C2007/3336, Transcript of Proceedings [2007] AIRCTrans 554 (15 October 2007)

TRANSCRIPT OF PROCEEDINGS

---

Workplace Relations Act 1996 17577-1

COMMISSIONER TOLLEY

C2007/3336 C2007/505 C2007/518 C2007/519 C2007/524 C2007/525 C2007/528 C2007/529 C2007/531 C2007/766 C2007/765 C2007/2966 C2007/515 C2007760 C2007/768 C2007/3330 C2007/3331

Clause 29 Schedule 6 - Variation of transitional awards - general
Application by Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
(C2007/3336)

MELBOURNE

10.26AM, TUESDAY, 02 OCTOBER 2007

PN1

MR H SMITH: I appear on behalf of the Transport Workers Union of Australia, Victorian and Tasmanian Branch, on behalf of our federal office.

PN2

MS M GAYNOR: I appear on behalf of the AMWU in C2007/3336 and seek leave to intervene on behalf of the ACTU.

PN3

MR D MAMMONE: I appear on behalf of the Australian Chamber of Commerce and Industry together with MR S BARKLAMB. We have authorities to act on behalf of the Master Plumbers Mechanical Services Association of Australia, Victorian Employers Chamber of Commerce and Industry and Business SA as well as the Pharmacy Guild of Australia in relation to matter C2007/3336, which is the National Training Wage Award transitional matters, if it please the Commission.

PN4

MS K LAWLER: I appear on behalf of the Victorian Automobile Chamber of Commerce in respect of C2007/3336.

PN5

THE COMMISSIONER: Yes, thanks. Are there any objections to any of the matters listed before the Commission?

PN6

MR SMITH: No.

PN7

THE COMMISSIONER: You've listed them, Mr Smith, you better not have an objection. Mr Mammone?

PN8

MR MAMMONE: If it pleases the Commission, ACCI doesn't oppose the amended draft order sent to your chambers. We have liaised with the ACTU on matters of difference arising from that amended draft order. We agree with the draft order as it stands, but there is one matter, that is the date of effect, which will be one day retrospectively. On that matter we make no submissions of detail. On this occasion we do not oppose that date of effect. If it please the Commission.

PN9

THE COMMISSIONER: Yes, thank you. Ms Lawler?

PN10

MS LAWLER: Commissioner, VACC doesn't object, or consents to the proposed amended draft orders which have been issued.

PN11

THE COMMISSIONER: Doesn't object or consent?

PN12

MS LAWLER: Sorry, we consent.

PN13

THE COMMISSIONER: Yes, thank you. Do you want to have your say, Ms Gaynor?

PN14

MS GAYNOR: Thank you, Commissioner. Because the rates in the National Training Wage Aware are adjusted in a manner which is not the standard wages and allowances review increase the parties find it useful to put on record each time the method of calculation, so with the Commission's indulgence I will note that wage levels A, B, C, full time weekly rates, the top rates in those tables increased by 80 per cent of the wages and allowances review increase of $10.30. On this occasion 80 per cent of $10.30 is $8.24 rounded to the nearest dollar, those rates increased by $8.

PN15

With a couple of exceptions all other full time rates increased by a percentage of the $8.24 equal to the percentage that the rate is of the top rate, again rounded to the nearest dollar. The first exception to this is the lowest rates at each wage level which are depicted by percentages in parentheses which I calculated at wage level E, the second exception is the third rate under the year 10 column which equals the clause 11.7 school based training, it's the 11 rate. For the school based full time rates in clause 11.7 the year 12 rate is equal to the wage levels A, B and C rate for year 10 school leaver plus one year out of school, on this occasion $260.

PN16

The year 11 rate is 80 per cent of the 16 year old Victorian clerk grade one or grade two, first six months experience which, adjusted for the wages and allowances review, is $295.70, and that's in print PR978574, 80 per cent of that rate is rounded to the nearest dollar, $237. In clause 11.8.2(b) the rates for the adult training who is undertaking a traineeship, the Certificate IV qualifications, the first year of traineeship rates equal the wage levels A, B and C full time top rates plus 3.8 per cent, and the second year of traineeship rates are 3.8 per cent above the first year rates.

PN17

To calculate the part time rates in subclause 14.2.1 table 1 the full time rates are multiplied by 1.25 and they're divided by 38. The exception is a school leaver year 10 and 11 rates, which are based on school based year 11 and year 12 full time rates. And the school based part time rates I've taken you to and the adult training Certificate IV part time rates are calculated in the same manner as the other part time rates.

PN18

Commissioner, the ACTU thanks the ACCI for pointing out the errors in the original draft. If the Commission would like I can hand up an amended draft order.

PN19

THE COMMISSIONER: Thank you, that will assist us.

PN20

MS GAYNOR: If the Commission pleases.

PN21

THE COMMISSIONER: Thank you. Mr Mammone, you've scrutinised the draft order from memory?

PN22

MR MAMMONE: Yes, sir.

PN23

THE COMMISSIONER: Yes, thank you. The matter before the Commission in respect to the National Training Wage Award will be amended in the terms of the draft order tendered. I note your comments about the operative date being one day out, because today is 2 October, but the provisions for the increase to occur from the first pay period which occurs after. Most pay periods I think from memory run from either Wednesday to the next week or Thursday to the next week, but it's not payable from yesterday.

PN24

MR MAMMONE: Commissioner, that's our understanding of it. That's why we do not concede the point more generally about retrospectivity.

PN25

THE COMMISSIONER: Yes, I understand what you were saying, but just to clarify that to make sure in my mind anyhow, in the Commission's mind no one is being disadvantaged. Thank you for submissions. All the matters before the Commission will be varied to operate from the first pay period to occur on or after 1 October and, as I've already said, the changes to the new draft order tend to respect the national training wage, and will be despatched to the parties. Any orders that have not been served in draft forms on the parties will issue from my chambers no later than 5 pm today. The Commission is adjourned, thank you.

<ADJOURNED INDEFINITELY [10.34AM]