PR930474 AW770274 PR930474 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996 (C No. 01005 of 1998) BARKUMA INCORPORATED AWARD [1996] (ODN C No. 50463 of 1996) [Print N7101 [AW770274]] Various employees Health and welfare services COMMISSIONER HINGLEY MELBOURNE, 23 APRIL 2003 Award simplification. DECISION [1] This matter concerns a review of the Barkuma Incorporated Award [1996] (the award) under Item 51 of Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996 (the WROLA Act). [2] The parties were represented by Mr Ian Heard for the Australian Municipal, Adminstrative, Clerical and Services Union (ASU) and Mr Trevor Evans of the South Australian Employers' Chamber of Commerce and Industry Inc. on behalf of Barkuma Incorporated. [3] The matter was listed for conferences and for hearing on 30 August and 18 September 1999, 20 December 2001 and 7 March 2003. The parties provided the Commission with a consent draft award (amended) and a table setting out the detail of the proposed changes to the award. [4] I have acceded to the parties wish not to adopt the current Personal Leave format as they prefer the respective leave clauses to remain separate. I am satisfied that in this case it is acceptable and does not offend Item 51. [5] Where the parties have presented me with consent variations to the text or context of a former award clause and I have satisfied myself that the variation is consistent in all respects with Item 51 requirements, I have not referred specifically to it in this decision. Once varied the award will satisfy the criteria set out in sub-items (6) and (7) of Item 51 of the WROLA Act, having regard to Item 51(3). [6] It was submitted that the rates in the draft represent properly set minimum rates. At the hearing of 7 March 2003, it was submitted by Mr Heard as follows: "The rates in the award have been brought into line with the minimum rates decision of the Commission and the rates are set out in clause 21. The award also allows for progression within the levels and the terms for progression of employees is set out in our clause 21.4. In principle, not only does an employee advance on the basis of satisfactory service, but on the basis of the work value that is conducted by that employee and foundation in a current and accurate job description. As I have indicated, sir, the rates have been brought into line with the paid rates decision of the Commission." (Transcript PN57) [7] This submission was supported by Mr Evans (ibid PN75). [8] It was also said that the rates have been updated to include the May 2002 Safety Net Adjustment decision [ PR002002 ]. [9] I am satisfied that the rates are properly set minimum rates as required by the Principles determined by the Full Bench in its Paid Rates Review decision [Print Q7661] and that the award will contain no incremental payments as referred to in the Paid Rates Review decision (p.16) as inappropriate for inclusion. [10] Having now reviewed the award consistent with the legislative requirements of the relevant Acts and the principles of the Commission, specifically as determined by the Full Bench Award Simplification decision (23 December 1997 [Print P7500]) and having considered the views and submissions of the parties, I will vary the award so as to remove provisions which ceased to have effect under Item 50 of Part 2 of Schedule 5 of the WROLA Act, other than those clauses which are administrative in nature or are both incidental to allowable award matters and necessary for the effective operation of the award. [11] The award shall be titled the Barkuma Incorporated Award 2003. [12] The variations to the award shall come into force from the beginning of the first full pay period commencing on or after 23 April 2003 and shall remain in force for a period of six months. [13] This concludes the simplification process in respect of this award. BY THE COMMISSION: COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code A>