C2008/304, Transcript of Proceedings [2008] AIRCTrans 563 (24 September 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 19112-1

COMMISSIONER RAFFAELLI

C2008/304

s.553(1) - Appl’n for variation of award (maintain min. safety net entitlements)
Application by Construction, Forestry, Mining and Energy Union
(C2008/304)

SYDNEY

9.58AM, WEDNESDAY, 10 SEPTEMBER 2008

PN1

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

PN2

THE COMMISSIONER: Yes, thank you, Mr Maxwell. There doesn't seem to be anybody in Darwin but I trust - well, we notified a number of parties and perhaps you will let me know as well, but it's your application, Mr Maxwell, what do you want to say?

PN3

MR MAXWELL: Thank you, Commissioner. This is an application to vary the Building Materials and Quarrying Industries (Northern Territory) Award 2002 to increase the wage related allowances and expense related allowances following the decision of the Full Bench and the wages and allowances review 2008. Commissioner, perhaps if I can just deal with some of the initial formalities.

PN4

The Commission sent a copy of a notice of listing to the union on 2 September 2008. On 3 September 2008 the union faxed a copy of the application, the notice of listing, a draft order and an expense related calculation schedule to the LHMU, the Territory Construction Association and the CCI of the Northern Territory. Commissioner, the union then also faxed a copy of the draft order and the expense related allowance schedule to the Commission on the same day.

PN5

Commissioner, the union submits that following the decision of the Full Bench in the Wages, Allowances Review 2008 decision, found in 2008AIRCFB635, that the Full Bench decided to increase minimum weekly rates in transitional awards by $21.70. Consistent with that decision - sorry, and to increase wage related allowances. Now, as this award is a pre-reform award it doesn't include the wage rates but it does include the allowances, and what we have sought to do is to increase the wage related allowances by 3.5 per cent and to increase the expense related allowances by the relevant CPI index. Commissioner, the expense related allowance calculation schedule that we sent to the Commission and the parties explains the basis on which we seek to vary the various expense related allowances and the different CPI figures that have been used.

PN6

Commissioner, we believe that the application - submit that the application is consistent with the decision of the Full Bench in the Wages, Allowances Review 2008 and is consistent with the way in which the Commission has varied expense related allowances previously. We therefore seek that the award be varied in accordance with the draft order submitted to the Commission with an operative date being the first pay period to commence on or after 1 October 2008, if the Commission pleases.

PN7

THE COMMISSIONER: Yes, thank you, Mr Maxwell. Well, first of all, I am satisfied that the other parties to the award, either direct parties or representatives of interested parties, have been notified and have not taken steps to appear, and that's not surprising given that this is a pretty standard flow on from the decision of the Wages and Allowances Review of 2008. I then am satisfied that the means by which or the way in which the award is varied, which is to adjust allowances both in terms of treating the work wage related allowances in a manner consistent with the wage movement and the expenses related allowances with moving them in terms of relevant cost of living - relevant indexes from the Australian Bureau of Statistics is appropriate.

PN8

Consequently, the draft variation, draft order presented by your organisation,
Mr Maxwell, will be made into an order and the order will come into force from the first pay period to commence on or after 1 October 2008. On that basis these proceedings are now adjourned. Thank you.

<ADJOURNED INDEFINITELY [10.04AM]