AM2008/48, Transcript of Proceedings [2009] FWATrans 153 (26 March 2009)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 19998-1

SENIOR DEPUTY PRESIDENT HAMBERGER

AM2008/48

s.576E - Award modernisation

Application by
(AM2008/48)





Melbourne

10.05AM, WEDNESDAY, 18 MARCH 2009

PN1

MS J. MILES: If it pleases the Commission, I appear on behalf of the Australian Services Union.

PN2

MR W. ASH: If it please the Commission, I appear for the LHMU.

PN3

THE SENIOR DEPUTY PRESIDENT: We have also got nobody from the employers, at all. Well, who wants to go first? Perhaps Ms Miles.

PN4

MS MILES: Yes, thank you, your Honour. the ASU filed written submissions in regards to this matter on 6 March, the union does not repeat those submissions today but continues to rely on them. The ASUs concerns in this industry relate to the appropriate safety net award coverage for employees engaged in a clerical or an administrative capacity. Such employees are currently generally covered by common rule clerical and administrative awards, as noted in the union's submission. In stage one of the award modernisation process the Commission has made a Modern Clerks Award which is the operate as an occupational award, unless clerks are covered by a modern award operating in a particular industry. The ASU does not intend to make any submissions on whether there should be a modern award in this industry sector, other than to say that the scope of any such award should not include employees engaged in a clerical or administrative capacity. Such employees should be covered by the Modern Clerks Award. In this matter the ASU notes that the LHMU has submitted that there is no need for a separate award in this industry sector because of the significant changes in the nature and technology of photography. We do not oppose that proposition, however, we disagree with the LHMUs view that all employees in the sector be covered by the General Retail, the Entertainment and Broadcasting or the Manufacturing Awards alone. The specific area of concern in that LHMU submission are the references to clerical classifications. With clerks sales assistants referred to in the LHMU submission it would be our view only that they be covered by the Modern Retail Award if they are actually employed in a shop, otherwise they should be covered by the Modern Clerks Award.

PN5

THE SENIOR DEPUTY PRESIDENT: Who actually would we be talking about?

PN6

MS MILES: These are people that are working as - well, it says clerks sales assistants.

PN7

THE SENIOR DEPUTY PRESIDENT: But in a practical sense, I'm trying to visualise who we are actually talking about.

PN8

MS MILES: Unfortunately I don't know exactly what these classifications entail, perhaps Mr Ash could shed some light on that, but we would say that any person who is acting in a clerical capacity and as a clerk should be covered under the Modern Clerks Award, unless they're working in the shop.

PN9

THE SENIOR DEPUTY PRESIDENT: In the modern award, the proposed Modern Retail Award there aren't clerical - are there clerical classifications, I haven't actually had a look at it.

PN10

MS MILES: No, I don't think that there are.

PN11

THE SENIOR DEPUTY PRESIDENT: But they on the clerical classifications, so if someone is doing clerical work then they couldn’t be covered by the Retail Award as its currently drafted, is that right?

PN12

MS MILES: That's correct, that's my understanding as well, your Honour.

PN13

THE SENIOR DEPUTY PRESIDENT: I haven't checked, but yes, very well.

PN14

MS MILES: As for the accountants or chief clerk referred to in the LHMU submission, this is not a classification in the Retail Award and therefore should actually be covered by the Modern Clerks Award. For a clerk receptionist, which is referred to in the LHMU submission, it is not a classification in the current Entertainment Award because this doesn't include clerical classifications and should therefore be covered by the Modern Clerical Award and the group for clerical receptionist referred to in the LHMU submission, if primarily a clerical administrative function this should be covered by the Modern Clerks Award. The ASU also supports the submission of the AMWU, particularly in relation to the retention of modern occupational awards, such as the Manufacturing and Associated Industries and Occupations Award 2010 as well as the Clerks Private Sector Award 2010. If the Commission pleases.

PN15

THE SENIOR DEPUTY PRESIDENT: Thank you very much. Yes, Mr Ash.

PN16

MR ASH: Thank you, your Honour. We support the submissions of the AWUEQ in the observation that there is a significant overlap between the Modern Manufacturing Award or Manufacturing and Photography. However, we take this to what we see is the logical conclusion in that workers employed in the Photographic Industry are already covered in terms of the retail function in the Modern Retail Award and that the Modern Manufacturing Award could be easily expanded to include those who - - -

PN17

THE SENIOR DEPUTY PRESIDENT: In terms of retail, so people working in shops.

PN18

MR ASH: Yes.

PN19

THE SENIOR DEPUTY PRESIDENT: Does there actually need to be any amendment made to the proposed modern award. I mean if we didn't make a Photographic Award, and no one seems to be really strongly - well, no one here will argue for it anyway - would the people working in retail establishments or do we need to actually put something in the draft award. Have you had a look at that?

PN20

MR ASH: I have briefly, I don't see that we do, I believe that the - we may want to add an extra indicative task or descriptor, but I understand that there is already a Level 1 photographic employee.

PN21

THE SENIOR DEPUTY PRESIDENT: So it's actually referred to now?

PN22

MR ASH: It is. We note also that the AFEI has discussed the technological shift in the industry but has asked that the industry maintain a separate identity. We feel this has some internal contradictions and we don't support that position. We see a clear distinction between those workers who are employed at Harvey Norman or a Kodak outlet, where in the case of Harvey Norman you might buy a computer, an air conditioning unit, a digital camera and the retail worker would also print out your digital photos direct from a camera or storage device. In some instances the machines that perform this printing activity are self-service and all the customer is required to do is plug in and press "print".

PN23

We do not see that this requires any particular skill level or training that warrants a separate award and we note also again that there is that classification in the Retail Award which would be sufficient. Several of the NAPSAs in this industry have classifications such as storeman, sales assistant and other indicative titles which we feel have a natural home in the Modern Retail Award. There is clearly still a niche market for photography on film, for weddings, portraits and the like. This is a boutique industry, on a much reduced scale, however still one that should be acknowledged, for those stand alone laboratories involved in processing, and if the case may be, manufacturing film with no retail function, although our research hasn't picked up anything.

PN24

THE SENIOR DEPUTY PRESIDENT: So you are talking about whether there are any laboratories that process film as opposed to digital images - - -

PN25

MR ASH: That's right.

PN26

THE SENIOR DEPUTY PRESIDENT: - - - then they should be covered by the Manufacturing - or where would they fit?

PN27

MR ASH: Yes, we would see them being covered by the Modern Manufacturing Award.

PN28

THE SENIOR DEPUTY PRESIDENT: So you're saying you actually haven't been able to find - because obviously we don't have any large establishments.

PN29

MR ASH: No, we haven't any large ones.

PN30

THE SENIOR DEPUTY PRESIDENT: That used to be Kodak for a while, they had a factory but it's closed. So are you saying that there are - - -

PN31

MR ASH: Very small establishments, boutique establishments.

PN32

THE SENIOR DEPUTY PRESIDENT: Right. Look, I mean to be honest the only people I'm really wondering about I suppose potentially is people working in photographic studios, portrait.

PN33

MR ASH: This is what I am about to get onto. So we would see that those who are manufacturing film or what was killed racking and tanking I believe.

PN34

THE SENIOR DEPUTY PRESIDENT: So just again, do you think that the current proposed award, the Manufacturing and Associated Industries and Occupations Award 2010 actually needs any further amendment beyond what's there in the draft now?

PN35

MR ASH: I believe it does. I think we may have something in our written submission. It's not something I put together, I've only come across this very recently.

PN36

THE SENIOR DEPUTY PRESIDENT: I'm just having a look at your submission.

PN37

MR ASH: We have suggested an addition to that clause of the Manufacturing Association Industries and Occupations Award.

PN38

THE SENIOR DEPUTY PRESIDENT: So this is paragraph - - -

PN39

MR ASH: We have noted here that we would be - - -

PN40

THE SENIOR DEPUTY PRESIDENT: I see, you want to change the scope.

PN41

MR ASH: - - - ….. 4.2(vix) the processing and printing of photographs from film.

PN42

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Sorry, it is there, yes.

PN43

MR ASH: That is for employees that would be involved in the processing of film which involves chemical treatments, filtering, rack and tank transfers, machine operation and retouching/corrections. The skills and training required for this work bear much resemblance to manufacturing work and should be included in the Modern Manufacturing Award. Finally, as your Honour - - -

PN44

THE SENIOR DEPUTY PRESIDENT: Again, if you changed the scope clause do you actually need to put in - you don't need to put in special - I mean it will automatically fit within the skill levels that are there.

PN45

MR ASH: They would fall within the technical string that's already established.

PN46

THE SENIOR DEPUTY PRESIDENT: Yes, very well.

PN47

MR ASH: Finally those who are taking photographs professionally and we would submit there is a skill commonality between news photographers and those photographers whose classifications currently reside in the Photographic Industry and Pre-Reform Instruments, and as per our written submissions we suggest that these workers should be covered by an appropriate Media Modern Award when and if one is made. In line with this we also support the submissions of the ASU in that where there are clerks employed in the industry - - -

PN48

THE SENIOR DEPUTY PRESIDENT: So if you've got a photographic studio and somebody's job is a receptionist and there are people like that.

PN49

MR ASH: Yes, of course.

PN50

THE SENIOR DEPUTY PRESIDENT: They would actually be covered by the Clerical Award.

PN51

MR ASH: We would see that as appropriate.

PN52

THE SENIOR DEPUTY PRESIDENT: Yes, that makes sense.

PN53

MR ASH: And any other clerks in whatever capacity, I'm not sure what they'd be, but certainly they should be covered by the Clerks Occupational Award. If the Commission pleases.

PN54

THE SENIOR DEPUTY PRESIDENT: Very well. That was - - -

PN55

MR ASH: Painless.

PN56

THE SENIOR DEPUTY PRESIDENT: - - - brief, but that's OK. It does seem a bit of an anachronism, the idea of Photographic Award, and the existing NAPSAs quite frankly are pretty limited anyway. I will obviously make some recommendations to the Full Bench but I think it will be along the lines of what you put today which is basically shops are covered by the Retail Award, any manufacturing will be covered by the Manufacturing Award. It's going to be a little bit tricky what to do - and the clerical people - I mean really when we're talking about clerical people, we're probably talking about those kind of receptionists in a sort of photographic studio, I can't think of anybody else we could be talking about unless you're talking about a clerk in a photographic establishment. But there are no stand alone manufacturing - or there might be these very small manufacturers, they may have a clerical person, but as I say we can't actually find any of these.

PN57

Nevertheless there would be clerical people in the photographic studios, I'm sure there would be in some of the large - there would be, from my own experience. The trouble with finding a slot for actually the photographers is a bit tricky. I will probably just make a recommendation they be found a slot somewhere and leave it to who is making - because I have been doing journalism and you can't stick them in under journalism, even though photographers who are involved in newspapers and TV that's OK, but photographers who are working in a studio it's a bit difficult but I will see what we can do. I think that's probably all we need to do. Thank you.

<ADJOURNED ACCORDINGLY [10.16AM]