AG2001/1056, Transcript of Proceedings [2001] AIRCTrans 223 (14 March 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

AG2001/1056

APPLICATION FOR CERTIFICATION
OF AGREEMENT (EMPLOYEES - DIVISION 2)

APPLICATION UNDER SECTION 170LK OF THE ACT
BY MAKITA (AUSTRALIA) PTY LIMITED FOR
CERTIFICATION OF AGREEMENT

SYDNEY

10.30 AM, WEDNESDAY, 21 FEBRUARY 2001

ADJOURNED SINE DIE

PN1

THE COMMISSIONER: Can I have the appearances please?

PN2

MS L. DEAN: Good morning, Commissioner. If it pleases, my name is Dean, D-e-a-n, initial L. I appear on behalf of Makita (Australia) Pty Limited. I have with me MISS JULIE JOHNSTON, a human resource manager of Makita Australia Pty Limited and MR DOLAMOVSKI, who is one of the employees and a delegate at the site.

PN3

THE COMMISSIONER: Yes, thank you. Yes, proceed.

PN4

MS DEAN: Thank you, Commissioner. It the Commission pleases, this is an application to certify the Makita (Australia) Pty Limited New South Wales Enterprise Agreement 2001. The agreement is a result of a number of months of negotiation between Makita and in the main, the National Union of Workers' New South Wales branch. The agreement commenced with negotiations in April of 2000, with the National Union of Workers and those negotiations continued until November of 2000, at which time all matters in the agreement were agreed between the parties, with the exception of two issues.

PN5

Those two issues relate to clause 6, hours. I might just very briefly mention those two matters, Commissioner. Firstly, the agreement provides for ordinary hours to be worked on a Saturday, but with the payment for those hours at overtime rates and such Saturday work is not compulsory, it is by agreement between the employer and employee. The second issue that was still in dispute as at November was the maximum daily ordinary hours and the agreement provides for a maximum daily ordinary hours of eight per day, or 10 by agreement. They were the two issues that were still outstanding that the employees were agreeable to, but the union was not.

PN6

Accordingly, the company was advised by the employees that it no lo wanted - sorry, advised the company that it no longer wanted the NUW to negotiate on its behalf. We came to an agreement about those two issues. The final document was provided to all of the employees of the warehouse on 19 December 2000. There are 10 employees covered by the agreement. A vote was made on 16 January 2001, so well over 14 days that employees had a copy of the agreement. Employees were also, when given the agreement on 19 December, given a copy of some correspondence which set out the requirements of section 170LK(4) in terms of their entitlement to be represented.

PN7

The agreement was signed off on 18 January 2001 and an application was made within the 21 days for approval by this Commission. The agreement is comprehensive, it is intended to apply to the exclusion of the State award which otherwise applies, that being the Storemen and Packers General State Award. Commissioner, there were quite a number of meetings between April and December, when the agreement was finalised. Could I also note that there were four minor variations to the agreement after the vote took place and they are set out in the stat decs which have been filed by Julie Johnston and Mr Dolamovski.

PN8

Those four matters are firstly the title of the agreement. The reference was initially to the year 2000 and that has been changed to 2001, given that we have got a February start date. The agreed commencement date of 1 February 2001 was inserted after the agreement was made, or after the agreement was voted on. There was also a reference to the Industrial Relations Commissioner of New South Wales, which was removed and replaced by a reference to the Australian Industrial Relations Commission. The clause dealing with performance payments also needed to be amended to reflect the February start date of the agreement.

PN9

So that the agreement actually provides for wage increases of three per cent per annum. It is a two year agreement and there is a bonus payment which is made subject to meeting certain criteria which is up to two per cent per annum. At clause 3.2, the agreement provides for procedures for presenting and settling industrial disputes and as I indicated, clause 1.4.1 provides a two year nominal term for the agreement. Commissioner, unless there is anything in particular that you wish to here about the agreement, any specific features or any other questions you might have, those are our submissions.

PN10

THE COMMISSIONER: Yes, thank you. Can I ask a question? Mr Dolamovski, can you stand for a second? You are the delegate or a representative of the employees?

PN11

MR DOLAMOVSKI: Yes, I am.

PN12

THE COMMISSIONER: The employees voted in support of the agreement?

PN13

MR DOLAMOVSKI: Yes, they did.

PN14

THE COMMISSIONER: Are you aware of the provisions of the State award?

PN15

MR DOLAMOVSKI: Yes, I am.

PN16

THE COMMISSIONER: You and your colleagues, or to the extent that you speak for your colleagues, you are satisfied that the agreement is no worse than the award?

PN17

MR DOLAMOVSKI: Yes.

PN18

THE COMMISSIONER: Yes, thank you. This is an application to have certified an agreement to be known as the Makita (Australia) Pty Limited New South Wales Enterprise Agreement 2001. The parties to the agreement are Makita and its employees covered by the agreement. On the basis of this statutory declaration and other documentation, I'm satisfied the relevant requirements of the Act and the rules of the Commission have been met. I note the comments of Ms Dean as to the history of this matter and also in relation to a number of matters that were at issue.

PN19

I have also noted the statement of Mr Dolamovski, indicating support for the agreement on behalf of the employees and an understanding of the employees of what the agreement does and what the award would otherwise provide. On the basis of all of that, the Commission proposes to certify the agreement. It will come into force on 21 February 2001 and will remain in force until 1 February 2003. That's right, isn't it, Ms Dean?

PN20

MS DEAN: Thank you, Commissioner.

PN21

THE COMMISSIONER: Yes, thank you. On that basis, these proceedings are now adjourned.

ADJOURNED ACCORDINGLY [10.40am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs