AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996

s.113 applications for variation

Shop, Distributive and Allied Employees Association

RETAIL AND WHOLESALE INDUSTRY - SHOP EMPLOYEES - AUSTRALIAN CAPITAL TERRITORY - AWARD 2000

(ODN C No. C30030 of 1993)

[Print T3309 [AW794740CRA]]

(C2003/4198)

Australian Municipal, Administrative, Clerical and Services Union

CLERICAL AND ADMINISTRATIVE EMPLOYEES

(VICTORIAN) AWARD 1999

(ODN C No. 34749 of 1995)

[Print S1367 [AW773032]]

(C2003/4199)

CPSU, the Community and Public Sector Union

PHARMACEUTICAL GENERAL: CSL AWARD 1998

(ODN C No. 36986 of 1989)

[Print Q6855 [AW792955]]

(C2003/4203)

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

METAL, ENGINEERING AND ASSOCIATED INDUSTRIES AWARD,

1998 - PART 1

(ODN C No. 2568 of 1984)

[Q2527 [AW789529]]

(C2003/4301)

GRAPHIC ARTS - GENERAL - AWARD 2000

(ODN C No. 22956 of 1995)

[Print S1716 [AW782505CR]]

(C2003/4302)

The Australian Industry Group

METAL, ENGINEERING AND ASSOCIATED INDUSTRIES AWARD,

1998 - PART 1

(ODN C No. 2568 of 1984)

[Q0444 [AW789529]]

(C2003/5142)

GRAPHIC ARTS - GENERAL -AWARD 2000

(ODN C No. 22956 of 1995)

[Print S1716 [AW782505CR]]

(C2003/5143)

BUSINESS EQUIPMENT INDUSTRY - TECHNICAL SERVICE - AWARD 1999

(ODN C No. 639 of 1971)

[S1768 [AW769412]]

(C2003/5144)

Victorian Employers' Chamber of Commerce and Industry

RUBBER, PLASTIC AND CABLE MAKING INDUSTRY - GENERAL -

AWARD 1998

(ODN C No. 01800 of 1982)

[Print R4420 [AW794720]]

(C2003/5166)

STORAGE SERVICES - GENERAL - AWARD 1999

(ODN C No. 32518 of 1992)

[Print R1040 [AW796791]]

(C2003/5168)

Printing Industries Association of Australia

GRAPHIC ARTS - GENERAL - AWARD 2000

(ODN C No. 22956 of 1995)

[Print S1716 [AW782505CR]]

(C2003/5167)

Confederation of ACT Industry

RETAIL AND WHOLESALE INDUSTRY - SHOP EMPLOYEES - AUSTRALIAN CAPITAL TERRITORY - AWARD 2000

(ODN C No. C30030 of 1993)

[Print T3309 [AW794740CRA]]

(C2003/5268)

Craig Mostyn Packing Co and Others

STORAGE SERVICES - FRUIT PACKING - VICTORIA - AWARD 2002

(ODN C No. 31226 of 1993)

[PR922587 [AW818390]]

(C2003/5272)

The Master Builders' Association of New South Wales

NATIONAL BUILDING AND CONSTRUCTION INDUSTRY AWARD 2000

(ODN C No. 2783 of 1974)

[PR903751 [AW790471]]

(C2003/5326)

The National Electrical Contractors Association

NATIONAL ELECTRICAL, ELECTRONIC AND COMMUNICATIONS CONTRACTING INDUSTRY AWARD 1998

(ODN C No. 21680 of 1990)

[Q4287 [AW791396]]

(C2003/6070)

STATEMENT

[1] There are some 15 applications to vary awards before me. In each case the applicant has submitted that the application should be referred to a Full Bench pursuant to s.107 of the Workplace Relations Act 1996 (the Act). Five union applications are said by the applicants to relate to how workers balance their work and family responsibilities. All other applicants submit that their applications concern the same or related issues.

[2] There are five applications by unions, three by the Australian Industry Group (AiG), two by the Victorian Employers' Chamber of Commerce and Industry (VECCI) and one by each of the Printing Industries Association of Australia, the National Electrical Contractors Association (NECA), the Confederation of ACT Industry, the Master Builders' Association of New South Wales and the employer respondents to the Storage Services - Fruit Packing - Victoria - Award 2002.

[3] The Australian Council of Trade Unions (ACTU) submits that all of the union applications are of such importance that, in the public interest, they should be dealt with by a Full Bench and that it should be the same Full Bench in each case.

[4] It also submits that the AiG applications and parts of the ACCI and National Farmers' Federation (NFF) applications for the same reason should be dealt with by the same Full Bench.

[5] I agree with the ACTU submissions in that respect.

[6] The ACTU submits, however, that the balance of the VECCI and NFF applications and all of the other employer applications should be dealt with differently. The substance of the submission is that a number of the employer claims do not raise issues which are of such importance that in the public interest they should be dealt with by a Full Bench, and, in the alternative, that for various reasons those claims should not be dealt with by the same Full Bench which is constituted to deal with the union applications.

[7] All of the employer applications are capable of being described as relating to how employees balance their work and family responsibilities. For that reason it is appropriate that the whole of each of the applications should be referred to the same Full Bench to which the ACTU applications are to be referred, unless there is a good reason not to do so. Issues of joinder and timing are best able to be determined by a Bench which has all of the applications before it.

[8] The ACTU also submitted that the parts of the employers' applications which simply seek to put existing test case standards into the awards concerned should not be referred to a Full Bench, since a Full Bench is not required for such variations. It seems to me undesirable to split the applications at this stage. When those parts of the application should be dealt with and by whom is a matter best dealt with by a Full Bench which has all of the applications before it.

[9] The ACTU has made or foreshadowed a number of s.111(1)(g) applications in relation to some of the employer applications. I have considered whether to deal myself with those s.111(1)(g) applications. It is neither convenient nor appropriate that I do so. The Bench to be constituted should have the opportunity of deciding when and by whom the s.111(1)(g) applications should be heard in light of the circumstances and the parties' submissions at the time.

[10] Conciliation conferences have been conducted over some months before Senior Deputy President Marsh in all matters and some progress has been made. In proceedings before me today, however, the parties reported that the point has been reached where in all but two of the applications conciliation can achieve no more and should be concluded. The two cases in which it is agreed that further conciliation is desirable are the application by the Master Builders' Association of New South Wales and others to vary the National Building and Construction Industry Award 2000 (C2003/5326) and the application by the National Electrical Contractors Association to vary the National Electrical, Electronic and Communications Contracting Industry Award 1998 (C2003/6070).

[11] All of the applications, other than the two in relation to which conciliation is continuing, will be referred to a Full Bench pursuant to s.107 of the Act and it will be the same Full Bench in each case. I shall give further consideration to the applications to vary the awards applying in the building and construction and electrical contracting industries when conciliation in relation to those applications has concluded.

BY THE COMMISSION:

PRESIDENT

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