that the applications have been properly made and the documents served on the parties in accordance with the directions, and we seek that the applications be made.

PN17

THE COMMISSIONER: Thanks, Mr Johnson. On the basis of the material that's been handed up to the Commission I'm satisfied that in accordance with the Commission's direction appropriate service has been affected in relation to these applications. I'm also satisfied that the minor variations to the draft orders which have been handed up to the Commission today should make no difference to the respondents in terms of the fact that they were served with a draft order prior to those variations that have been made today. On the basis of all of that material I am satisfied that the orders as sought meet the requirements of the wages and allowance review decision of 2007 and that I should therefore vary these awards in accordance with that decision.

PN18

MR JOHNSON: Thank you, Commissioner. The remaining award for variation is Transport Workers (Caterair Airport Services) Award 1999, and this is in relation to C2007799 which is a pre reform application.

PN19

THE COMMISSIONER: 798 I think is the transitional.

PN20

MR JOHNSON: Apologies, Commissioner, 798 is the transitional, and the pre reform is 799. We have not heard back from the respondents in relation to this application, however, I would seek to hand up to you documents that were served on them.

PN21

THE COMMISSIONER: Thank you, Mr Johnson.

PN22

MR JOHNSON: Commissioner, this is a bundle of documents including a copy of the applications, a copy of the draft orders, the calculations which were the basis of the draft orders and copies of the notice of listing along with the order for substituted service. These documents were faxed to the respondent party, and we have not heard back from them. We seek that the application be granted.

PN23

THE COMMISSIONER: Thanks, Mr Johnson. Well, from the documentation that's been handed up I am satisfied that service was affected in accordance with the directions of the Commission and that the respondent was served with copies of the draft orders that are sought and are before the Commission today. I'm satisfied from those draft orders that they reflect the decision in the wages and allowances review of 2007, and that therefore the application in relation to both of these awards should be granted. Again, in relation to each of these awards the operative date will be 1 October 2007. That's the lot isn't it, Mr Johnson?

PN24

MR JOHNSON: That's the lot I think, thank you, Commissioner.

PN25

THE COMMISSIONER: I think that's all of them in fact that I have. Am I to expect any more from you?

PN26

MR JOHNSON: Hopefully not, Commissioner.

PN27

THE COMMISSIONER: Hopefully not. All right then, thank you, Mr Johnson. The orders will be issued shortly. Thank you.

PN28

MR JOHNSON: Thank you, Commissioner.

<ADJOURNED INDEFINITELY [2.40PM]