AG2001/2890, Transcript of Proceedings [2001] AIRCTrans 1614 (19 July 2001)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N 8205

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

AG2001/2890

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Hazelwood Power Corporation Pty
Ltd for certification of the Hazelwood
Power Enterprise Agreement 2001

MELBOURNE

10.58 AM, MONDAY, 2 JULY 2001

PN1

MR R. BOSKMA: I appear for Hazelwood Power, and with me in the audience are all the members of the single bargaining unit who negotiated this agreement.

PN2

MR M. RIZZO: I appear on behalf of the ASU. On this occasion I am also representing APESMA.

PN3

MR L. VAN DER MUELEN: I am from the CFMEU.

PN4

THE SENIOR DEPUTY PRESIDENT: Mr Van der Muelen, is it?

PN5

MR VAN DER MUELEN: Yes, that is right, yes.

PN6

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Van der Muelen. I apologise for the late start. There was a little delay in the previous matters and also the reason I didn't allow all of the people in for this one, while the other matter was going on, was because I understood there quite a number of people and it is rather a small courtroom. Yes, Mr Boskma.

PN7

MR BOSKMA: Thank you. Your Honour, this agreement represents a significant landmark in industrial relations in Hazelwood and in the La Trobe Valley. This agreement has been reached during a period of significant industrial turmoil elsewhere in the La Trobe Valley and we believe that this particular agreement represents a positive way forward. The agreement represents a significant win for the team, one team all striving to achieve the best position for both the company and for the employees.

PN8

Your Honour, this agreement provides for significant improvements in pay and conditions for employees, whilst at the same time providing for significant opportunity for continuous improvements with work arrangements which will allow the company to tackle the challenges of the future. Your Honour, the parties are all keen to ensure that the agreement provided for as much security as possible within the constraints of the law. This agreement therefore under clause 2.6 provides for the terms and conditions to apply for a further three years after the nominal expiry date.

PN9

It will most likely be formalised by a recertification of the agreement in three years time. However, the parties are committed to honouring the terms of clause 2.6 if for some reason recertification does not occur. Your Honour, this is the third agreement negotiated by this company with its workforce, and was negotiated in an atmosphere of trust and respect for the views and positions of all parties. The agreement has been overwhelmingly supported by a vast majority of employees, in excess of 90 per cent of eligible employees overall, and this is much greater percentage than in any previous agreement.

PN10

This, I believe, was the result as much of the effort of the members of the ASU in terms of their negotiation, plus also their ongoing discussions with the employees and work groups that they represented. All the major unions respondent to this agreement have also willingly supported the agreement, although the parties are very disappointed that the AMWU felt that they were unable to support the agreement on philosophical grounds. The AMWU have advised us verbally that they expected their members will be bound by the terms and conditions of this agreement.

PN11

Your Honour, I do wish to advise the Commission that in the process of inputting the new pay rates into our pay system we have identified a couple of typing errors in the pay rate table that was sent to you as part of the agreement documentation. When we pulled together the documentation to formally forward on to you an incorrect Excel spreadsheet which had the pay rates, we had a number of them had been put together, an incorrect one was put onto the documentation and forwarded to you. When we identified that that error had been made we contacted all the various union parties and discussed the issue with them and all parties were of the opinion that it was best that we notified the Commission immediately of those errors and I can hand a copy of the table which has been clearly marked up for the Commission to note those minor typos.

PN12

THE SENIOR DEPUTY PRESIDENT: I could indicate I did receive a facsimile copy of this and I am grateful for that.

PN13

MR BOSKMA: Yes.

PN14

THE SENIOR DEPUTY PRESIDENT: Perhaps I should mark this as exhibit J1.

PN15

MR BOSKMA: Yes, that is fine.

PN16

THE SENIOR DEPUTY PRESIDENT: Or is it - it is agreed by all the parties isn't it?

PN17

MR BOSKMA: It has been agreed by all the parties, Commissioner.

PN18

THE SENIOR DEPUTY PRESIDENT: Perhaps I will just - I will mark it J1 as a joint exhibit. And do you want this kept confidential or is - - -

PN19

MR BOSKMA: These changes - - -

PN20

THE SENIOR DEPUTY PRESIDENT: - - - it to be published with the agreement?

PN21

MR BOSKMA: No, we would be happy for these to be published with the agreement.

PN22

THE SENIOR DEPUTY PRESIDENT: Yes, very well.

EXHIBIT #J1 COPY PAY RATE TABLE

PN23

MR BOSKMA: Your Honour, the members of the single bargaining unit and I put forward this agreement for your certification. If the Commission pleases.

PN24

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Boskma. Mr Rizzo.

PN25

MR RIZZO: Thank you, your Honour. Your Honour, you should have a stat dec from the ASU signed by myself.

PN26

THE SENIOR DEPUTY PRESIDENT: Yes.

PN27

MR RIZZO: The stat dec we believe is in compliance with the Act in that it meets the various clauses and in particular that a majority of the members of the ASU have supported the agreement and I can, without contradiction, say that the great majority of our members did support the agreement, that the agreement was widely displayed to our members. It was widely discussed and I think well understood and as Mr Boskma has said well supported. We have no objection to the changes given to you by Mr Boskma contained in J1. We have viewed that and are satisfied that those changes are correct and we would also encourage the Commission to certify the EBA as of today's date, your Honour.

PN28

THE SENIOR DEPUTY PRESIDENT: And those submissions are made on behalf of the ASU and APESMA is it?

PN29

MR RIZZO: Yes, your Honour.

PN30

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Rizzo.

PN31

MR RIZZO: Thank you.

PN32

THE SENIOR DEPUTY PRESIDENT: Mr Van der Meulen.

PN33

MR VAN DER MEULEN: Yes, we have also completed all the paperwork. We are happy with these changes and we congratulate everybody involved and we are happy to see the agreement certified. Thank you.

PN34

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Van der Meulen. Well, let me offer my congratulations too because it was no mean feat I am sure with the number of unions involved and the amount of work that has gone into it. So this is an application pursuant to part VIB Division 2 section 170LJ of the Workplace Relations Act to certify an agreement known as the Hazelwood Power - perhaps before I do that can I just clarify something with you too, Mr Boskma. You have referred me to clause 2.6 and I am satisfied that that is suitable to be included in the agreement but paragraph 1 of clause 1 of 2.6 has a date to be inserted subject to prior certification by the AIRC. The provisions of this agreement shall come into effect on and from - what date should that be?

PN35

MR BOSKMA: Well, we see that date now being today's date, the 2nd.

PN36

THE SENIOR DEPUTY PRESIDENT: 2 July. Do you agree with that, Mr Rizzo?

PN37

MR RIZZO: I have no objection to that, your Honour.

PN38

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Van der Meulen?

PN39

MR VAN DER MEULEN: No, no objection.

PN40

THE SENIOR DEPUTY PRESIDENT: Very well. And is there a title clause in the agreement itself?

PN41

MR BOSKMA: There is not a title clause as such, your Honour, just the - - -

PN42

THE SENIOR DEPUTY PRESIDENT: So the Hazelwood Power Station- Hazelwood Power - - -

PN43

MR BOSKMA: Hazelwood Power Enterprise Agreement 2001 is the title.

PN44

THE SENIOR DEPUTY PRESIDENT: - - - 2001 is the title then. Very well. This is an application pursuant to part VIB Division 2 section 170LJ of the Workplace Relations Act 1996 to certify an agreement to be known as the Hazelwood Power Enterprise Agreement 2001. Having heard Mr Boskma on behalf of the applicant, Hazelwood Power, and Mr Rizzo on behalf of the ASU and the APESMA, and Mr Van der Meulen on behalf of the CFMEU, and noting that the AMWU is not a signatory to the agreement but named in the agreement, and having read the statutory declarations filed by Mr Ronald Keith Boskma on behalf of Hazelwood Power Corporation Pty Ltd and Hazelwood Power and Mr Rizzo - Michael Rizzo - on behalf of the ASU, Mr Geoff Artus on behalf of the APESMA, Mr John Maitland on behalf of the CFMEU, Mr Dean Mighell on behalf of the CEPU, I am satisfied that the agreement filed relates to a constitutional corporation, namely Hazelwood Power Corporation Pty Ltd, ACN 065318204.

PN45

I am also satisfied that the respondent unions respectively has at least one member employed in the part of the single business to which the agreement relates and is entitled to represent the industrial interests of the member. I am also satisfied as to the following matters. The agreement passes the no disadvantage test, the agreement was made in accordance with section 170LJ and a valid majority of the persons employed at the time whose employment would be subject to the agreement genuinely approved the agreement. The explanation of the terms of the agreement was appropriate. The agreement includes procedure for preventing and settling disputes between the employer and the employees whose employment will be subject to the agreement.

PN46

The agreement specifies a date as nominal expiry date which is not more than three years after the date on which the agreement comes into operation. I am satisfied that there are no reasons set out in section 170LU of the Act why I should refuse to certify the agreement. Accordingly the agreement will be certified with effect from 2 July 2001 to operate in accordance with its terms from the date of certification, namely 2 July 2001. Is there anything else? Very well, I will issue a decision in terms of that that I have just given with the certification and certificate attached to it. I should perhaps note also that the agreement, or the wage rates set out in Table 1, will be substituted by those set out in the document marked in this proceeding as exhibit J1. Is that all? Thank you, and again congratulations on your achievement.

ADJOURNED INDEFINITELY [11.12am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #J1 COPY PAY RATE TABLE PN23