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C2003/ 581 , Transcript of Proceedings [2003] AIRCTrans 2441 (17 June 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT MARSH

C2003/ 581 

INSULATION SOLUTIONS AWARD 2002

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 - wages
May 2003

SYDNEY

12.03 PM, FRIDAY, 30 MAY 2003

Adjourned sine die

PN1

THE SENIOR DEPUTY PRESIDENT: I will take appearances, please.

PN2

MS S. BENNETT: If the Commission pleases, I appear on behalf of the Australian Liquor, Hospitality and Miscellaneous Workers Union.

PN3

MR M. MEAD: If the Commission pleases, I appear on behalf of the Australian Industry Group.

PN4

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes, Ms Bennett.

PN5

MS BENNETT: Your Honour, this is an application to vary the Insulation Solutions Award 2002 to incorporate the increase awarded by the Full Bench in the safety net review of wages decision in PR 002003. I have provided to my friend Mr Mead a copy of the revised draft order and a copy has been handed to your Honour's associate. I seek to tender that, if I may.

PN6

THE SENIOR DEPUTY PRESIDENT: I will mark that exhibit B1.

EXHIBIT #B1 REVISED DRAFT ORDER

PN7

MS BENNETT: The draft order was revised following conversations with Mr Mead. It seems that there has been an error that has occurred in the award which we have attempted to rectify, hopefully your Honour will be satisfied that that is the appropriate way to go. To start off with if I might draw your Honour's attention to your order in May 2002 of which I have given a copy to your associate. I seek to tender that.

EXHIBIT #B2 ORDER OF SENIOR DEPUTY PRESIDENT MARSH

PN8

MS BENNETT: In that order, your Honour, you varied the award and its various allowances. You will see there that the rates have been varied. The award was then simplified by Senior Deputy President Cartwright on 31 July 2002 and I have given extracts of that decision to your associate. I seek to tender that.

PN9

THE SENIOR DEPUTY PRESIDENT: Is that the decision or the order?

PN10

MS BENNETT: That's the order, sorry.

PN11

THE SENIOR DEPUTY PRESIDENT: That will be exhibit B3.

EXHIBIT #B3 EXTRACTS OF DECISION OF SENIOR DEPUTY PRESIDENT CARTWRIGHT OF 31/07/2002

PN12

MS BENNETT: You will see in those extracts, your Honour, that Senior Deputy President Cartwright in fact used the incorrect allowance rate in his order; he used the rates that were actually pre your order in May 2002. What we have attempted to do in the proposed order before your Honour this afternoon is delete the incorrect allowance rate and insert the correct one, hopefully getting around having a correction order issued, although obviously your Honour will have to consider that matter.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes.

PN14

MS BENNETT: I have discussed the matter at length with Mr Mead and I believe he will consent to the order before your Honour this afternoon.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Yes, Mr Mead.

PN16

MR MEAD: Your Honour, I can confirm that I have had discussions with Ms Bennett in relation to this matter after receiving the documents that she served and tendered today. I can concur with her analysis of the history of this award in relation to its variation. We therefore have no objection to the award being varied in the terms sought in exhibit B1, if it pleases.

PN17

THE SENIOR DEPUTY PRESIDENT: On the basis of the submissions and having regard to the terms of the revised draft orders, exhibit B1 in these proceedings, I am satisfied that the order meets the requirements of the principles enshrined in the safety net review, wages, May 3003 decision, particularly the principles relating to the arbitrated safety net adjustment and to allowances. I am also satisfied on the basis of submissions that the allowances are properly fixed and reflect the appropriate rates, having regard to the safety net review Full Bench decisions of May 2002 and May 2003.

PN18

The order will be issued in the terms of exhibit B1, it will come into force from the first pay period to commence on or after 4 June 2003 and remain in force for a period of six months. Thank you for your attendance, the Commission stands adjourned.

ADJOURNED INDEFINITELY [12.08pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #B1 REVISED DRAFT ORDER PN7
EXHIBIT #B2 ORDER OF SENIOR DEPUTY PRESIDENT MARSH PN8
EXHIBIT #B3 EXTRACTS OF DECISION OF SENIOR DEPUTY PRESIDENT CARTWRIGHT OF 31/07/2002 PN12