C2008/2868, Transcript of Proceedings [2008] AIRCTrans 599 (3 October 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 17653-1

COMMISSIONER RAFFAELLI

C2008/2868

s.553(1) - Application for variation of award (maintain min. safety et entitlements)
CPSU
and
Office of Commissioner for Public Employment
(C2008/2868)

SYDNEY

2.02PM, MONDAY, 22 SEPTEMBER 2008

THE FOLLOWING PROCEEDINGS WERE CONDUCTED VIA VIDEO CONFERENCE AND RECORDED IN SYDNEY

PN1

MS M. DONNELLY: Melissa Donnelly, CPSU.

PN2

THE COMMISSIONER: Thank you Ms Donnelly. In Darwin?

PN3

MS D. YALI: My name is Dianne Yali, I appear on behalf of the Office of the Commissioner for Public Employment.

PN4

THE COMMISSIONER: Thank you, yes Ms Donnelly. You can sit down, it's probably easier for the cameras.

PN5

MS DONNELLY: Commissioner, this is an application by the CPSU to vary the allowances in this award consistent with the fair pay Commission decision and on the grounds set out in that application. The two allowances that are being varied, the first is a meal allowance and it's being varied by reference to Darwin CPI rates which is consistent with past practice and the second is an on call allowance which has been varied by reference to the physical fall which is the key wage classification that has been used in various other applications in respect of this award. The application and notice of draft order was served on the employer and the other union parties by registered post on 16 September. I know that a number of those unions have contacted either myself and I have passed it on, or your Associate directly, indicating their consent as well.

PN6

THE COMMISSIONER: Yes.

PN7

MS DONNELLY: I think that there is only a couple that haven't, but they have been served with the - - -

PN8

THE COMMISSIONER: Yes, well there's quite a few responses from unions on the file indicating their support for the application in at least the case of some agreement to the provisions of the draft order. Yes, Ms Donnelly. Anything else?

PN9

MS DONNELLY: No, Commissioner.

PN10

THE COMMISSIONER: Yes, Ms Yali?

PN11

MS YALI: Thank you, Commissioner. Our office concurs with the submission from the CPSU and accepts the submissions made, thank you.

PN12

THE COMMISSIONER: Yes, the draft order I have. Thank you. The Commission indicates that this is an application to vary the award so that it accords with the wages and allowances review of 2008. On the basis of what is before me the Commission is satisfied that the award ought to be varied and it will be varied in terms of the draft order prepared by the CPSU. 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 adjourned.

<ADJOURNED ACCORDINGLY [2.05PM]