AG2001/3231, Transcript of Proceedings [2001] AIRCTrans 2528 (2 October 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 0135
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER WHELAN

AG2001/3231
AG2001/3232
AG2001/4559
AG2001/4762

APPLICATIONS FOR CERTIFICATION
OF AGREEMENTS

Applications under section 170LJ of the Act
by Envelope Specialists a division of Envotec
Pty Ltd for certification of the following
agreements: Specialists (WA) Enterprise Agreement
2001 - Manufacturing, Envelope Specialists (WA)
Enterprise Agreements 2001 - WA Sales Branch,
Australian Envelopes Victoria Agreement 2001 and
the Australian Envelopes (New South Wales)
Enterprise Agreement 2001

MELBOURNE

10.11 AM, FRIDAY, 7 SEPTEMBER 2001

PN1

THE COMMISSIONER: Good morning, I will take the appearances in these matters, please.

PN2

MR J. HARGRAVE: I appear for the Printing Industries and I am accompanied by MR G. STEPHENSON from Australian Envelopes, Envotec.

PN3

MR S. ROGERS: I appear for the AMWU.

PN4

THE COMMISSIONER: Now, if it suits the parties, I intend to deal with all of these agreements together rather than to deal with each of them separately unless there is any particular matters that need to be addressed in relation to any particular agreements.

PN5

I have taken the opportunity to read the material that has been lodged in relation in each of these matters. In relation to the Envelope Specialists (WA) Enterprise Agreement WA Sales Branch, I have read the statutory declarations of Mr Knox and Mr Chapman; in relation to the Envelope Specialists (WA) Enterprise Agreement 2001 - Manufacturing, I have read the statutory declarations of Mr Knox and Mr Chapman; in relation to the Australian Envelopes (New South Wales) Agreement 2001, I have read the statutory declarations of Mr Stephenson and Ms Perkins; and in relation to the Australian Envelopes Victoria Agreement 2001, I have read the statutory declarations of Mr Stephenson and Mr Larkin. I have also taken the opportunity to read the agreements themselves.

PN6

There was one issue that arose in relation to the agreements which I need to seek clarification on. In the New South Wales agreement, in relation TO dispute settlement procedures, if I can just go to that, the - which is clause 21. The dispute settlement procedure says:

PN7

If no agreement is reached, to appoint an arbitrator either party may refer the dispute to the Australian Industrial Relations Commission.

PN8

The next clause then says:

PN9

Decisions of the arbitrator or the Australian Industrial Relations Commission shall be binding on both parties.

PN10

Each of the other agreements simply says that:

PN11

Either party may refer the dispute to the Australian Industrial Relations Commission.

PN12

I need to know from the parties is it the intention of the parties that the Commission should conciliate and/or arbitrate in relation to disputes?

PN13

MR STEPHENSON: Commissioner, that clause as you can see was from 22.2 - 21.2 and it has that particular connotation towards any hardship or relocation of the factory.

PN14

THE COMMISSIONER: Yes.

PN15

MR STEPHENSON: And the view was that at the end of the day if we unable on those rare cases that we would have found it with hardship, then, yes, we probably would be seeking for a ruling.

PN16

THE COMMISSIONER: Yes, I understand that. What I am saying is in relation to the other agreements, each of the dispute settlement procedures says:

PN17

If the matter cannot be resolved it may be referred to the Commission.

PN18

What I am asking you is: what is the intention of the party as to what the Commission should do if the matter is referred to the Commission?

PN19

MR STEPHENSON: Permission to arbitrate.

PN20

THE COMMISSIONER: Thank you. Is that the view of the union, Mr Rogers?

PN21

MR ROGERS: As I understand it, Commissioner, yes.

PN22

THE COMMISSIONER: Okay then, thank you. That was the only query I had in relation to the agreements and I am interested in hearing from both of the parties now as to whether there is any other matters that they want to particularly draw to my attention in relation to these agreements. Mr Hargrave.

PN23

MR HARGRAVE: Commissioner, there is one. If I could take you to the Envelope Specialists WA Enterprise Agreement - Manufacturing.

PN24

THE COMMISSIONER: Yes.

PN25

MR HARGRAVE: In that particular agreement you will find that there are wage rates that have been included in the agreement.

PN26

THE COMMISSIONER: Yes.

PN27

MR HARGRAVE: We would be seeking that those wage rates which are in the schedules, that they remain as confidential and not be published.

PN28

THE COMMISSIONER: Right. So the wage rates contained in the WA Manufacturing agreement - - -

PN29

MR HARGRAVE: Yes.

PN30

THE COMMISSIONER: - - - in a schedule to that agreement - - -

PN31

MR HARGRAVE: Schedule 1 commences at - - -

PN32

THE COMMISSIONER: Schedule 1 should be marked as a confidential and kept sealed on the file.

PN33

MR HARGRAVE: Schedule 1, Schedule 2 as well. There is wage rates in Schedule 2 as well.

PN34

THE COMMISSIONER: All right then. Okay, well I will direct that the wage rates in Schedule 1 and Schedule 2 of the Envelope Specialists (WA) Enterprise Agreement 2001 - Manufacturing, will be marked confidential and will be kept in an envelope - a sealed envelope on the file. Okay. Is there any other matters that you wish to bring to my attention, Mr Rogers?

PN35

MR ROGERS: No, Commissioner. That is - that agreement about the wage rates is - it tallies with the copy that I have. We should all mark in confidence.

PN36

THE COMMISSIONER: They are all marked in confidence?

PN37

MR ROGERS: Yes.

PN38

THE COMMISSIONER: All right then. Okay well I think that I have everything - it took a little while but I think I now have all the signed documentation in relation to this matter and that I am therefore in a position to certify these agreements. The date of certification in relation to each agreement will be today's date. The dates - the nominal expiry dates do vary in relation to the agreements. In relation to the Envelope Specialist WA Enterprise Agreement 2001 WA Sales Branch and the Envelope Specialist WA Enterprise Agreement 2001 - Manufacturing, the nominal expiry date is two years from date of certification. So in those cases, the nominal expiry date will be 7 September 2003.

PN39

In relation to the New South Wales agreement, the nominal expiry date is two years from the date of signing which was 6 August 2001 and it therefore will have a nominal expiry date of 6 August 2003. And the Australian Envelopes Victoria Agreement 2001 is also two years from the date of signing and I think the date I actually got the final signed copy was today. So it is therefore nominal expiry date will also be 7 September 2003. Certificates to that effect will be issued and provided to the parties in due course.

PN40

Thank you.

ADJOURNED INDEFINITELY [10.18am]