AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Workplace Relations Act 1996
s.113 applications to vary awards
s.108 references of applications to vary awards
Australian Liquor, Hospitality and Miscellaneous Workers Union
THE HOSPITALITY INDUSTRY - ACCOMMODATION, HOTELS,
RESORTS AND GAMING AWARD 1998
(ODN C No. 00389 of 1975)
[Print P9138 [AW783479]]
(C2001/5719)
BUILDING SERVICES (VICTORIA) AWARD 1994
(ODN C No. 21726 of 1992)
[Print L2955 [AW769594]]
(C2001/5720)
LAUNDRY INDUSTRY (VICTORIA) AWARD 1998
(ODN C No. 21626 of 1992)
[Print Q6887 [AW787052]]
(C2001/5721)
CHILD CARE INDUSTRY (AUSTRALIAN CAPITAL TERRITORY)
AWARD, 1998
(ODN C No. 03697 of 1985)
[Print Q2724 [AW772250CRA]]
(C2001/5722)
The Australian Workers' Union
HORSE TRAINING INDUSTRY AWARD 1998
(ODN C No. 03039 of 1975)
[Print R5058 [AW783476]]
(C2001/5833)
Textile, Clothing and Footwear Union of Australia
CLOTHING TRADES AWARD 1999
(ODN C No. 00696 of 1980)
[Print S1147 [AW772144CRA]]
(C2001/5933)
Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union
THE VEHICLE INDUSTRY - REPAIR, SERVICES AND RETAIL - AWARD 1983
(ODN C No. 01339 of 1974)
[Print H5658 [AW801827CRA]]
(C2001/5810)
THE VEHICLE INDUSTRY AWARD 2000
(ODN C No. 01522 of 1979)
[Print F0813 [AW801818]]
(C2001/5929)
GRAPHIC ARTS - GENERAL -AWARD 2000
(ODN C No. 22956 of 1995)
[Print S1716 [AW782505CR]]
(C2001/5934)
METAL, ENGINEERING AND ASSOCIATED INDUSTRIES AWARD, 1998 -
PART 1
(ODN C No. 02568 of 1984)
[Print Q2527 [AW789529]]
(C2001/5935)
National Union of Workers
STORAGE SERVICES - GENERAL - AWARD 1999
(ODN C No. 32518 of 1992)
[Print R1040 [AW796791]]
(C2001/5845)
GROCERY PRODUCTS MANUFACTURE - MANUFACTURING
GROCERS AWARD 1996
(ODN C No. 01152 of 1985)
[Print P1412 [AW782558]]
(C2001/5846)
COMMERCIAL SALES (VICTORIA) AWARD 1999
(ODN C No. 31107 of 1993)
[Print R1382 [AW772623]]
(C2001/5847)
RUBBER, PLASTIC AND CABLE MAKING INDUSTRY - GENERAL -
AWARD 1998
(ODN C No. 01800 of 1982)
[Print R4420 [AW794720]]
(C2001/5849)
Australian Municipal, Administrative, Clerical and Services Union
CLERICAL AND ADMINISTRATIVE EMPLOYEES
(VICTORIAN) AWARD 1995
(ODN C No. 34749 of 1995)
[Print M8184 [AW773032]]
(C2001/5843)
VICTORIAN LOCAL AUTHORITIES AWARD 2001
(ODN C No. 36277 of 1989)
[Print J9778 [AW811556]]
(C2001/5844)
Transport Workers' Union of Australia
TRANSPORT WORKERS AWARD, 1998
(ODN C No. 01520 of 1982)
[Print Q8693 [AW799494CRN]]
(C2001/5803)
Shop, Distributive and Allied Employees Association
RETAIL AND WHOLESALE INDUSTRY - SHOP EMPLOYEES -
AUSTRALIAN CAPITAL TERRITORY - AWARD 2000
(ODN C No. 30030 of 1993)
[Print T3309 [AW794740CRA]]
(C2001/5830)
Construction, Forestry, Mining and Energy Union
TIMBER AND ALLIED INDUSTRIES AWARD 1999
(ODN C No. 00031 of 1950)
[Print R5055 [AW800937]]
(C2001/4617)
Various employees |
Various industries |
JUSTICE GIUDICE, PRESIDENT |
SYDNEY, 12 FEBRUARY 2002 |
STATEMENT
[1] This statement concerns arrangements for the use of electronic materials in the 2002 Safety Net Review proceedings. So far as practicable all submissions, exhibits and other materials will be made available on a special page on the world wide web. The address for the web site is http://www.e-airc.gov.au/wage2002/ In order to maximise the benefits of this initiative it is essential that parties provide materials in electronic form wherever it is possible to do so. Provision of materials in electronic form is not a substitute for the normal filing requirements. In other words, hard copies of materials must still be filed and served in accordance with the directions issued by the Full Bench on 2 January 2002.
[2] During consultations with the Australian Council of Trade Unions, the Australian Chamber of Commerce and Industry and the Commonwealth Government two issues arose which have required the consideration of the Full Bench. The first issue is whether materials filed in compliance with directions should be publicly accessible on the Safety Net Review website. The second issue is a suggestion that personal addresses provided in witness statements should be deleted when those statements are posted on the website.
[3] The Full Bench has decided not to restrict public access to the website. Materials which are filed in hard copy in the ordinary course are available for public inspection as soon as they are filed. We are reluctant to limit public access to the same material when it is posted to the website.
[4] Nevertheless the Bench believes that it would be prudent to delete witnesses' addresses from their statements before the statements are placed on the website.
[5] Attached to this statement is a document prepared by the Australian Industrial Registry which provides important information about the operation of the web site, access to it during proceedings and arrangements generally.
BY THE COMMISSION:
PRESIDENT
Printed by authority of the Commonwealth Government Printer
Attachment A
SAFETY NET REVIEW 2002
ELECTRONIC DOCUMENTS
1. What services does the web site provide to parties?
The web site will consolidate all documentation relevant to the Safety Net Review proceedings. That is, every document, including the applications, listings, all transcript, exhibits and other documents or correspondence relevant to the proceedings, will be accessible through the web page.
The web page will also include research resources, such as access to a compilation of previous Safety Net Review decisions, and access to all AIRC databases (all decisions, transcript etc) as well as links to Federal and High Court decision databases. A link will also be provided to OSIRIS.
Access will also be available to ISYS web search, as well as the KeyWords search engine (see the AIRC's Homepage `Search' button http://www.airc.gov.au/).
Generally, the ISYS-web search will be able to be applied to all the documents posted on the site (other than those which are scanned images). This will mean, for example, a search may be undertaken across all transcript over the course of the proceedings on any key words, phrases or linked words etc. Transcript will then be able to be edited - cut and pasted - and copied into other documents at the parties' convenience.
Transcript from each day's proceedings will also be posted on the site as soon as it is received from the transcription service provider (in addition to the direct e-mail service provided to parties).
2. How does the new system work?
The system comprises three elements: a web site supported by the AIR's servers; AIR network cabling to the Members and Associate's bench and a wireless network that works without the use of any cabling.
The wireless network means parties will be able to access, in the court room, the Safety Net Review web site without any cabling to their respective laptops. In fact, laptops can be carried around the court, as the network access is ubiquitous. This is because the link to the network is provided by a small wireless transmitter (`AirConnect') built into the court itself.
The transmitter works in the 2.4 GHz frequency range. For purposes of comparison, a home cordless telephone (not a mobile phone) works in the same band.
Parties will be able to access the web site in the courtroom, and navigate at their own discretion, irrespective of what other users may be doing.
3. Can the site be accessed out of court, as well as in court?
The site will be able to be accessed by the parties outside the court (24 hours a day, seven days a week) by simply linking to the site address. That is, parties can access the site from their places of work or from home.
4. How and by whom will documents be published on the web site?
Parties are asked to provide electronic copies of the documents they have filed or submitted to the following email address as soon as possible - safetynet.review@air.gov.au. The Registry will be responsible for posting the documents on the site.
5. If a party has a problem providing an electronic copy of a document, or compiling a document which has multiple formats, what should it do?
Any parties encountering difficulties in arranging multiple formats within a single document, or other problems, should contact Ms Jane Gibbons, Information Management and Technology Manager by email - jane.gibbons@air.gov.au or by telephone - (03) 8661 7826.
6. Will documents handed up during proceedings need to be provided electronically as well?
Wherever possible documents tendered during proceedings should be provided in electronic form as soon as possible to the email address - safetynet.review@air.gov.au .Where a document cannot be provided in electronic form, Registry staff will arrange for the document to be scanned, provided it is practical to do so.
7. When documents or submissions are posted onto the site, will the parties be notified?
When a submission is posted onto the site you will receive an automatically generated email informing you that the site has been modified, provided an email address has been supplied.
The posting of documents onto the web site in no way alters the conventional requirements on a party to serve documents on other parties. The electronic system works in parallel with the conventional paper-based submissions process, and not in substitution for it.
8. Can the electronic documents on the web form be relied upon in proceedings?
For current purposes, the web site is an aid to parties, but not a substitute for the paper-based submissions. Consequently, the paper-based submissions alone must be relied upon.
9. Who provides the laptops?
The Registry will provide the parties with laptops that are configured to access the wireless network in the courtroom. These will not be able to be removed from the courtroom.
Parties, of course, will be able to access the web site outside of the courtroom on any desktop or laptop by dialling into the site's address.
10. How does a party make oral submissions as well as manipulate the laptop?
If a party wishes to use the laptop in the course of making an oral submission, a small laptop support table will be available, that may sit next to the existing lectern.
11. What happens if the electronic system `goes down'?
In the event the server fails, a back-up server will be utilised.
In the event that the back-up server fails, or there are any delays in accessing the web site, the Registry, each morning will make a sufficient number of cd-rom copies of the web site available for each party and member of the Full Bench.
Each cd-rom will include all of the imbedded documentation available on the site, bar documents that were part of external databases (e.g. links to the Federal Court etc). This means parties will be able to navigate the site from the cd-rom until such time as the servers are brought back on-line.
Cd-rom will be available to parties on request over the course of the proceedings. This will allow parties to work from the site at times they do not have access to the internet.
12. Will parties be able to examine documents independently on the web site during proceedings?
Yes, each party can independently navigate the web site, peruse documents, search databases etc. over the course of the proceedings.
13. Can parties post multiple files as part of one document?
Yes. The network can open most files. If parties have any doubts, they should telephone or email the Ms Jane Gibbons.
14. Can parties include Internet links in their submissions (e.g. to authorities) that take readers directly to other sources (e.g. AIRC, Federal or High Court decisions)?
Yes, they can do this as long as they provide the complete URL. This will allow parties to access their authorities or footnote references directly.
15. Will the public have access to the web site?
Yes. The site will be posted on the AIRC Homepage
16. Will parties require an introduction to the web site before the Safety Net Review hearings?
A time will be notified when parties may attend a brief training session to familiarise themselves with the site and the methods of navigation, as well as its research and editing capabilities.
17. What will happen to the web site after the Safety Net Review hearings conclude?
The web site will remain on the server and accessible by way of the AIRC Homepage. This may assist parties in case preparation in the context of any further relevant applications.