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C2002/ 2430 , Transcript of Proceedings [2002] AIRCTrans 2351 (25 June 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2002/ 2430 

CLERKS (PAULS LIMITED) NORTHERN
TERRITORY AWARD 2001

Application re safety net review - wages
May 2002 and parental leave for casual
employees

SYDNEY

5.21 PM, TUESDAY, 11 JUNE 2002

Adjourned sine die

PN1

THE SENIOR DEPUTY PRESIDENT: I will call on the final matter which is 2002/ 2430  Clerks (Pauls Limited) Northern Territory Award 2001. I can indicate that I've received correspondence from Nadia Taylor, consultant for Livingstone's Australia, indicating that the company Pauls is not able to attend the hearing but advising that Pauls Limited consents to the draft orders.

PN2

Mr Matarazzo, you are appearing for the ASU again?

PN3

MR MATARAZZO: Yes, I am.

PN4

THE SENIOR DEPUTY PRESIDENT: Are there any other appearances in the matter? No, very well.

PN5

MR MATARAZZO: In regards to this matter, the operative date last year for this matter was 22 June 2002. The ASU is seeking that the date of operation is 22 January 2002, the ASU has in the draft order sought to vary the minimum award weekly rates by the safety net $18 per week and we are seeking to insert the test case, parental leave clause in this award as well. I am sure Nadia Taylor will consent in the relevant section if we can change where it's got 25 June 2002 to 22 June 2002 in the three places.

PN6

THE SENIOR DEPUTY PRESIDENT: Very well, thank you for that. This is an application by the ASU to vary the Clerks (Pauls Limited) Northern Territory Award in effect to safety net review wages decision 2002 and the parental leave casual test case decision. The variation is sought in the terms of exhibit ASU1 varied to in the parental leave clause alter the dates 25 June to 12 June, is that correct or 22?

PN7

MR MATARAZZO: Just for the record, what happened last year was the ASU was not aware that Livingstone were representing Pauls - - -

PN8

THE SENIOR DEPUTY PRESIDENT: I'm sorry, it's only the parental leave, the date was 22 or 12 June.

PN9

MR MATARAZZO: It's 22 June.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes, thank you for that. Yes, the variation will be made in the terms of exhibit ASU1 as amended by the union. The employer Pauls Limited has indicated its consent to the variation, it doesn't appear the employer was aware of the variation of the dates within the parental leave clause from 22 June to 25 June, for that reason I will provide them with a period of seven days to offer any view in respect to the date being 22 rather than 25 June.

PN11

Assuming there is no issue from the company, the variation would be made in the terms of the amended order sought by the ASU. The wage increase will have effect from 22 June 2002 to 12 months after the last adjournment. The order shall come into force from the beginning of the first pay period commencing on or after 22 June. I'll take steps to ensure that Livingstone's is advised of the change in clause 17 in respect of the date and indicate to them that they have a period of seven days to offer a view in relation to that matter.

PN12

If there is some issue between the parties I'll obviously need to deal with that, as I would imagine the company consents to that date, 22 June, then the order will simply be made in those terms. I will adjourn that matter and adjourn the proceedings generally. Thank you all for your time in Darwin.

ADJOURNED INDEFINITELY [5.26pm]