AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996
cl.29 of Schedule 6 and s.553(1) applications to vary awards
cl.42 of Schedule 6 and s.113 references to Full Bench

Wages and Allowances Review 2006

Various industries
JUSTICE GIUDICE, PRESIDENT
VICE PRESIDENT LAWLER
SENIOR DEPUTY PRESIDENT MARSH
SENIOR DEPUTY PRESIDENT KAUFMAN
COMMISSIONER GRAINGER	MELBOURNE, 21 NOVEMBER 2006

STATEMENT

[1] These proceedings concern applications by various unions to vary the Commission’s awards as a result of the recent determination of the Australian Fair Pay Commission. The variations seek to increase wage related allowances in pre-reform awards and transitional awards and to increase minimum wages in transitional awards. There are more than 400 applications already filed. We have been told that more applications will be filed shortly.

[2] We have considered the oral submissions made to us in proceedings on 20 November 2006 and correspondence received from a number of parties who were unable to attend the hearing on that day. As announced at the conclusion of the hearing we intend to make directions for the hearing of these applications broadly in line with those proposed in the alternative by the Australian Chamber of Commerce and Industry.

[3] The Commission will sit in Melbourne on 4 December and, if necessary, 5 December 2006 to hear the parties.

[4] A list of applications together with relevant information, including a link to the application, draft order and award, will be made publicly available on a special page on the internet. The page will be accessible from the AIRC Home Page under the description Wages and Allowances Review 2006.

DIRECTIONS

1. The ACTU, on behalf of the union applicants, and any party or intervener in support are to file and serve on all other parties and interveners by 24 November 2006:

(a) an outline of submissions in support of the applications; and

(b) affidavits of any witness evidence in support of the applications.

2. The union applicants are to file and serve draft orders for each application by 24 November 2006,

3. All other parties and interveners are to file and serve on all other parties and interveners by 1 December 2006:

(a) an outline of their submissions;

(b) affidavits of any witness evidence.

4. The ACTU shall, in conjunction with its outline of submissions, indicate for each of the applications lodged prior to 26 October:

(a) whether fresh or amended applications to vary wage rates have been served upon employers after 26 October 2006, seeking to adjust wages and / or allowances in accordance with the 2006 AFPC decision; and

(b) the dates upon which any fresh or amended applications were lodged or served.

5. Outlines of submissions, affidavits, draft orders and other materials shall, unless impracticable, be filed in electronic form in accordance with Rule 69 of the Australian Industrial Relations Commission (Interim) Rules 2006 at the following email address: melbourne@air.gov.au.

6. There will be liberty to any party to apply.

BY THE COMMISSION:

PRESIDENT