C2001/3717, Transcript of Proceedings [2001] AIRCTrans 2747 (11 October 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 0429

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C2001/3717

CHEMICAL INDUSTRY - SCIENTIFIC AND
TECHNICAL OFFICERS AWARD, 1998

Application under section 113 of the Act
by the Automotive, Food, Metals,
Engineering, Printing and Kindred
Industries Union to vary the above award
concerning classification

MELBOURNE

11.31 AM, TUESDAY, 25 SEPTEMBER 2001

Continued from 16.8.01

PN183

MS A. DONNELLAN: I appear for the AMWU.

PN184

THE SENIOR DEPUTY PRESIDENT: Thank you Ms Donnellan.

PN185

MR G. PELS: I appear for the Australian Industry Group.

PN186

THE SENIOR DEPUTY PRESIDENT: Thank you Mr Pels. When this matter was last before me, I think, the parties were going to go away and try to sort it out, so where have we got to?

PN187

MS DONNELLAN: The parties are still trying to sort it out, your Honour. We have had one meeting with the AIG on 21 September and also some telephone discussions with Mr Steve Gost, who handles the competency standards issues nationally for the AIG. In response to that discussion, the AMWU has put to the AIG an amended order with respect to one aspect of the application and that goes to the updating of the qualification titles in the award.

PN188

The AIG has expressed some concern about proceeding with that aspect of the application, in light of some future discussions the AIG wish to have with the AMWU and other unions, party to the Metals Engineering and Associated Industries Award, in relation to the qualification specifications in that award. On that basis, I have provided to the AIG an amended draft order which basically only attempts to insert into the classification structure, reference to the specific qualifications that are contained in the Laboratory Operations National Training Package as opposed to the updating exercise and the AIG is yet to consider their response to that.

PN189

That is one aspect of the application and in many ways a procedural aspect rather than the primary aspect of the application, which is the insertion into the classification procedures referenced to the Laboratory Operations National Training Package and the competency standards contained therein. I have been advised by the AIG that they have not had the opportunity, for a range of reasons, to properly examine the content of the Laboratory Operations National Training Package, to determine their position. From my assessment of it, the employer association does not fundamentally oppose this application.

PN190

The scope of the concern, as I read it at the moment, is basically limited to detail as to how the national training package can be referred to in the award, the reference to particular qualifications and how they fit with the classification structure of the award and also the use of the competency standards for the purposes of classification and re-classification. Given that the procedures that are portrayed in our draft order, reflect those in the Metals Engineering Industries Award and make reference to the implementation guide, that is of relevance to that particular award. We see that the scope of any issue in dispute should be quite narrow.

PN191

However, we were before Munro J this morning, with respect to the Drafting, Production Planners and Technical Workers Award, again the scope of the application is the same as the application before you, your Honour and a procedure was in effect agreed with Munro J as to how this matter could be finalised and that is that we are to meet, over the next four to five weeks, with a purpose of finalising the points of agreement and to identify any issues, if there are any issues, that require arbitration by the Commission.

PN192

And that we are to actually complete this process within a period of five weeks and that the detail of that process to be quite specific in that if we identify areas that require arbitration we are to provide an outline of our submissions with respect to those issues, including identification of any witnesses and the provision of witness statements. In light of the full circumstances, the AMWU would also be prepared to engage in a similar process, given the content is the same as that for the Drafting, Production Planners and Technical Workers Award and with a similar timeframe.

PN193

For the information of the Commission, the date we have before Munro J is 29 October, so a comparable timeframe would be preferred by the AMWU, with respect to this matter, if it pleases the Commission.

PN194

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Donnellan. Mr Pels?

PN195

MR PELS: Yes, thank you, your Honour, Ms Donnellan has basically summed up what has occurred, your Honour, that the parties have had some discussions but for reasons beyond our control we haven't had the opportunity to meet as often as we would like, but we are still moving towards areas of agreement, which we think we should be able to do in the main and I support the proposal that we would report back on or about 29 October, to present to the Commission areas of agreement and hopefully the small amounts of disagreement there are, if the Commission pleases.

PN196

THE SENIOR DEPUTY PRESIDENT: Yes, well, sounds like a pretty sensible suggestion to me. We will adjourn this matter then until, I will just go off the record and we will discuss some dates.

OFF THE RECORD

PN197

THE SENIOR DEPUTY PRESIDENT: We will adjourn this matter until Thursday 1 November at 10.00 am, for report back. At which time the parties will indicate to me what the position is in the same manner in which they will have indicated to Munro J their positions in the other matter. I don't think I need give any other directions, do I. In that case, thank you for your attendance and good luck with your deliberations. We will adjourn the Commission.

ADJOURNED UNTIL THURSDAY, 1 NOVEMBER 2001 [11.am]