C2008/266, Transcript of Proceedings [2008] AIRCTrans 557 (24 September 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 19144-1

COMMISSIONER RAFFAELLI

C2008/266

s.553(1) - Appl’n for variation of award (maintain min. safety net entitlements)
Application by Australian Municipal, Administrative, Clerical and Services Union
(C2008/266)

MELBOURNE

1.46PM, THURSDAY, 11 SEPTEMBER 2008

PN1

MR L MATARAZZO: I appear on behalf of the Australian Services Union.

PN2

THE COMMISSIONER: Yes, Mr Matarazzo, it's your application, what can you tell me?

PN3

MR MATARAZZO: Thank you. In respect to the Municipal Officers Northern Territory Award, your Honour, the ASU is seeking to vary the allowances in accordance with the Full Bench decision. I'm seeking to find my copy of the draft order, Commissioner, if you'd just bear with me one moment. The three allowances the ASU is seeking to vary are the meal allowance, the relevant first aid allowance and the meal and vehicle allowance. Your Honour, the ASU submits that we have used the relevant Australian Bureau of Statistics figures and the wage related allowances adjustment in accordance with the Furnishing and Glass Industries decision.

PN4

The substituted service was issued to all parties who are respondents or their employer organisation ..... and the ASU seeks that those three allowances are varied as per our draft order which we have submitted to all the parties and that it be effective from the first pay period commencing on or after 1 October 2008.

PN5

THE COMMISSIONER: I note the communication from APESMA that they have no objections to the variation. Mr Matarazzo, I think we have here details of - yes, you've informed the Northern Territory Chamber of Local Government Association and APESMA of these proceedings and at least we've heard from APESMA. Yes.

PN6

MR MATARAZZO: Thank you, yes. My apologies, APESMA are a joint respondent to this award.

PN7

THE COMMISSIONER: Yes.

PN8

MR MATARAZZO: We haven't heard any objections otherwise from - - -

PN9

THE COMMISSIONER: And you provided them with a draft order?

PN10

MR MATARAZZO: Most definitely, your Honour. They have been faxed to them. Yes, and the fact they appear as - well, they're not going to make any comment.

PN11

THE COMMISSIONER: Yes. Well, on the basis of what is before me I am satisfied that the application accords with the relevant requirements of the Act and is consistent with the decision of the Wages and Allowances Review 2008 Full Bench, accordingly the award will be varied to adjust those allowances as submitted by the applicant. The order will be made or will come into force on the first pay period to commence on or after 1 October 2008. These proceedings are now adjourned.

<ADJOURNED INDEFINITELY [1.50PM]