AG2001/529, Transcript of Proceedings [2001] AIRCTrans 231 (14 March 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 5949

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER JONES

AG2001/529

APPLICATION FOR CERTIFICATION OF
AGREEMENT

APPLICATION UNDER SECTION 170LJ
OF THE ACT BY THE TRANSPORT WORKERS'
UNION OF AUSTRALIA AND ANOTHER FOR
CERTIFICATION OF THE TRANSPORT
WORKERS' (OIL COMPANIES) AWARD 1998

MELBOURNE

9.16 AM, WEDNESDAY, 14 FEBRUARY 2001

PN1

MS J. TISDALE: I appear on behalf of the Transport Workers' Union.

PN2

MR B. VICKERS: I appear on behalf of Mobil Oil Australia Pty Limited and with me is MR K. SZCZEPANIAK from .....

PN3

THE COMMISSIONER: Thank you. Do want to lead off?

PN4

MS TISDALE: Yes, Commissioner. I was informed this morning that the company wished to seek an adjournment of this matter which we would oppose. I wonder if you perhaps might want to hear from the company first before we give you our reasons why we would want to oppose that adjournment.

PN5

THE COMMISSIONER: Okay. Mr Vickers.

PN6

MS TISDALE: Commission pleases, that is correct. We unfortunately discovered an error in the agreement which has been of some standing for some years now with respect to the application of shift premium. It is a matter which we drew to the attention of the local union representative last week and have asked that there be some discussions with the state branch. I am not sure whether they have actually taken place or not as yet but I did raise the matter with the federal office of the union earlier this week and alerted them to the fact that we had a problem with the agreement.

PN7

The particular issue goes to what we would describe as a clerical mistake in the appendix. There is a letter which was sent to the union yesterday afternoon, it was fairly late, and a copy I don't think made it to the Commission in time overnight so I have handed it up earlier this morning. So hopefully your associate has that on the file.

PN8

THE COMMISSIONER: Yes. I have got it.

PN9

MR VICKERS: That goes into the specific detail of the issue that we see needs to be resolved. We have not yet had an opportunity to meet with the union and discuss how we might deal with that issue, which is the reason why we are seeking an adjournment perhaps of a few days or - I am due to meet with the union next Wednesday in Sydney on other business but I understand we would need the Victorian branch probably involved as well.

PN10

I had hoped that we would be able to do this by consent this morning but, in view of the position put by the union, all I can do is request that there be an adjournment perhaps for a week or so and we would look to have discussions with the state and federal officials of the union to see if we can resolve the disagreement about the shift premium.

PN11

THE COMMISSIONER: Okay.

PN12

MR VICKERS: In a nutshell, the issue is that the permanent night shift premium of 30 per cent has been used incorrectly in the calculation of the rotating shift average premium and we are seeking to have that corrected prior to having the new agreement certified and we need to discuss with the union how we bring that about.

PN13

THE COMMISSIONER: Okay. And when do you say you have got to arrange to talk to the state branch?

PN14

MR VICKERS: I am meeting with the federal and New South Wales officials on Wednesday in Sydney. I am conscious of the fact if you are based in Sydney. I am not sure what would suit the union in terms of meeting because I think it is the Victorian branch that needs to be involved in this discussion rather than New South Wales so - - -

PN15

THE COMMISSIONER: Well, that would be true but when are you meeting with the Victorian branch?

PN16

MR VICKERS: That has not been arranged. The federal official, I think, is going to take instructions overnight and I have not had a chance to talk to her today so I am not sure when we can get together. I mean, hopefully we can do it within the next few days and then have this re-listed either in Melbourne or Sydney, I don't mind. But I am going to be interstate, that is all, so in terms of re-listing if it is going to be in Melbourne I would rather it is not Wednesday because we are already with the TWU in Sydney on other matters.

PN17

THE COMMISSIONER: Okay. Right. Okay. I will leave it to Ms Tisdale why you are opposing.

PN18

MS TISDALE: Thank you, Commissioner. We oppose the adjournment on the basis that the company characterises this as a mistake, as a clerical error, but on my instructions that shift penalty has been - that amount has been in the agreement ever since annualised salaries were first introduced and that was about 1994 or '95. So it is a very long standing clerical error if the company is correct to characterise it in that way. And on my instructions, the issue of the level of the shift penalties was raised by the company in negotiations prior to Christmas and that they didn't pursue that issue.

PN19

So we see it as inappropriate at this late stage, after the agreement has been voted on and signed off and filed with the Commission, for the company to be attempting to essentially reopen negotiations on a fairly essential term of the agreement at this very late stage.

PN20

THE COMMISSIONER: Well, I am concerned that the company is seeking to reopen the discussions, as you say, at a late stage, but I am equally concerned of the fact that I have got an agreement which I am asked to certify but only the one party is agreeing to it, which makes it difficult for me to say, yes, they can go ahead and sign the agreement. What I propose to do is set a timetable for the parties in this matter. I am conscious of the fact the Victorian branch should be involved in this and what I will do is arrange for a - well, one week for the parties to sort this matter out and to report back to me and I will do it by video conference, hook up with Sydney and Melbourne. If that is convenient to the parties.

PN21

MR VICKERS: Video - sorry, Commissioner. I couldn't quite - - -

PN22

THE COMMISSIONER: Video hook up, Sydney and Melbourne. Now, when are the parties available?

PN23

MR VICKERS: I am okay virtually either Tuesday, Thursday or Friday next week. Wednesday I am in Sydney so - with Kathy Solrinis.

PN24

THE COMMISSIONER: Okay. What is your availability?

PN25

MS TISDALE: I imagine that Ms Solrinis would want to be involved in this. She is the federal official who has been negotiating this agreement. I understand that she is also in Sydney with the company on Wednesday but I have no further instructions on her availability but I believe that she would make herself available.

PN26

THE COMMISSIONER: Is one day an appropriate time to do it in Sydney? A hook up with you, Ms Tisdale, in Melbourne?

PN27

MR VICKERS: I would expect we could do it after lunch on Wednesday in Sydney, if that suits - - -

PN28

THE COMMISSIONER: Okay. What I will do is I will leave it to the parties. Advise my office by tomorrow morning when their availability is or where their availability is. We will see if we have got an appropriate hook up time by video to Melbourne and Sydney for that. If it is going to be Wednesday, well you will be available in the afternoon, presumably - your federal office and we would have a hook up with you because you are in the loop right now.

PN29

MR VICKERS: We could hold discussions with the Victorian branch from Melbourne - - -

PN30

THE COMMISSIONER: Well if you can advise us by tomorrow morning, by say 10 o'clock tomorrow morning, we will make appropriate arrangements for a television hook up or video hook up rather and we will go ahead and see if we can go from there.

PN31

MR VICKERS: Thank you, Commissioner.

PN32

THE COMMISSIONER: This matter stands adjourned.

ADJOURNED INDEFINITELY [9.24am]