C2008/443, Transcript of Proceedings [2008] AIRCTrans 612 (8 October 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 17681

COMMISSIONER LAWSON

C2008/443

s.553(1) - Application for variation of award (maintain minimum safety net entitlements)

Application by CFMEU - Re: Wages and Allowances Review 2008
(C2008/443)

SYDNEY

10.07AM, TUESDAY, 23 SEPTEMBER 2008

PN1

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

PN2

THE COMMISSIONER: Thank you, Mr Maxwell. I note that there is no appearance from employers.

PN3

This matter is an application pursuant to section 553 of the Act by the CFMEU to vary the award, the Liquor and Accommodation Industry - Engine Drivers and Firemen - Breweries - Award 2001, to give effect to the Full Bench’s Wages and Allowance Decision 2008 and increase expense-related allowances.

PN4

I have a fax letter on the Commission’s file from the Fosters Group, Mr Maxwell. Are you privy to that? Do you have a copy of that?

PN5

MR MAXWELL: I am, your Honour.

PN6

THE COMMISSIONER: And that is to the Commission dated 19 September. The Fosters Group apologises for its non-attendance and consents to the variation as sought. Mr Maxwell, will you deal with the application, please?

PN7

MR MAXWELL: Thank you, Commissioner. Commissioner, as stated, this is an application to vary Liquor and Accommodation Industry - Engine Drivers and Firemen - Breweries - Award 2001, to flow on the decision of the Wages and Allowances Review 2008, decision of the Full Bench which is found in Print 2008 AIRC at B635.

PN8

Commissioner, in paragraph 14 of that decision, the Full Bench decided that wage rates, allowances in transitional and pre-reform awards, it was increased proportionately in accordance with the Commission’s normal principles.

PN9

Commissioner, on receipt of the notice of listing from the Commission on 16 September the union faxed a copy of the notice of listing, the application, a draft order and an expense-related calculation schedule to the parties to the award being Fosters and Boag. Commissioner, I seek to hand up a copy of the draft order and the expense-related calculations schedule.

EXHIBIT #M1 DRAFT ORDER PROVIDED BY MR MAXWELL
EXHIBIT #M2 EXPENSE-RELATED CALCULATIONS SHEET

PN10

MR MAXWELL: Commissioner, as this is a pre-reform version of the award, we only seek to vary the wage related allowances. The percentage used is 3.5 per cent. In regard to the expense related allowances there is only one in this award being the meal allowance and that has been calculated in accordance with the schedule identified as Exhibit M2.

PN11

Commissioner, we believe that the application conforms with the decision of the Full Bench in the Wages and Allowances Review 2008 and accordingly we would seek that the award be varied in accordance with Exhibit M1 with the operative date being the first pay period to commence on or after 1 October 2008. If the Commission pleases.

PN12

THE COMMISSIONER: Thank you, Mr Maxwell.

PN13

Having considered the application and the documents filed and documents now provided as tenders in these proceedings, it is the Commission’s decision that the award which is titled Liquor and Accommodation Industry - Engine Drivers and Firemen - Breweries - Award 2001 be varied in the terms as sought as set out in Exhibit M1 in today’s proceedings. An order to that effect will issue varying the award from the beginning of the first pay period to commence on or after 1 October 2008.

PN14

That concludes the matter. Thank you for your attendance, Mr Maxwell.

PN15

MR MAXWELL: Thank you, Commissioner.

<ADJOURNED ACCORDINGLY [10.12AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #M1 DRAFT ORDER PROVIDED BY MR MAXWELL PN9
EXHIBIT #M2 EXPENSE-RELATED CALCULATIONS SHEET PN9