C2007/592, Transcript of Proceedings [2007] AIRCTrans 537 (11 October 2007)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 17535-1

COMMISSIONER RAFFAELLI

C2007/592 C2007/701

s.553(1) - Appl’n for variation of award (maintain min. safety net entitlements)
Application by Liquor, Hospitality and Miscellaneous Union
(C2007/592)

SYDNEY

11.48AM, WEDNESDAY, 26 SEPTEMBER 2007

PN1

MR N SWANCOTT: Commissioner, I appear for the Liquor, Hospitality and Miscellaneous Union.

PN2

MR S MAXWELL: If the Commission pleases, I appear on behalf of the Construction, Forestry, Mining and Energy Union.

PN3

THE COMMISSIONER: Is anyone appearing in Darwin on this matter?

PN4

MS S AMDAHL: Yes, Commissioner. I appear on behalf of the Chamber of Commerce, Northern Territory.

PN5

THE COMMISSIONER: Thanks, Ms Amdahl. Who wants to go - yes?

PN6

MR SWANCOTT: Commissioner, it will make life easier I think for all of us, including your associate, if I seek leave to withdraw matter C2007/592. The variations that the LHMU was seeking have been incorporated into the draft in matter C2007/701 and we have checked that draft and are satisfied with it. Thank you, Commissioner.

PN7

THE COMMISSIONER: Okay. Yes, Mr Maxwell?

PN8

MR MAXWELL: Thank you. Commissioner, this is an application to vary the Building Materials and Quarrying Industries (Northern Territory) Award 2002. The application seeks to increase the wage related allowances allowable under the Wages and Allowances Review 2007 decision, found in print PR002007. We also seek to increase the expense related allowances. Commissioner, in regard to the jurisdiction of Commission to do that, I’d refer to the decision of Watson VP found in print PR974478 in which he actually varied this award in October 2006. But in that decision he dealt with the jurisdiction of the Commission to vary expense related allowances in pre-reform awards and found that the Commission had jurisdiction to do so.

PN9

In regard to this application, the union circulated a draft order to the parties by fax on 19 September. I just seek to hand up a copy of the draft order that was circulated and a copy of the calculation schedule. We show how the expense related allowances were calculated.

PN10

THE COMMISSIONER: Yes, okay. Is that it?

PN11

MR MAXWELL: Commissioner, we submit that the application is in accordance with the jurisdiction of the Commission and we seek that the award be varied in accordance with the draft order submitted with an operative date being the first pay period on or after 1 October 2007. If the Commission pleases.

PN12

THE COMMISSIONER: Yes, thank you. Ms Amdahl?

PN13

MS AMDAHL: The Chamber of Commerce has no objections, Commissioner.

PN14

THE COMMISSIONER: Thank you.

PN15

In the circumstances the award will be varied and reflect the draft order. The variation will come into force from the first pay period to commence on or after 1 October 2007.

<ADJOURNED ACCORDINGLY [11.52AM]