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C2001/ 3647 , Transcript of Proceedings [2001] AIRCTrans 2230 (4 September 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DUNCAN

C2001/ 3647 

TEACHERS (ENGLISH LANGUAGE CENTRES OF AUSTRALIAN
UNIVERSITIES) CONDITIONS OF EMPLOYMENT AWARD 1998

C2001/3722

STUDENT UNION EMPLOYEES CORE CONDITIONS AWARD 1997

C2001/3723

VICTORIAN STUDENT UNION EMPLOYEES (PROFESSIONAL, ADMINISTRATIVE, CLERICAL, COMPUTING AND TECHNICAL STAFF) AWARD 1999

C2001/3724

NSW STUDENT UNION EMPLOYEES (PROFESSIONAL, ADMINISTRATIVE, CLERICAL, COMPUTING AND TECHNICAL STAFF) AWARD 1999

C2001/3725

MONASH UNIVERSITY STUDENT UNION INCORPORATED INTERIM AWARD 1999

C2001/3710

STAFF CONDITIONS OF EMPLOYMENT AWARD 1999
C2001/3711

RMIT TRAINING PTY LIMITED STAFF CONDITIONS OF EMPLOYMENT AWARD 1999

C 2001/3933

UNIVERSITIES AND AFFILIATED INSTITUTIONS ACADEMIC RESEARCH SALARIES (VICTORIA AND WESTERN AUSTRALIA) AWARD 1989

C2001/3934

AUSTRALIAN POST COMPULSORY & HIGHER EDUCATION ACADEMIC SALARIES (CONSOLIDATED AWARD 1989)

C2001/3653

NORTHERN TERRITORY - PROFESSIONAL, ADMINISTRATIVE,
COMPUTING AND TECHNICAL STAFF UNIVERSITY STUDENTS
UNION AWARD, 1996

C2001/3660

ACADEMIC STAFF (BATCHELOR COLLEGE) AWARD 1994

C2001/3861

PROFESSIONAL ADMINISTRATIVE CLERICAL
COMPUTING AND TECHNICAL (PACCT) STAFF
(INSTITUTES OF TECHNICAL AND FURTHER
EDUCATION) VICTORIA (INTERIM) AWARD 1999

C2001/3979

AUSTRALIAN UNIVERSITIES ACADEMIC AND RELATED STAFF (SALARIES) AWARD 1987

Application by the National Tertiary Education Industry Union pursuant to section 113 of the Act to vary re Safety Net Review

SYDNEY

11.10 AM, THURSDAY, 16 AUGUST 2001

C2001/ 3647 

TEACHERS (ENGLISH LANGUAGE CENTRES OF AUSTRALIAN
UNIVERSITIES) CONDITIONS OF EMPLOYMENT AWARD 1998

PN1

THE SENIOR DEPUTY PRESIDENT: Could I have appearances please.

PN2

MR R. SOLOMON: I appear for the National Tertiary Education Industry Union.

PN3

MR G. MEREDITH: I appear for the Australian Higher Education Industrial Association.

PN4

MR G. HARRIS: I appear for the University of Sydney.

PN5

THE SENIOR DEPUTY PRESIDENT: Mr Solomon?

PN6

MR SOLOMON: Yes, your Honour. This is C2001/ 3647  an application by the National Tertiary Education Industry Union pursuant to Workplace Relations Act Section 113 to varying Teachers (English Language Centres of Australian Universities) Conditions of Employment Award 1998 to give effect to the May 2001 safety net review in print PR2002/2001. The Award was last varied to give effect to the 2000 decision on 28 September 2000. This application was made on 4 July 2001 and copy of the application was forwarded to all parties.

PN7

A copy of the listing itself was forwarded to the parties on 25 July 2001. I have proof of service here as well as proof of our calculation to vary the award, which I will submit today. There are a couple of minor corrections which I would like to bring to your Honour's attention in relation to the application form and it should read form 64R6 Rule 22 rather than just form 6 and below this should read, this is just the application, Workplace Relations Act 1996 Australian Industrial Relations Commission.

PN8

More importantly I would seek to have item two of the application deleted. It was placed in the application erroneously. No order of course is sought with respect to redundancy payments and termination. I will also bring your Honour's attention to the adoption clauses, 7.1.5 in relation to the 2001 decision.

PN9

THE SENIOR DEPUTY PRESIDENT: Does this variation alter any allowances?

PN10

MR SOLOMON: Yes, it does, your Honour. I do also have the list of our calculation for those allowances. A responsibility allowance and also a calculation for the casual rates as well.

PN11

THE SENIOR DEPUTY PRESIDENT: Can you explain how it was done given the requirements of the glass manufacturers' case.

PN12

MR SOLOMON: Just in relation to the last year and the adjustment was increased as a percentage of level four full time rate and that increase as a percentage was applied to the previous allowance as of 2000.

PN13

THE SENIOR DEPUTY PRESIDENT: That can probably be called the key classification rate, can it.

PN14

MR SOLOMON: Yes.

PN15

THE SENIOR DEPUTY PRESIDENT: Was the amount of the increase in wages used, the appropriate figure for that particular rate in the award. To make more sense of that. There were three amounts awarded by the Commission from memory, $13, $14, $15 per week. As far as I am concerned, the appropriate figure for calculations would be the figure which applies to the adjustment to the key classification rate.

PN16

MR SOLOMON: That is right, your Honour.

PN17

THE SENIOR DEPUTY PRESIDENT: In this case that was what?

PN18

MR SOLOMON: In this case your Honour, that would have been an amount of - as an annual estimate, that would have been $887.

PN19

THE SENIOR DEPUTY PRESIDENT: Of course, it's expressed annually. That was based on $15 per week.

PN20

MR SOLOMON: $17 a week.

PN21

THE SENIOR DEPUTY PRESIDENT: Very well. Mr Meredith?

PN22

MR MEREDITH: Your Honour, it was confirmed when this award was last before you, last year, Mr Ford and I both recorded on transcript that the level 4 is recognised as the key rate. I am persuaded by the submissions that have just been put with respect to the adjustment to allowances. I should say, your Honour, the salary rates that are proposed, we have separately considered and we agreed subject to some differences of $1 per annum of different areas, which is the eternal bugbear of how different parties choose to round that up.

PN23

THE SENIOR DEPUTY PRESIDENT: Yes.

PN24

MR MEREDITH: I don't know that it's worth an argument. So those salary rates we consider to be acceptable and consistent with the principles of the 2001 Safety and Adjustment decision. I haven't had the opportunity to confirm the adjustment to the allowances or the positions of responsibility. As I have started to say, I am persuaded by the submissions that have just been put, so I am certainly cognisant of the fact that this ought to be a relatively routine proceeding. I would like, subject to your convenience, your Honour, I would like something of the order of 24 hours, just to confirm or to confirm my position with respect to the allowances.

PN25

I believe, I could be corrected, but I have not the opportunity previously, hearing the basis that has been put. I accept it on face value from what I have heard, but I would like the opportunity on behalf of those that I represent, and I will undertake to do that within 24 hours.

PN26

THE SENIOR DEPUTY PRESIDENT: Very well, Mr Meredith. Mr Harris?

PN27

MR HARRIS: Your Honour, the University of Sydney, after the explanation given by a representative of the NTEIU, off the top off my head, that explanation appears to have some weight. Likewise, your Honour, I haven't been in the position that an explanation or any correspondence detailing that calculation has been forwarded. I haven't been privy to negotiations directly with AHEIA. With NTEIU there have been representatives of another GO8 university in Melbourne who has been doing that.

PN28

Secondhand, I have had some information that there's been inaction in terms of correspondence. Likewise, your Honour, I don't wish to register any objection to the application going through today. I just would like to reserve our rights to check the calculations, and obviously, your Honour, if we disagree we would correspond with the parties, as well as the Commission, if your Honour pleases.

PN29

THE SENIOR DEPUTY PRESIDENT: Very well, Mr Harris. Thank you. Mr Solomon, does the union give the specific commitment to the absorption of the increase that is required by the principals?

PN30

MR SOLOMON: Yes, we do.

PN31

THE SENIOR DEPUTY PRESIDENT: Does the draft - yes, the draft does contain the clause that's required by the principals, and the rate n the award, is it a 1998 award because it was made then, or as a result of simplification?

PN32

MR SOLOMON: I understand it was as a result of simplification.

PN33

THE SENIOR DEPUTY PRESIDENT: That being the case, I take it there having been earlier increases granted, that the rates in the award have not been increased other than by safety net adjustments or as a result of the application of the minimum rates adjustment or work value change principles since November 1991, or whenever the award was made?

PN34

MR SOLOMON: Yes, that's correct.

PN35

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. That being the case, the application will be granted. It will take effect from today. However, the parties who have sought time to consider the calculations are granted that, and I give them seven days in order that there is sufficient time to happen, but on confirmation, the date of operation will be today or the first pay period on or after today. A formal decision will be saved until I have dealt with the other matters that are set down for 11 o'clock.

ADJOURNED INDEFINITELY [11.20am]

C2001/3722

STUDENT UNION EMPLOYEES CORE CONDITIONS AWARD 1997

PN36

THE SENIOR DEPUTY PRESIDENT: Could I have appearances in this matter, please?

PN37

MS ROBERTS: Sarah Roberts and I appear on behalf of the NTEU.

PN38

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN39

MS ROBERTS: This is an application under - I don't believe there are any other appearances.

PN40

THE SENIOR DEPUTY PRESIDENT: No, I note that there are no other appearances.

PN41

MS ROBERTS: This is an application under section 113 of the Workplace Relations Act for variation of the Student Union Employees Core Conditions Award, 1997 to give effect to the 1999 Safety Net Review Wages Decision, print R, 1999. The application was sent to the Commission on 2 July, 2001 and a copy of the application and draft order was also sent to the parties between 2 and 19 July. The notice of the listing was sent to the parties on 19 July and I have the brief of service for that. I also undertake to send those copies to the Commission this afternoon.

PN42

The application seeks to have the classification rates varied by $626 or $522 per annum to give effect to the 1999 decision and the required absorption clause is on the first and the second page of the draft order. I also sent through the calculation sheet which explains the annualised calculation.

PN43

THE SENIOR DEPUTY PRESIDENT: There is a problem as far as the earlier - well, it is really as far as the later variations are concerned. The omnibus approach is subject to principle 8C which states that in awards where the variation for an SNA arising from the April, 1999 May 2000 or May 2001 decisions is by consent.

PN44

MS ROBERTS: Yes, your Honour, however this application is only for 1999 - - -

PN45

THE SENIOR DEPUTY PRESIDENT: I'm sorry, I misunderstood you. The application itself, I thought - the application does say all three.

PN46

MS ROBERTS: The application I sent to the Commission - I had that down as just the 1999.

PN47

THE SENIOR DEPUTY PRESIDENT: Yes, there is a little bit of confusion. The application does merely seek 1999 one and we will go on the application. The covering letter to the Registrar says the variations vary to increase - I see what you've done there, you've put a list of awards and in some of them you will be seeking all three and in others you are not. I hadn't picked that up, Ms Roberts.

PN48

In this matter I am satisfied that the notice of listing has been served in accordance with the rules of the Commission and further and satisfied that when the variation issues at least 12 months will have elapsed since the rates in this award were increased in accordance with the earlier safety net review. I ask you, Ms Roberts, do you give, on behalf of the union, the specific commitment as to the absorption of the increase?

PN49

MS ROBERTS: We do, your Honour.

PN50

THE SENIOR DEPUTY PRESIDENT: Thank you. Further, have the rates in the award not been increased other than by safety net adjustments or as a result of the application of minimum rates adjustments or work value change principles since November, 1991 or the institution of the award?

PN51

MS ROBERTS: No, that has not, your Honour.

PN52

THE SENIOR DEPUTY PRESIDENT: Are there any allowances altered by the application?

PN53

MS ROBERTS: No, your Honour.

PN54

THE SENIOR DEPUTY PRESIDENT: Very well, the application is granted with effect from today. It will implement the decision of the Commission in April, 1999.

ADJOURNED INDEFINITELY [11.25am]

C2001/3723

VICTORIAN STUDENT UNION EMPLOYEES (PROFESSIONAL, ADMINISTRATIVE, CLERICAL, COMPUTING AND TECHNICAL STAFF) AWARD 1999

PN55

THE SENIOR DEPUTY PRESIDENT: Could I have appearances, please?

PN56

MS ROBERTS: Sarah Roberts, your Honour, I appear on behalf of the NTEU.

PN57

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Roberts.

PN58

MS ROBERTS: This application is similarly under section 113 of the Workplace Relations Act for variation of the Victorian Student Union Employees Professional, Administrative, Clerical, computing and Technical Staff Award, 1999, again to give effect to 1999 Safety Net Review Wages Decision, print R, 1999. The application was sent to the Commission on 2 July, 2001. A copy of the application and draft order was also sent to the parties on 2 and 3 July and notice of the listing was sent to the parties on 19 July this year and I have proof of service for that.

PN59

The application seeks to have the classification rates varied by $626 or $522 per annum to give effect to the 1999 decision and the quiet absorption clause is on the first and the second page of the draft order.

PN60

THE SENIOR DEPUTY PRESIDENT: And the union gives the specific commitment as to the absorption of the increase?

PN61

MS ROBERTS: Yes, your Honour.

PN62

THE SENIOR DEPUTY PRESIDENT: And the rates in the award have not been increased other than by safety net adjustments or as a result of the application of the minimum rates adjustment or work value change principles since November, 1991 or the institution of the award?

PN63

MS ROBERTS: No, they haven't, your Honour.

PN64

THE SENIOR DEPUTY PRESIDENT: The application is granted. It will take effect from the first pay period on or after today's date.

ADJOURNED INDEFINITELY [11.30am]

C2001/3724

NSW STUDENT UNION EMPLOYEES (PROFESSIONAL, ADMINISTRATIVE, CLERICAL, COMPUTING AND TECHNICAL STAFF) AWARD 1999

PN65

THE SENIOR DEPUTY PRESIDENT: Could I have appearances, please?

PN66

MS ROBERTS: Sarah Roberts, your Honour.

PN67

THE SENIOR DEPUTY PRESIDENT: There is no appearance on behalf of the employer party to the award, so we will proceed, Ms Roberts.

PN68

MS ROBERTS: This is an application under section 113 of the Workplace Relations Act for variation of the New South Wales Student Union Employees Professional, Administrative, Clerical, Computing and Technical Staff Award 1999 to give effect to all three of 1999, 2000, 2001 Safety Net Review Wages Decisions, Print R, 1999, Print S, 5000 and PR 002 001. The application is in accordance with the May, 2001 Safety Net Review Wages Statement of Principles, clause 8C which states:

PN69

In awards where the variation for a Safety Net adjustment arising from the April, 1999, May, 2000 or May, 2001 decisions is by consent and does not result in any increase in the wage rates actually paid to employees or increase the wage cost to any employer, any applicable 12 months delay between variations may be waived.

PN70

As per that decision, there is no cost impact arising from the proposed variations and all parties to the award as consenting and I have letters of consent from them to those - - -

PN71

THE SENIOR DEPUTY PRESIDENT: There is only one employer party, is there not?

PN72

MS ROBERTS: The New South Wales Student Employees - I believe there are five parties.

PN73

THE SENIOR DEPUTY PRESIDENT: And you have consents from all five - - -

PN74

MS ROBERTS: Yes, your Honour.

PN75

THE SENIOR DEPUTY PRESIDENT: - - - Employer parties?

PN76

MS ROBERTS: Yes, we do.

PN77

THE SENIOR DEPUTY PRESIDENT: Very well, that would appear to comply with principle 8C. I will need production of those consents, Ms Roberts and I ask you, does the union give the specific commitment to the absorption of the increase which is required by the principles?

PN78

MS ROBERTS: Yes, your Honour.

PN79

THE SENIOR DEPUTY PRESIDENT: And have the rates in the award been increased other than by safety net adjustments or as a result of the application of the minimum rates adjustment or work value change principles since November, 1991?

PN80

MS ROBERTS: No, they haven't, your Honour.

PN81

THE SENIOR DEPUTY PRESIDENT: I don't believe that there are any adjustments to allowances in this matter?

PN82

MS ROBERTS: That is correct, your Honour.

PN83

THE SENIOR DEPUTY PRESIDENT: Very well, the application meets the requirements of the principles. The undertaking has been given as required by the principles and the Commission takes note of the fact that the adjustment of the earlier safety net review decisions, that is of April, 1999 and May 2000 is by consent and does not result in any increase in the Wage Rates Act to be paid to the employees or increase the wage costs for any employer. Accordingly, any applicable 12 months' delay between variation may be waived. The application will issue as submitted. It will take effect on and from the first pay period commencing after today.

ADJOURNED INDEFINITELY [11.35am]

C2001/3725

MONASH UNIVERSITY STUDENT UNION INCORPORATED INTERIM AWARD 1999

PN84

THE SENIOR DEPUTY PRESIDENT: Could I have appearances, please?

PN85

MS ROBERTS: Yes, your Honour, I appear for the NTEIU.

PN86

THE SENIOR DEPUTY PRESIDENT: There's no appearance on behalf of the Monash University Student Union?

PN87

MS ROBERTS: No, I don't believe so, your Honour.

PN88

THE SENIOR DEPUTY PRESIDENT: Very well. Proceed, Ms Roberts.

PN89

MS ROBERTS: This is an application under section 113 of the Workplace Relations Act for a variation of the Monash University Student Union Incorporated Interim Award 1999 to give effect to all prayers for 1999, 2000 and 2001 safety net review wages decisions, print R1999, print S5000 and PR002001. The application is in accordance with the May 2001 Safety Net Review wages statement of principles, clause 8C. As per that decision, there is no cost impact arising from the proposed variations as the party to the award has a current enterprise agreement. In addition, I understand the parties consenting to the award, however, they have informed me that they would be presenting today to provide that consent and have not presented me that consent in writing.

PN90

THE SENIOR DEPUTY PRESIDENT: Do you give the commitment that is required by the principles?

PN91

MS ROBERTS: Yes, we do, your Honour.

PN92

THE SENIOR DEPUTY PRESIDENT: Have the rates in the Award been increased other than by safety net adjustments or as a result of the application of the minimum rates adjustment or work value change principles since November 1991?

PN93

MS ROBERTS: No, your Honour.

PN94

THE SENIOR DEPUTY PRESIDENT: What I'll do in this matter is reserve a decision in a formal sense and will proceed when the written consent, which is the easiest way to go now, is submitted to the Commission in relation to the single employer, who is involved in this Award, is that correct?

PN95

MS ROBERTS: Yes, your Honour.

PN96

THE SENIOR DEPUTY PRESIDENT: The order in that case will issue on receipt of the consent and its date of operation will take effect from the date of receipt of consent.

PN97

MS ROBERTS: Yes, your Honour.

PN98

THE SENIOR DEPUTY PRESIDENT: I think that concludes the 11.00 am series of matters. I will adjourn briefly in case there are people coming. I am going to proceed with the 11.30 am matters. I am satisfied that 11.30 has been reached.

ADJOURNED INDEFINITELY [11.40am]

C2001/3710

STAFF CONDITIONS OF EMPLOYMENT AWARD 1999

PN99

THE SENIOR DEPUTY PRESIDENT: Could I have appearances, please?

PN100

MR SOLOMON: Yes, your Honour, I appear for the National Tertiary Education Industry Union and I have Ms Floyd with me.

PN101

MR MEREDITH: If it pleases the Commission, I appear with Mr Fraser from the Walter Eliza Hall Institute. Your Honour, before I proceed, there's some inconsistency between the notice of listing that we have here in Melbourne and the notice of listing that you have in Sydney. The Walter Eliza Hall Institute Award did not appear on the notice of listing, here in Melbourne. We are happy to proceed but some of the other parties have joined us as the bar table in anticipation that another matter was going to be called on.

PN102

THE SENIOR DEPUTY PRESIDENT: Was that matter the RMIT Training Pty Ltd Pty Limited Staff Conditions of Employment Award?

PN103

MR MEREDITH: No, the matter that the running sheet in Melbourne tells us starts at 11.30 am, the first of those is the Victoria and Western Australian Research Award, to be followed by the Post Compulsory and Higher Education Act of Mixed Salaries Award.

PN104

THE SENIOR DEPUTY PRESIDENT: The Walter Eliza and the RMIT don't appear at all?

PN105

MR MEREDITH: No, your Honour.

PN106

MR SOLOMON: I have seen that listing. It was from the Walter Eliza Hall Institute in the knowledge of that listing also and we are happy to proceed on the itemised 14 June Award. But there is this other problem, your Honour.

PN107

THE SENIOR DEPUTY PRESIDENT: I'll go from the listing that I have in front of me which means we'll deal with the Walter Eliza Hall Institute matter first. I have taken appearances in this matter, so proceed please Mr Solomon.

PN108

MR SOLOMON: Yes, your Honour. This is an application by the NTEIU pursuant to the Workplace Relations Act, Section 113, to vary the Walter Eliza Hall Institute of Medical Research General Staff Conditions of Employment Award 1996. I have actually submitted a correction to that title, the Award originally named just General Conditions. That mistake has been rectified. It is to give effect to the May 2001 Safety Net Review in print PR002001. The Award was last varied to give effect to the 2000 decision on 31 July 2000. Our application was made on 11 July 2001 and a copy of the application was forwarded to all parties. A copy of the listing was forwarded to the parties on 19 July 2001 and I will submit proof service in respect of that.

PN109

There's also the same slight typographical error on form 6, that I again apologise. It should read, of course, form R6, rule 22 and then Workplace Relations Act 1996, Australian Industrial Relations Commission. Again, item 2 of the application should be deleted. No order is being sought with respect to redundancy payments and termination. Again, I apologise for that mistake that has appeared in a number of applications.

PN110

THE SENIOR DEPUTY PRESIDENT: Facts noted.

PN111

MR SOLOMON: Also in respect of this, the A3 of schedule A is now absorbed from clause with respect to the 2001 Safety Net Review Decision.

PN112

THE SENIOR DEPUTY PRESIDENT: Do you give on behalf of the Union the specific commitment as to the absorption of the increase?

PN113

MR SOLOMON: Yes, I do, your Honour.

PN114

THE SENIOR DEPUTY PRESIDENT: The rates in the Award have or have not been increased other than by safety net adjustments or as a result of the application of the minimum rates adjustment or work value change principles since November 1991?

PN115

MR SOLOMON: No, they haven't, your Honour.

PN116

THE SENIOR DEPUTY PRESIDENT: I don't believe, I'm looking at the papers, that there is any adjustment to allowances in this matter?

PN117

MR SOLOMON: There is not, your Honour.

PN118

THE SENIOR DEPUTY PRESIDENT: Very well. Mr Meredith?

PN119

MR MEREDITH: Thank you, your Honour. We have copies of the application, both the original and the amended application. We consider that the rates of pay have been correctly adjusted. We note that the appropriate undertaking is there in clause A3. The Institute consents to the application.

PN120

THE SENIOR DEPUTY PRESIDENT: Very well. I am satisfied that the requirements of the principles are met in regard to this particular application; note the consent of the respondent employer and grant the application with effect on and from the first paid period commencing after today; it being noted in particular that that is at least 12 months later than the rates in the Award were last increased, in accordance with the earlier safety net review decision.

ADJOURNED INDEFINITELY [11.45am]

C2001/3711

RMIT TRAINING PTY LIMITED STAFF CONDITIONS OF EMPLOYMENT AWARD 1999

PN121

THE SENIOR DEPUTY PRESIDENT: Appearances, please?

PN122

MR R. SOLOMON: Your Honour, from the National Tertiary Education Industry Union and with me I have MS. E. FLOYD.

PN123

MS KNOTT: Your Honour, I am from Minter Ellison and seek leave to appear on behalf of RMIT Training Pty Limited.

PN124

THE SENIOR DEPUTY PRESIDENT: No objection to the application for leave, Mr Solomon?

PN125

MR SOLOMON: No, your Honour.

PN126

THE SENIOR DEPUTY PRESIDENT: It is granted, Ms Knott.

PN127

Yes, Mr Solomon?

PN128

MR SOLOMON: This is an application by the NTEIU pursuant to the Workplace Relations Act section 113 to vary the RMIT Training Pty Limited Staff Conditions of Employment Award 1999 to give effect to the May 2001 safety net review in print PR002001. The award was last varied to give effect to the 2000 decision on 16 August 2000. The application was made on 11 July 2001 and a copy of this application was forwarded to all of the parties.

PN129

A copy of the listing was forwarded to the parties on 19 July 2001 and I submit proof of service. There is also the same typographical error in the application in relation to the form 6, it should read, Form R6 Rule 22 and below that, Workplace Relations Act 1996, Australian Industrial Relations Commission and again, we submit that item 2 should be deleted, there is no order sought with respect to redundancy payments and termination.

PN130

THE SENIOR DEPUTY PRESIDENT: That's noted.

PN131

MR SOLOMON: Also, your Honour, the absorption clause with respect to the safety net adjustment is clause 9.6 and there are no allowances in this particular award.

PN132

THE SENIOR DEPUTY PRESIDENT: Does the union give the specific commitment as to the absorption of the increase required by the principles?

PN133

MR SOLOMON: Yes, indeed, your Honour.

PN134

THE SENIOR DEPUTY PRESIDENT: Have the rates in the award been increased other than by safety net adjustments or as a result of the application of the minimum rates adjustment or work value change principles since November 1991 or the making of the award?

PN135

MR SOLOMON: No, they haven't, your Honour.

PN136

THE SENIOR DEPUTY PRESIDENT: Ms Knott?

PN137

MS KNOTT: Your Honour, the application is by consent, we have no objection to the application made.

PN138

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Knott. I am satisfied that the requirements of the principles have been met in this matter and it is noted that the application is by consent, accordingly the application is granted. It will have effect on and from the first pay period commencing after today.

ADJOURNED INDEFINITELY [11.50am]

C2001/3933

UNIVERSITIES AND AFFILIATED INSTITUTIONS ACADEMIC RESEARCH SALARIES (VICTORIA AND WESTERN AUSTRALIA) AWARD 1989

PN139

THE SENIOR DEPUTY PRESIDENT: Could I have appearances, please?

PN140

MR R. SOLOMON: Your Honour, I appear for the NTEIU and also, MS E. FLOYD.

PN141

MR S. SMITH: If the Commission pleases, I appear for Monash University.

PN142

MR M. WAUGH: If the Commission pleases, I appear for the University of Melbourne.

PN143

MR G. MEREDITH: If it please the Commission, I appear for the Australian Higher Education Industrial Association.

PN144

THE SENIOR DEPUTY PRESIDENT: Thank you, all of you. Yes, Mr Solomon?

PN145

MR SOLOMON: Your Honour, this is an application pursuant to Workplace Relations Act section 113 to vary the Universities and Affiliated Institutions Academic Research Salaries (Victoria and Western Australia) Award 1989 to give effect to the April 1999 Print R1999, the May 2000 Print S5000 and the May 2001 Print PR002001 safety net review decision. The award was last varied to give effect to the 1997 and 1998 safety net review wages decision on 21 July 1999.

PN146

This application was made on 13 July 2001 and a copy of the application was forwarded to all parties. A copy of the listing was forwarded to the parties on 25 July 2001 which sought the consent of the parties to the making of an order with respect to the 1999 and 2000 safety net adjustment. A letter was forwarded to them by facsimile on 3 August 2001 and I submit proof of service in respect of that.

PN147

There is also the same typographical error in the application, Form 6 to read, Form R6 Rule 22 and below that, Workplace Relations Act 1996 Australian Industrial Relations Commission. Again, your Honour, I apologise that Item 2 is to be deleted of the application, no order is sought with respect to redundancy payments and termination.

PN148

THE SENIOR DEPUTY PRESIDENT: That is noted.

PN149

MR SOLOMON: Thank you, your Honour. The absorption clause is clause 4B of the draft.

PN150

THE SENIOR DEPUTY PRESIDENT: Does the union give the commitment as to absorption required by the principles?

PN151

MR SOLOMON: Yes, we do, your Honour.

PN152

THE SENIOR DEPUTY PRESIDENT: Has there been any change to rates in the award, other than by safety net adjustments or as a result of the application of the minimum rates adjustment or work value change principles since November 1991 or the making of the award?

PN153

MR SOLOMON: No, there hasn't, your Honour.

PN154

THE SENIOR DEPUTY PRESIDENT: The clinical loadings are presumably by way of allowances, are they not?

PN155

MR SOLOMON: Yes, they have been adjusted, your Honour.

PN156

THE SENIOR DEPUTY PRESIDENT: What was the method used for their adjustment?

PN157

MR SOLOMON: Your Honour, the adjustment is to take the flat dollar amount, that is the annual increase and calculate it as a percentage of bottom salary point of Level A rounded to the nearest decimal point and apply that percentage to the other pay rates.

PN158

THE SENIOR DEPUTY PRESIDENT: It's put presumably that the bottom level point of Level A is the key classification rate in this award?

PN159

MR SOLOMON: Yes, it is, your Honour.

PN160

THE SENIOR DEPUTY PRESIDENT: All right then, I shall hear Mr Smith.

PN161

MR SMITH: Thank you, your Honour. With respect to the salaries, Monash University has had the opportunity to check the calculations and agrees with the calculations for the salaries however, we do have a difference in relation to the calculation of the increase in the clinical loadings consistent with the principles, in particular, principle 5, the adjustment of allowances and service increments Monash University's understanding is that it should be calculated in the same manner as the Glass Merchants formula and on that basis my calculations are different to the one that is being proposed by Mr Solomon for the NTEIU.

PN162

The way I have calculated my understanding of the Glass Merchants decision is you take the annual increment for each of the allowances, in 1999 the safety net adjustment was 522 per annum, for 2000 it was 783 per annum and the 2001 increase is 887 per annum for the safety net adjustment. That is a total of 2192 and using the key rate of Level A Step 1 after it has been adjusted for the first safety net but before the second safety net, I believe that is an increase of 6.93 per cent per annum.

PN163

Applying that percentage figure to the existing rates as at July 1999 I believe the correct rates for the full clinical loading should be 15,622, the Parra Clinical loading should be $10,429 and the pre-clinical loading should be $7,822 which there is some significant difference in the calculations put forward by the NTEIU.

PN164

THE SENIOR DEPUTY PRESIDENT: Yes, that is right. I'll go through the other employer representatives first before I come back to Mr Solomon on that, Mr Smith but equally relevant and a bit complicated is whether or not you consent to the adjustment because this is a triple movement incorporating movements in 1999 through to 2001 and that can only be done if it is done by consent.

PN165

MR SMITH: Subject to sorting out the increases for the clinical loadings we won't have a problem with the consenting to the increase in the salaries, it's the clinical loadings we have the issue with, your Honour.

PN166

THE SENIOR DEPUTY PRESIDENT: That is clear enough.

PN167

I'll go to Mr Waugh.

PN168

MR WAUGH: Thank you, your Honour. The university has had the opportunity to analyse the salary increase rates and is in agreement with those increases. I concur with Mr Smith as to concerns regarding the clinical loadings. The university would be prepared to support the application if we can reach agreement on the methodology for the clinical loadings.

PN169

THE SENIOR DEPUTY PRESIDENT: Very well, Mr Waugh, thank you.

PN170

Mr Meredith?

PN171

MR MEREDITH: Thank you, your Honour. Likewise, we consider that the adjustment to the salaries is substantially correct, again, there are various ..... per annum and the like but there may be some difference but they are of no moment. I do have a question about the Level E salary and the temporary rate that is proposed there. I think there is, perhaps inadvertently, some confusion, I think that is a rate that no longer applies, I believe that is a rate that no longer can have application, that only had application until 1992 and I don't know that there is any good purpose in retaining it.

PN172

I had sought to clarify this with the union but unfortunately discussion did not proceed. With respect to the application being an application to incorporate three discrete adjustments, provided that the figures are correct, that gives us no difficulty and we would indeed be prepared to consent to that. However, on that point, your Honour, we were somewhat surprised to be advised by member universities that correspondence had been sent direct to individual universities seeking their separate and individual consent to the abrogation of the three adjustments.

PN173

It may be of assistance to Mr Solomon for any future applications of this nature that he brings forward to perhaps contemplate dealing direct with the organisation that represents the bulk of universities on a question such as this. I support the submissions of Mr Smith and Mr Waugh with respect to what I also believe to be an incorrect application of the formula to adjust the allowances.

PN174

THE SENIOR DEPUTY PRESIDENT: Mr Solomon, two questions: what do you have to say in response to the allowance issue and the second, are all of the universities which are party to this award represented one way or another in the proceedings this morning?

PN175

MR SOLOMON: The first question, your Honour, is that we would consent to the figures as were given to you by Mr Smith, the adjustment figures, we've reconsidered the case in which he is talking about and agree with his amended figures, so we were happy to make redundant statements to put an amended award with the figures and the calculations as he referred to them.

PN176

The second question again, your Honour, was with respect to the consent of other parties?

PN177

THE SENIOR DEPUTY PRESIDENT: Yes, how can I be satisfied that all employer parties have consented?

PN178

MR SOLOMON: In respect to the issue of contacting other universities, as well as AHEIA, it's very unsure to us which universities are in and which are out of AHEIA and also, to ensure that all parties at least get notified at least once and that is directly from us, not expecting necessarily AHEIA to do our bidding. So that it is problematic, particularly with the GOAs that all parties are aware.

PN179

I've had some correspondence where parties have expressed some concerns regarding particularly the clinical loadings and so, it is very difficult with parties not present here today.

PN180

THE SENIOR DEPUTY PRESIDENT: Yes. Yes, Ms Floyd?

PN181

MS FLOYD: Your Honour, with respect to the point that Mr Meredith made about the second rates at Level E Melbourne University, that rate has always been in the award and to my knowledge there's never been any discussions about removing it. I contacted Melbourne University after speaking with Mr Meredith, I felt it was Melbourne University's - I should contact them to determine the matter, I've had no response and if Melbourne University is here and wants to make some submissions on that perhaps we could hear them. But it is in the award and there has never been any discussion about removing it.

PN182

THE SENIOR DEPUTY PRESIDENT: As to that, the application before me to day doesn't seek it's removal.

PN183

MS FLOYD: That is correct, your Honour.

PN184

THE SENIOR DEPUTY PRESIDENT: So, I wouldn't be removing it as a matter of course today but it is perhaps the least significant of the problems facing the application. I believe I have to be satisfied of the consent of all of the parties to the rolling up of the three adjustments. As Mr Meredith has pointed out, here has advantages for that because if it's here and consents, then for its members I'm satisfied.

PN185

But take, for example, the University of Melbourne, it's not represented today, is that correct?

PN186

MR SOLOMON: Your Honour, Mr Waugh is representing the university.

PN187

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Waugh. You have indicated the university's consent if the other matter was settled and it has been settled by Mr Solomon's response.

PN188

MR WAUGH: That is correct.

PN189

MS FLOYD: Your Honour, can I suggest as a way forward that the other universities that contacted us had similar problems with the allowances and given the fact that we have conceded that the allowances were wrongly calculated and we've accepted what has been put forward today, could I suggest that subject to that information being conveyed to the other six universities who are not represented and getting their consent that the orders would be made?

PN190

THE SENIOR DEPUTY PRESIDENT: Yes, I think that is the situation, I need to be convinced of their consent. It's been pointed out to me that you may not have to contact all six because the award would not apply, for example, to the University of Sydney.

PN191

MS FLOYD: Sorry, I had the wrong award, your Honour, that is correct, it would only be Monash - Monash is here, it's only Western Australia.

PN192

MR MEREDITH: Your Honour, if I could bring to your Honour's attention and the other parties, a letter from the University of Western Australia dated 15 August which consents should the issue of the loadings, as I understand it, be resolved.

PN193

THE SENIOR DEPUTY PRESIDENT: That deals with Western Australia, what is the position in regard to Adelaide?

PN194

MS FLOYD: They are not covered by this award, your Honour.

PN195

THE SENIOR DEPUTY PRESIDENT: Of course, yes, we're all having trouble grasping that.

PN196

MS FLOYD: So, we have consent from everyone.

PN197

THE SENIOR DEPUTY PRESIDENT: I think you do. What I will do is this, I will formally note that I am satisfied that the principles have been complied with, particularly in relation to the rolling up of the three safety net review wages decisions in one and am satisfied that the consent of all parties has been given to the increases being implemented in that way. I note that the NTEU accepts the analysis or calculations of the movement in the allowances put forward on behalf of various employers and subject to receipt of a further draft which has been circulated to those here and the relevant universities in Victoria and Western Australia.

PN198

MR SOLOMON: Your Honour, could I interrupt for a moment please, we notice that there are a number of research institutes who are respondents to this award, parties to this award, I should say.

PN199

THE SENIOR DEPUTY PRESIDENT: Yes.

PN200

MR SOLOMON: So we will have to seek to get their consent as well.

PN201

THE SENIOR DEPUTY PRESIDENT: I must have their consent, that is an incontrovertible fact. So I vary that. Thank you, Mr Solomon for bringing that to my attention. I will leave it on the basis that I need to be satisfied that all parties have consented. The record will show that a number have and particularly, members here have and the universities represented individually today have also.

PN202

There are other parties I am now advised which need to show their consent. If that is forthcoming, the draft order will be used subject to the variation being put in, in relation to the clinical loading which has been suggested by Mr Smith, I believe was the first to raise it. The order will take effect on and from the first day of payment after receipt of all of the consents. I think that completes that matter, a particularly untidy little matter. Thank you.

ADJOURNED INDEFINITELY [12.05pm]

C2001/3934

AUSTRALIAN POST COMPULSORY & HIGHER EDUCATION ACADEMIC SALARIES (CONSOLIDATED AWARD 1989)

PN203

THE SENIOR DEPUTY PRESIDENT: Could I have appearances please?

PN204

MR R. SOLOMON: Yes, your Honour, Russell Solomon and MS ELEANOR FLOYD, for the NTEIU.

PN205

MR S. SMITH: If the Commission pleases, Smith, initial S, for Monash University.

PN206

MR N. WAUGH: If the Commission pleases, Waugh, initial N, for the University of Melbourne.

PN207

MR G. MEREDITH: If it pleases the Commission, Meredith, initial G, for the Australian Higher Education Industrial Association.

PN208

MR G. HARRIS: If the Commission pleases, Harris, initial G, for the University of Sydney.

PN209

THE SENIOR DEPUTY PRESIDENT: Thank you. Well, Mr Solomon?

PN210

MR SOLOMON: Your Honour, this is an application by the NTEIU pursuant to Workplace Relations Act, section 113, to vary the Australian Post Compulsory and Higher Education Academic Salaries Consolidated Award (1989), to give effect to the April 1999 print R19, May 2000 print S5000 and May 2001 print ER002001, safety net review decisions. The award was last varied to give effect to the 1997 and 1998 safety net review wages decisions on 10 January 2000.

PN211

The application was made on 13 July 2001 and a copy of the application was forwarded to all of the parties. A copy of the listing was forwarded to the parties on 25 July 2001. It sought the consent of the parties to the making of an order with respect to the 1999 and 2000 safety net adjustments and a letter was forwarded to them by facsimile on 3 August 2001 and I have prove of service to be submitted. Again I beg your indulgence. The minor typographical error in relation to "form 6", again it should read "former 6, 4.2", with "Workplace Relations Act (1996) Australian Industrial Relations Commission" under that and we of course want to delete item 2 of the application, as no order is sought with respect to redundancy payment and termination.

PN212

THE SENIOR DEPUTY PRESIDENT: That is noted.

PN213

MR SOLOMON: There are no allowances in this award and we of course refer to principle 8C in relation to the previous varied adjustments.

PN214

THE SENIOR DEPUTY PRESIDENT: Do you give the commitment on behalf of the union that relates to the absorption of the increases?

PN215

MR SOLOMON: Yes, we do, your Honour.

PN216

THE SENIOR DEPUTY PRESIDENT: Have the rates in the award been increased other than by safety net adjustments or as a result of the application of the minimum rates adjustment or work value change of principles since November 1991 or the making of the award?

PN217

MR SOLOMON: No, hey haven't, your Honour.

PN218

THE SENIOR DEPUTY PRESIDENT: I might as well get this out into the open. In your view, is there still a matter to be sorted out as far as adjustments to allowances are concerned?

PN219

MR SOLOMON: No, there are no allowances on this matter, your Honour.

PN220

THE SENIOR DEPUTY PRESIDENT: There are no allowances, very good.

PN221

MR SOLOMON: No and the absorption clause is clause 1B of our draft order, I should add, your Honour.

PN222

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Smith?

PN223

MR SMITH: I understand Mr Meredith is going to make submissions first, your Honour.

PN224

THE SENIOR DEPUTY PRESIDENT: Very well. Mr Meredith?

PN225

MR MEREDITH: Thank you, your Honour. The salary rates that are proposed in the application we concur with, save for the salary that is proposed for level E. Now I need perhaps to be certain that there hasn't been some other amended application that may have found its way to individual universities but not found its way to the registered organisation. I have not seen an amended application. Your Honour, we believe that the appropriate rate for level E as shown, if in your application its ill shown as a rate of 78,288 per annum, we believe that rate should be - and this is perhaps an unusual position for the employer advocate to be in - we believe that rate should be 82,387.

PN226

THE SENIOR DEPUTY PRESIDENT: Well I confess that the application,as it stands before the Commission, is the lower rate, Mr Meredith.

PN227

MR MEREDITH: We believe that the rate that's shown there is an incorrect transposition of a temporary rate that is shown in the earlier prints of the award and again I have sought to discuss this in detail with the relevant officers at the union, but they were unavailable to attend the scheduled meeting to discuss this particular matter. I believe that the application incorrectly carries across a temporary rate of level E that should have disappeared in September 1991. I believe that the appropriate rate should in fact be 82387.

PN228

To the extent that this has not been picked up by any of the parties in the past, it ought to have been. That of itself is no reason, in my respectful submission, to allow the error to further compound. Again, your Honour, we were somewhat bemused - given the earlier brief discussions that I have had with respect to this error in the rate, we were somewhat bemused that nonetheless the same pro forma letter went to individual employers, members of AHEIA seeking their consent.

PN229

Subject to clarifying that matter however, your Honour, we consider that the application elsewhere is properly and competently brought. We have examined the various particular sessional rates that are detailed in Part V, the part time non-fractional rates. Again, save for one or two sets in a couple of cases, which is clearly contributable to which version of rounding is preferred, subject to very minimal differences we consider those rates to be properly calculated. So with the caveat of what I believe to be the incorrect rate being shown at level E, subject to that we think the application ought to proceed and we would consent to a proceeding, again subject to clarification of that matter.

PN230

THE SENIOR DEPUTY PRESIDENT: Yes, well I'm sure that it will be heavily opposed by the union when it gets to their turn again. Mr Smith?

PN231

MR SMITH: Thank you, your Honour. Monash University has had the opportunity to check the rates and we do not have any problems with the rates as calculated and we agree to those rates and as Mr Meredith has alluded to, there are one of two minor differences in the sessional rates of pay, but of no significance and we agree to the rates as proposed, subject to what Mr Meredith has said concerning the level E rate.

PN232

THE SENIOR DEPUTY PRESIDENT: Yes. I might point out generally that when parties have raised the possible difference over rounding off matters, I'm taking it - and Mr Smith was quite clear on this. I don't say this because of what you have just said, Mr Smith. I take it that it has been raised, but that's all that happens. It does not prevent my taking the rates to be agreed.

PN233

MR SMITH: No, that's correct, your Honour, we agree to those rates.

PN234

THE SENIOR DEPUTY PRESIDENT: Very well. Mr Waugh?

PN235

MR WAUGH: Thank you, your Honour. The University of Melbourne has had the opportunity to review the application and is in agreement with salary rates and the part time non-fractional rates and will consent the order pending the issue which Mr Meredith has raised regarding the level E, if it pleases the Commission.

PN236

THE SENIOR DEPUTY PRESIDENT: Mr Harris?

PN237

MR HARRIS: Your Honour, likewise, the University of Sydney is in a similar position to the University of Melbourne and Monash. Your Honour, Mr Meredith has only referred to the 2001 figure of 82,387. Just for the record, likewise we suggest that the figure for 2000 should be 81,501. There may be an argument about rounding. For the 1999 figure, it should be 80,718. But likewise, the University consents to this application subject to some tidying up of the level E rate and I'm sure the parties can do that in the next seven days, your Honour, if the Commission pleases.

PN238

THE SENIOR DEPUTY PRESIDENT: Very well, Mr Harris. Mr Solomon?

PN239

MR SOLOMON: Yes, your Honour. Ms Floyd would like to speak about the history of this particular level E.

PN240

THE SENIOR DEPUTY PRESIDENT: Very well.

PN241

MS FLOYD: Your Honour, just to clear up why there is this problem, when we appeared last time to vary the safety net increases up to 1998, the NTEIU submitted a draft order, the AHEIA submitted an alternative order. The NTEIU's draft order had the rate of level E at 80,196 and the AHEIA's order had the rate at 76,096. Now it was the AHEIA's order that the Commission accepted. So it actually has nothing to do with what happened in 1991, it has to do with the mistake in the AHEIA's draft order last time. Now the Commission accepted that draft order and we didn't pick it up at the time. We have no problem about that mistake being rectified this time around.

PN242

THE SENIOR DEPUTY PRESIDENT: I see, yes, so you agree with that. generally speaking, do the parties accept Mr Harris' contribution about altering the other levels - the other time rates?

PN243

.....: Yes, we do.

PN244

THE SENIOR DEPUTY PRESIDENT: Very well.

PN245

MS L. GALE: Your Honour, could I enter an appearance? I'm afraid I wasn't swift enough when the appearances were done earlier. My name is Linda Gale, I appear for the Australian Education Union and we are also party to this award. I would simply like to record that we also consent and give the requisite undertakings.

PN246

THE SENIOR DEPUTY PRESIDENT: Most important that you did so. Thank you, Ms Gale. I turn to the question of consent. I hear consents. Monash does, Melbourne does, Sydney does, the AEU does. What about the University of Adelaide, the University of New South Wales, the University of Queensland?

PN247

MR SOLOMON: The University of Queensland has written to me, your Honour, and has indicated similar concerns that have been raised I think by Monash University.

PN248

THE SENIOR DEPUTY PRESIDENT: That's to the adjustment of the clinical rates, is it?

PN249

MR SOLOMON: No, not in relation to this. It's in relation to the level E rate.

PN250

THE SENIOR DEPUTY PRESIDENT: Yes.

PN251

MR SOLOMON: But otherwise consents.

PN252

THE SENIOR DEPUTY PRESIDENT: The ANU has written to the Commission saying it consents as long as the Commission is satisfied that the drafts proposed are consistent with the Full Bench's statement of principles. I think that means that I need consent from the University - - -

PN253

MR SOLOMON: Again I have on file a letter from the University of Queensland, consenting other than in relation to the calculations for the back dated amounts. But that's relating to another matter coming on, I'm sorry.

PN254

THE SENIOR DEPUTY PRESIDENT: Now it would appear that someone said down there that they have a letter from the University of Queensland which in effect consents.

PN255

MR SOLOMON: No, it's in relation to another matter coming on, I'm sorry, your Honour.

PN256

THE SENIOR DEPUTY PRESIDENT: I see. So it is necessary that there be consent obtained from the University of Queensland, the University of New South Wales, the University of Western Australia, the University of Adelaide. There are four outstanding. I will do the same in this matter as I have in the others. That is that I intend to grant the application subject to the production of satisfactory evidence of consent by the University of Queensland, the University of New South Wales, the University of Western Australia and the University of Adelaide.

PN257

I am satisfied that the principles are met in relation to the application and in particular I note that there is to be an amendment to the level E figures which has been discussed in proceedings this morning and the NTEU is directed to supply a redraft which incorporates those figures. The amendment will take effect, or the variation will take effect on and from the first pay period commencing after the last of those consents is received by the Commission.

ADJOURNED INDEFINITELY [12.15pm]

C2001/3653

NORTHERN TERRITORY - PROFESSIONAL, ADMINISTRATIVE,
COMPUTING AND TECHNICAL STAFF UNIVERSITY STUDENTS
UNION AWARD, 1996

PN258

THE SENIOR DEPUTY PRESIDENT: Could I have appearances please?

PN259

MS E. FLOYD: I appear on behalf of the National Tertiary Education Industry Union.

PN260

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Floyd. There is no appearance by anyone else. Go ahead Ms Floyd.

PN261

MS FLOYD: Your Honour, this is a section 113 application consistent with Work Place Relations Act to vary the Northern Territory Professional Administrative Computing and Technical Staff University Students Union Award 1996 to give effect to the April 1999, May 2000, May 2001, safety net review wages decisions in print R1999, S5000 and PR002001. The application was sent to the Commission on 6 July 2001, a copy of that application was sent to the student union on 9 July 2001 and a copy of the listing was sent on 24 July 2001 and I have copies of the verification of service.

PN262

In accordance with the statement of principles in 8C list vary this award for the last three safety net increases. There is no cost increase to the employers and I do not have formal consent from the employers but I did contact the employers as late as yesterday and the president did tell me that he was consenting to it, I do not have that consent in writing yet so I will seek from the Commission an order from today or from the date of that consent and I seek undertake to get that consent in writing.

PN263

The required commitment for absorption has been given and that can be found at 22(1)(B) on the second page. If there are no further questions we commend the application to - - -

PN264

THE SENIOR DEPUTY PRESIDENT: The rates in the award have not been increased other than by safety net adjustments or as a result of the application of the minimum rates adjustment or work vary change principles since November 1991 or the making of the award?

PN265

MS FLOYD: No, they have not, your Honour.

PN266

THE SENIOR DEPUTY PRESIDENT: I note that what you say about the Commission, I accept that as the specific commitment as to the absorption of the increase. I am satisfied that the application meets the requirements of the principles in every regard including those necessary for the rolling up of the last three safety net review adjustments subject to receipt by the Commission of the consent of the employer respondent to the award in writing. The date of operation of the variation will be on and from the commencement of the first pay period after the date of receipt of the consent in writing.

ADJOURNED INDEFINITELY [12.25pm]

C2001/3660

ACADEMIC STAFF (BATCHELOR COLLEGE) AWARD 1994

PN267

THE SENIOR DEPUTY PRESIDENT: Could I have appearances please?

PN268

MS E. FLOYD: I appear on behalf of the National Tertiary Education Industry Union.

PN269

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Floyd.

PN270

MS L GALE: I appear on behalf of the Australian Education Union.

PN271

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Gale.

PN272

MR G. MEREDITH: I appear on behalf of the Batchelor College.

PN273

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Meredith. Ms Floyd?

PN274

MS FLOYD: Your Honour, this is a section 113 application to vary the Academic Staff (Batchelor College) Award 1994 to give effect to the April 1999, May 2000 and May 2001 safety net review wages decision in print R1999, S5000 and PR002001. An application was sent to the Commission on 6 July 2001, a copy of that application was sent on 9 July 2001 to all of the parties and on 24 July a notice of listing was sent to all parties and I have confirmation of those services.

PN275

In accordance with the statement of principles at 8C there will be no increase in cost to the employer as there is an enterprise bargaining agreement in place and I understand we have the consent of all the parties which will satisfy the principle 8C. We give the necessary absorption commitment and that can be found on the second page at 91B. We commend the application, your Honour.

PN276

THE SENIOR DEPUTY PRESIDENT: Have the rates in the award been increased other than by safety net adjustments or as a result of the application of the minimum rates adjustment or work value changed principles since November 1991 or the making of the award.

PN277

MS FLOYD: No, they have not, your Honour.

PN278

THE SENIOR DEPUTY PRESIDENT: Very well. There are no allowances adjusted in this application.

PN279

MS FLOYD: That is correct, your Honour.

PN280

THE SENIOR DEPUTY PRESIDENT: Ms Gale?

PN281

MS GALE: Your Honour, the Australian Education Union supports the application and gives the necessary undertakings.

PN282

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Gale. You mentioned you have the consent Ms Floyd. Do you have it in writing?

PN283

MS FLOYD: No, your Honour, the parties are all here.

PN284

MR MEREDITH: I appear for the College.

PN285

THE SENIOR DEPUTY PRESIDENT: I ignored you Mr Meredith. Yes, Mr Meredith?

PN286

MR MEREDITH: Your Honour, the College and myself have discussed the calculation of the salary rates and we agree that they are properly calculated. I am pleased to see that the level E rate is the rate that you think is appropriate that is, 82388. I draw your attention to clause 91(b), your Honour, the appropriate undertaking it commences with the sentence:

PN287

That the rates of pay in this award include ...(reads)... wages May 2001 decision.

PN288

We think a couple of lines perhaps got incorrectly transposed in the word processing, we accepted the intent of that is to give the requisite undertaking but it might be better for all concerned if it was perhaps, made more accurate.

PN289

THE SENIOR DEPUTY PRESIDENT: Yes, I agree with that.

PN290

MR MEREDITH: Other than that, your Honour, the College consents to the application as lodged.

PN291

THE SENIOR DEPUTY PRESIDENT: Very well. Subject to receipt of an amended draft order from the NTEU which expresses clause 1(b) in the appropriate fashion as required by the principles the application will be granted with effect on and from the first pay period commencing after today. I am satisfied that the principles have been met both in relation to the 2001 safety net wage decision and in particular, principle 8C thereof.

PN292

I will move to the next matter in the list.

ADJOURNED INDEFINITELY [12.35pm]

C2001/3861

PROFESSIONAL ADMINISTRATIVE CLERICAL
COMPUTING AND TECHNICAL (PACCT) STAFF
(INSTITUTES OF TECHNICAL AND FURTHER
EDUCATION) VICTORIA (INTERIM) AWARD 1999

PN293

THE SENIOR DEPUTY PRESIDENT: Could I have appearances please?

PN294

MR D. WILLIAMS: I appear on behalf of the Victorian TAFE Association representing all respondent to the award.

PN295

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Williams. Yes, Mr Solomon?

PN296

MR R. SOLOMON: Yes, your Honour, this is an application pursuant to the Work Place Relations Act, section 113 to vary Professional Administrative Clerical Computing and Technical (PACCT) Staff (Institutes of Technical and Further Education) Victoria (Interim) Award 1994 to give effect to the May 2001 safety net review in print PR002001.

PN297

The award was last varied with effect 2000 decision on 31 July 2000 with a correction order on 24 November 2000. The application was made on 10 July 2001 and a copy of this application was forwarded to all the parties. A copy of the listing was forwarded to the parties on 24 July 2001, I have proof of service. There is also, my apologies again, a slight typographical error with regard to form 6 in the application. Form R6 rule 22 as it should read, with Work Place Relations Act 1996 an Australian Industrial Relations Commission also as specified.

PN298

Of course, we wish to have item 2 of the application deleted as no order is sought with respect to redundancy payments and termination. This award does not have any allowances and the absorption clause can be found with respect to the Safety Net Review Decision in clause 1(b). I commend the application, your Honour.

PN299

THE SENIOR DEPUTY PRESIDENT: Does the union give a specific commitment as to the absorption of the increase required by the principles.

PN300

MR SOLOMON: Yes, we do, your Honour.

PN301

THE SENIOR DEPUTY PRESIDENT: Have the rates in the award been increased other than by safety net adjustments or as a result of the application of the minimum rates adjustment or work value change principles since November 1991 or the making of the order.

PN302

MR SOLOMON: No, they have not, your Honour.

PN303

THE SENIOR DEPUTY PRESIDENT: Mr Williams?

PN304

MR WILLIAMS: If the Commission pleases, the Victorian TAFE Association has had an opportunity to peruse the draft order and believes that all the rates outlined are correct and accurately reflect the safety net adjustment May 2001 decision. We note that the previous safety net adjustment applied from 27 June 2000 and therefore the appropriate period would be on or after today's hearing date.

PN305

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Williams. I am satisfied that the requirements of the principles for arbitrated safety net adjustments have been made out in this application and it will accordingly, be granted with effect from the first pay period to commence on or after today.

PN306

I adjourn the Commission.

ADJOURNED INDEFINITELY [12.40pm]

C2001/3979

AUSTRALIAN UNIVERSITIES ACADEMIC AND RELATED STAFF (SALARIES) AWARD 1987

PN307

THE SENIOR DEPUTY PRESIDENT: Could I have appearances please?

PN308

MR R. SOLOMON: Solomon, I appear for the National Tertiary Education Union.

PN309

THE SENIOR DEPUTY PRESIDENT: Thanks, Mr Solomon.

PN310

MR S. SMITH: Smith, for Monash University.

PN311

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Smith.

PN312

MR M. WAUGH: If the Commission pleases, my name is Waugh for the University of Melbourne.

PN313

MR G. MEREDITH: If the Commission pleases, Meredith for the Australian Higher Education Industrial Association.

PN314

MR G. HARRIS: If the Commission pleases, Harris for the University of Sydney.

PN315

THE SENIOR DEPUTY PRESIDENT: Well, Mr Solomon?

PN316

MR SOLOMON: Yes, your Honour, this is an application for some of the Workplace Relations Act section 113, to vary the Australian Universities Academic and Related Staff Salaries Award 1987, to give effect to the April 1999 Print R1999, May 2000 Print R1999, May 2000 Print S5000 and May 2001 Print PR00 2001, Safety Net Review Decisions. The award was last varied to give effect to the 1997 and 1998 Safety Net Review wages decision on 10 January 2000. The application was made on 26 July 2001, and a copy of the application was forwarded to all of the parties. A copy of the listing was forwarded to the parties on 3 August 2001.

PN317

We have sought the consent of the parties in the making of an order with respect to the 1999 and 2000 Safety Net adjustment. A letter was forwarded to them by facsimile on 3 August 2001 and we have proof of evidence of service. There is also the same typographical error in application, yet again I am afraid, and form 6 should read, "Form R6, rule 22" and out of that Workplace Relations Act 1996, Australian Industrial Relations Commission, and again of course item 2 of the application is deleted. There is no order sought with respect to redundancy payments and termination, and also in terms of consent we have referred to the principle of 8C in relation to that, and in terms of the absorption of the 2001 review decision, the clause is 1B and there are loadings in that particular award, your Honour.

PN318

THE SENIOR DEPUTY PRESIDENT: Very well, do you give the commitment on behalf of the union that's required by the principals?

PN319

MR SOLOMON: Yes, we do, your Honour.

PN320

THE SENIOR DEPUTY PRESIDENT: Have the rates in the award been increased other than by safety net adjustments, or as a result of the application of the minimum rates adjustment or work value change principles since November 1991?

PN321

MR SOLOMON: No, your Honour.

PN322

THE SENIOR DEPUTY PRESIDENT: Very well, Mr Smith?

PN323

MR SMITH: Thank you, your Honour. Monash has received the proposed variation. We have had the opportunity to check the rates. In relation to the salaries proposed, we agree with those calculations and have no problems with the rates as proposed. However, in relation to the allowances, at clause 5 of the award, we do have a difference in the methodology of calculating the allowances. We have had the opportunity, having had discussions earlier on today, and subject to what the other parties would have to say, I propose that the allowances be amended to be increased by a factor of 6.93 per cent, which is consistent with the glass merchants' decision and consistent with the methodology that was adopted in proceedings earlier today.

PN324

THE SENIOR DEPUTY PRESIDENT: Very well. Otherwise, you consent?

PN325

MR SMITH: Yes, your Honour, subject to that.

PN326

THE SENIOR DEPUTY PRESIDENT: Very well, Mr Waugh?

PN327

MR WAUGH: Thank you, your Honour. The University of Melbourne has had the opportunity to review the application. We have reviewed the salary rates and we find them appropriate. However, we would like to alert parties to what looks like a transcription error, at level E. The word, the application that I'm looking at, at the moment has a temporary rate for the University of Melbourne. We believe that that should actually be for the Institute of Advanced Studies at the ANU. We also note that the temporary rate should be the lower rate in level E, and the permanent rate should be the higher rate.

PN328

THE SENIOR DEPUTY PRESIDENT: They should be transposed?

PN329

MR WAUGH: That's right, and the reference should be to the Institute of Advanced Studies, rather than the University of Melbourne.

PN330

THE SENIOR DEPUTY PRESIDENT: I see.

PN331

MR WAUGH: I agree with Mr Smith regard to his comments about the clinical loadings. Pending the resolution of both those issues by the NTEIU, we would consent to this application.

PN332

THE SENIOR DEPUTY PRESIDENT: Very well, Mr Waugh, thank you. Mr Meredith?

PN333

MR MEREDITH: Thank you, your Honour. I concur with the submissions that have already been put by Mr Waugh and Mr Smith. We likewise have considered the rates. We have noted what we think to be the same transcription error, level E, and likewise the concessions I think you had already made with respect to the proper calculation of clinical loadings. There is one other part of the application that I would quickly go to, and that is within the various part time (non fractional rates) shown at clause 4, if you go to clause 4E, undergraduate and clinical nurse education.

PN334

THE SENIOR DEPUTY PRESIDENT: Yes.

PN335

MR MEREDITH: There are effectively four rates shown in that category, your Honour. The first of those is 32.23. We concurred with that. The second rate shown in the application is $37.63. We think there may be an error in that rate. We think that rate should be $43.

PN336

THE SENIOR DEPUTY PRESIDENT: Exactly?

PN337

MR MEREDITH: Yes, exactly.

PN338

THE SENIOR DEPUTY PRESIDENT: Right.

PN339

MR MEREDITH: Mr Waugh reminds me, your Honour, a similar rate shows in the post compulsory and higher education academic salaries award, and I should have picked this up at the time that that award was being considered earlier today. It's a matter, I think, that could be relatively quickly clarified between the parties. As I say, our calculations tally, plus or minus one or two cents, again roundings of variables, and I say no weight attaches to that. Our other calculations tally with those of the application that has been brought by the union, but it might be appropriate if, given that clearly the draft order is going to be varied to reflect the calculation of clinical loadings, I would think the opportunity without disrupting or delaying of those proceedings, I would seek the opportunity of some further dialogue with the union, just on that particular place.

PN340

THE SENIOR DEPUTY PRESIDENT: Yes, very well.

PN341

MR MEREDITH: Otherwise, your Honour, we note that it has the appropriate undertakings, and subject to clarifications of the rates, we see that it meets the other criteria that's required to meet.

PN342

THE SENIOR DEPUTY PRESIDENT: Very well. Mr Solomon, there are a couple of matters you need to respond to.

PN343

MR SOLOMON: Yes, we have had discussions with Mr Smith and Mr Waugh, and Mr Meredith, and we actually do agree with the calculations now that Mr Smith has referred to in relation to the clinical loadings, so we are happy to amend our application. There is also an amendment to our draft order. We do refer to the amended draft orders which includes the Australian Institute of Advanced Studies, rather than the University of Melbourne, and yes, we do agree there was obviously a minor error in transposing the temporary rates of level E and we undertake to correct that, to reverse it, so the temporary rate is the lower rate.

PN344

THE SENIOR DEPUTY PRESIDENT: Is the lower rate. Yes, very good. Mr Harris?

PN345

MR HARRIS: Your Honour, the University of Sydney does consent to this application, subject to the qualifications that have since been put on transcript, and if your Honour would perhaps consider approving the matter today subject to seven days in which the parties can check, and hopefully a varied draft can be placed before the Commission and the parties.

PN346

THE SENIOR DEPUTY PRESIDENT: Yes.

PN347

MR HARRIS: That's all I have to put, your Honour. I just put on record too, your Honour, that those GO8 universities that are not present in either this proceeding or the two other matters that were previously mentioned in today's list, or in fact a third matter as well, the one related to Western Australia. There is a regular tele conference between the GO8 universities and I undertake to remind the people representing those universities tomorrow that they should correspond with the unions and the Commission in relation to indicating either their consent or otherwise to these matters.

PN348

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Harris.

PN349

MR HARRIS: If the Commission pleases.

PN350

THE SENIOR DEPUTY PRESIDENT: I am satisfied that this application meets the requirements of the principles issued in the safety net review decision of May 2001. There are a number of relatively minor in terms of text matters which still have to be cleared up to the satisfaction of all concerned, and I direct that the NTEIU prepare and circulate to the parties here today a reformed draft order which incorporates the agreed changes which are required as a result of the proceedings here today. I give the parties 14 days in which to achieve that.

PN351

Should the amended draft be received within that time, or not later than that time, that date of operation will be the first pay period commencing on or after today's date. I believe that concludes - - -

PN352

MR MEREDITH: I beg your pardon, your Honour, I am not certain that we have heard from all of the respondents to the order. I would just raise that question in good faith. I am not certain there will be - - -

PN353

THE SENIOR DEPUTY PRESIDENT: This isn't one which requires consent, Mr Meredith.

PN354

MR MEREDITH: My apologies, your Honour.

PN355

THE SENIOR DEPUTY PRESIDENT: This is just the 2001 and as long as I am satisfied as to service, and I understand I will be getting proof of service.

PN356

MR SOLOMON: It will require consent, your Honour.

PN357

THE SENIOR DEPUTY PRESIDENT: Well in that case, Mr Meredith is right, and that's what Mr Harris will be addressing. They are GO8 universities that I can't be satisfied about at the moment. Arrangements are in hand through Mr Harris to attempt, and I don't leave the union out of its efforts either, to arrange that the missing universities supply in some short form of writing, their consent. Thank you, Mr Meredith for that. I think that does complete proceedings now. I adjourn these matters indefinitely. I adjourn the Commission until 2.00pm.

ADJOURNED INDEFINITELY [1.10pm]