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C2002/ 2133 , Transcript of Proceedings [2002] AIRCTrans 2299 (24 June 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT04391
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2002/ 2133 

THE HIGHER EDUCATION WORKERS VICTORIA
(INTERIM) AWARD 1993

Application under section 113 of the Act
by the Australian Liquor, Hospitality and
Miscellaneous Workers Union to vary the
above award re Safety Net Review - May 2002

MELBOURNE

2.55 PM, FRIDAY, 7 JUNE 2002

PN1

MS V. ILIAS: I appear on behalf of the LHMWU.

PN2

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

PN3

MR R. WILLIAMS: I appear on behalf of the Australian Higher Education Industry Association representing member universities respondent to the award.

PN4

MR S. SMITH: I appear on behalf of Monash University.

PN5

MR M. BOUND: I appear on behalf of the University of Melbourne.

PN6

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Bound. Yes, I have on record a statement of service by Mr Daley, Branch Secretary of the union dated 6 June 2002, which provides evidence of service of the proceedings upon AHEIAMPU, CPSU, Monash University and Melbourne University. Yes, Ms Ilias.

PN7

MS ILIAS: Thank you, your Honour. This is an application pursuant to 113 of the Act to vary the Higher Education Workers Victoria (Interim) Award of 1993 pursuant to the Full Bench National Wage Case decision, PR002002. I would now like to hand up a copy of the draft order, your Honour.

EXHIBIT #LHMWU1 COPY OF THE DRAFT ORDER

PN8

MS ILIAS: Your Honour, that was marked LHMWU1?

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, that is correct. There are no allowances in this award?

PN10

MS ILIAS: No, your Honour.

PN11

THE SENIOR DEPUTY PRESIDENT: No. Very well.

PN12

MS ILIAS: Rates of pay have been adjusted by the $18 on the base rate in accordance with the Full Bench decision. The union gives the commitment to absorption as required in principle 8 of the decision. We are seeking an operative date of 25 June 2002. This is 12 months since the 2001 safety net review variation was made and we ask the Commission to grant the application.

PN13

THE SENIOR DEPUTY PRESIDENT: Thank you. The figure of 939.2148 which appears, is that inherent - - -

PN14

MS ILIAS: No, no, that is the actual increase for the year, your Honour.

PN15

THE SENIOR DEPUTY PRESIDENT: That is the annual increase.

PN16

MS ILIAS: Yes. It shouldn't really be sitting out there like on its own.

PN17

THE SENIOR DEPUTY PRESIDENT: Well it doesn't need to be there at all, does it?

PN18

MS ILIAS: No.

PN19

THE SENIOR DEPUTY PRESIDENT: It is just the rates.

PN20

MS ILIAS: Yes, that is just one of our - well one of my typos, your Honour.

PN21

THE SENIOR DEPUTY PRESIDENT: Yes, very well, I will remove that figure. Yes, Ms Floyd.

PN22

MS FLOYD: Thank you, your Honour. We only received notice of this yesterday so we haven't really had an opportunity to have any discussions with the Miscellaneous Workers Union and there are a few errors that I would like to point out in the draft and I believe that the employers may also have some, mainly typographical, but if I could just put those on the record. In terms of the setting out, it mentions the Industrial Relations Act 1988 which is incorrect and it also has the incorrect C number. It has got the 2001 C number and I guess that is just what a lot of unions do when they cut and paste on last year's application.

PN23

THE SENIOR DEPUTY PRESIDENT: Yes.

PN24

MS FLOYD: There were a couple of others but they have been correct on this draft order that I have seen. We note that it is less than 12 months since the last - sorry, you have amended it to June the 25th, sorry, that has been amended too. The NTEU gives the necessary absorption commitment and we have checked the rates and we agree with them and we commend the application to you.

PN25

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Floyd. Mr Williams.

PN26

MR WILLIAMS: Yes, if the Commission pleases, your Honour, I concur with the comments of Ms Floyd there. The Association has had the opportunity to check these figures on the draft that I have before me. Given that the operative date of 25 June, the Association on behalf of its members certainly consent to the content of the award but also note that there are a couple of drafting errors that would have to be rectified.

PN27

THE SENIOR DEPUTY PRESIDENT: Yes, but none of those errors go to the rates?

PN28

MR WILLIAMS: No.

PN29

THE SENIOR DEPUTY PRESIDENT: You have checked those.

PN30

MR WILLIAMS: No, your Honour. We certainly consent to the content.

PN31

THE SENIOR DEPUTY PRESIDENT: Thank you for that, Mr Williams.

PN32

MR WILLIAMS: If the Commission pleases.

PN33

THE SENIOR DEPUTY PRESIDENT: Ms Floyd, I take it from what you said that you didn't detect any errors in the rates or you - - -

PN34

MS FLOYD: No.

PN35

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Mr Smith.

PN36

MR SMITH: Thank you, your Honour. We also only got late notification of this matter. I notice on the order for substituted service, Monash University wasn't listed on that but we did eventually get notification.

PN37

THE SENIOR DEPUTY PRESIDENT: Yes.

PN38

MR SMITH: So it is not an issue from that point of view. Just some typographically errors that haven't already been mentioned. Just under the - on the front page where it has got the name of the award, the order number is stated in there as 21929 of 1992; that is 21926 of 1992. In A1 it states:

PN39

By deleting table of wage rates.

PN40

This is actually a salary rate as it goes in A there it says:

PN41

... a minimum salary -

PN42

so it is really a salaries rate rather than wage so there is a couple of references there to wages or wage so I would suggest that the proper terminology should be "salary" or "salaries" in the appropriate places. On the last or on the second page at rate 10.1 in the third column there is a figure of 939 appearing. I think that should be deleted. That is - as Ms Ilias pointed out that is the annual amount but it shouldn't appear in the column and in 2 the paragraph there the word "wages" appears three times and as I said it should be "salaries" but also in the third line:

PN43

... arbitrated safety net may be offset -

PN44

it should be: arbitrated safety net adjustment may be offset so the word "adjustment" is missing after the words "arbitrated safety net." That is all, your Honour.

PN45

THE SENIOR DEPUTY PRESIDENT: Safety net adjustment is correct. Sorry, the prior reference - you referred to wages appearing a couple of times, where was that in - - -

PN46

MR SMITH: On page 2.

PN47

THE SENIOR DEPUTY PRESIDENT: On the final page, that is in clause 6F is it?

PN48

MR SMITH: Yes. I know it is a standard form of wording but just in the comment I made before that if we are having salaries rather than wages.

PN49

THE SENIOR DEPUTY PRESIDENT: I think I better maintain the required format within the decision.

PN50

MR SMITH: That is fine, your Honour.

PN51

THE SENIOR DEPUTY PRESIDENT: In relation to the earlier point on page 1, by deleting - I mean it might simply be by deleting the table appearing in subclause (a); presuming there is only table in there and that avoids the problem altogether.

PN52

MR SMITH: That is probably the appropriate way to go.

PN53

THE SENIOR DEPUTY PRESIDENT: Yes.

PN54

MR SMITH: Thank you.

PN55

THE SENIOR DEPUTY PRESIDENT: Yes, thank you for that, Mr Smith. Mr Bound.

PN56

MR BOUND: We concur subject to the changes that have been agreed, thank you.

PN57

THE SENIOR DEPUTY PRESIDENT: Very well. Thank you for that. Ms Ilias, can I ask you whether there is only one table appearing in subclause (a) of clause 6?

PN58

MS ILIAS: Yes, there is.

PN59

THE SENIOR DEPUTY PRESIDENT: So if we deleted the word "salaries" by deleting the table in subclause (a) that would have the required effect.

PN60

MS ILIAS: Yes.

PN61

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Yes, this is an application by the Australian Liquor, Hospitality and Miscellaneous Workers Union to vary the Higher Education Workers Victoria (Interim) Award 1993 to give effect to safety net review May 2002 decision, print PR002002 in respect to the safety net adjustment there provided. I am satisfied that service has been effected in accordance with order of substituted service and additionally upon Monash and Melbourne Universities.

PN62

The union has sought variation in accordance with exhibit LHMWU1. There appears within that exhibit a number of drafting errors which seem to be commonly recognised by each of the parties represented here today. There is no dispute as to the rates set out in the draft order. The operative date is the first pay period on or after 25 June 2002 which is consistent with the requirement for a 12 month period between adjustments having regard to the last adjustment in print PR910689.

PN63

The union has given the requisite commitment in respect of absorption and contained the required provision within the draft order subject to the typographical error which omitted the word "adjustment" and that shall be added to the draft order. I will vary the award in the terms of LHMWU1 subject to correction of the drafting errors. The order shall come into force from the beginning of the first pay period to commence on or after 25 June 2002 and shall continue in force for 12 months.

PN64

Mr Smith made comment about a late notice of the hearing. If he or any of the other employers requires an opportunity to further check rates, they are at liberty to do so and should advice my office by close of business on 13 June if they have an difficulty with any of the particular rates. I will adjourn the matter on that basis. I think we have been able to identify all of the typing issues within LHMWU1 so I don't think I will require a fresh draft order. I think we can make the required amendments from the information the parties have kindly provided. Thank you. I will now adjourn.

ADJOURNED INDEFINITELY [3.07pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #LHMWU1 COPY OF THE DRAFT ORDER PN8