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C2003/ 623 , Transcript of Proceedings [2003] AIRCTrans 2442 (17 June 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

C2003/ 623 

MARITIME INDUSTRY SEAGOING AWARD 1999

Application under section 113 of the Act
by the Maritime Union of Australia, The Australian
Institute of Marine and Power Engineers and the
Australian Maritime Officers Union to vary the
above award re Safety Net Review - Wages May 2003

SYDNEY

9.40AM, FRIDAY, 30 MAY 2003

PN1

THE COMMISSIONER: Could I have the appearances, please?

PN2

MR N. KEATS: Good morning, Commissioner, I seek leave to appear on behalf of the Maritime Union of Australia, The Australian Institute of Marine and Power Engineers and the Australian Maritime Officers Union.

PN3

THE COMMISSIONER: Yes, thank you.

PN4

MR T. GREEN: If the Commission pleases, I am representing the Australian Ship Owners Association and its members.

PN5

THE COMMISSIONER: Yes, thank you, Mr Green. I take it there is no objection to leave being granted? Yes, leave is granted, Mr Keats. Yes?

PN6

MR KEATS: Commissioner, this is the union's application to vary the Maritime Industry Seagoing Award in accordance with the recent Full Bench decision of the Safety Net Wages 2003. In the union's submission, the rates of pay have been increased in accordance with Principle 8 of that decision, the allowances have been increased in accordance with Principle 5, except for the ones that are provided for in the award that are to be adjusted in accordance with the CPI. It is the union's application that the award be varied with effect from the date referred to - 30 July 2003 - if it please the Commission.

PN7

THE COMMISSIONER: Yes, and the unions give the necessary undertaking?

PN8

MR KEATS: We do.

PN9

THE COMMISSIONER: Yes, Mr Green.

PN10

MR GREEN: Commissioner, unfortunately I have been away interstate for the last three days and I haven't had the opportunity to review these figures. Could I request leave of 14 days to review the figures and to consult with at a later stage - consult with you by fax or e-mail?

PN11

THE COMMISSIONER: Yes, I don't think 14 days is quite necessary but I will give you until next Friday, which is seven days, to confirm the figures, yes.

PN12

MR GREEN: I'm sorry, Commissioner, I also need to consult with our members and confirm that they agree with those figures.

PN13

THE COMMISSIONER: Well, they might, but I think seven days is sufficient, not 14. They are fairly straight forward I would have thought, but anyway, they will get their calculators out. Other than that, you are not opposed to the wage increase per se?

PN14

MR GREEN: No, no.

PN15

THE COMMISSIONER: Yes, thank you. Yes, this is an application by the three unions that are parties to the award to have the award varied so that it complies with or reflects the outcome of the Safety Net Review Wages Decision of May 2003. The unions give the necessary undertaking and also an absorption clause, I note, is set out in the draft.

PN16

As a consequence, the award will be varied. The variation will come into force from the first full pay period to commence on or after 30 July 2003 and it will remain in force for a period of six months. On that basis, these proceedings are now adjourned. Thank you.

ADJOURNED INDEFINITELY [9.44am]