C2001/5563, Transcript of Proceedings [2001] AIRCTrans 3159 (20 November 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114J MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 1066
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOLMES

C2001/5563

APPLICATION FOR ORDER TO STOP
OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the Act
by Chubb Security Australia Pty Limited re
industrial action at Tullamarine Airport

MELBOURNE

1.15 PM, FRIDAY, 2 NOVEMBER 2001

Continued from 31.10.01

PN643

THE COMMISSIONER: Good afternoon. I gather that as a result of the recommendations I made last night there is a desire on the parties that the recommendations be made in a more formal sense pursuant to section 111AA. Is that correct?

PN644

MS FRENZEL: Yes, that is correct, Commissioner, and I do have a draft recommendation which I have given to Mr Katz and provided to the ACTU representatives and the Victorian Government representative.

PN645

THE COMMISSIONER: Mr Katz, is that your - - -

PN646

MR KATZ: Yes, Commissioner, I confirm that that is the case.

PN647

THE COMMISSIONER: So in effect, in conducting this hearing I am taking into account all that took place in the proceedings pursuant to section 127 and also the proceedings which were instigated by me pursuant to section 117 by way of a compulsory conference, and that as a consequence of that and I understand that both parties are prepared to accept my recommendation and that they will comply with my recommendation. That is correct?

PN648

MS FRENZEL: Yes, that is correct. On behalf of the LHMU, that is correct.

PN649

MR KATZ: Commissioner, just one thing, I had suggested as a slight amendment to the draft, but the union's sort of confirmation of their understanding of what clause (3)(b) means, sir, we have got no problem with it going in as it is, that:

PN650

Without prejudice to Chubb's rights regarding the proposed work value application -

PN651

that covers the whole of sub-paragraph (b). In other words, even the payment, the interim payment is also without prejudice to Chubb's rights with regard to the work value application. In other words, Chubb is free to argue - to make any arguments it deems desirable with respect to the work value application. And that the payment of the 50 cents interim payment is not to be seen as an admission that Chubb would under the work value principles be liable to pay the 50 cents.

PN652

MS FRENZEL: Commissioner, Mr Katz can put on the record for his client exactly what he wants. As far as the union is concerned, the members who voted on the proposal last night were provided with a copy of the document that was floating around during the negotiations yesterday and which is reproduced from (a) to (d). And that was the proposal they voted on. They understood what they were voting on and as far as I am concerned and the union is concerned, that is the arrangement with respect to the section 111AA recommendation by consent.

PN653

THE COMMISSIONER: Is there anything further you wish to say?

PN654

MR KATZ: No, Commissioner, that was just confirming our understanding of what (b) meant, and I am probably being overly pedantic, because as I understand it it was certainly Chubb's intentions with that wording, that it was going to cover, you know, everything with respect to the work value application, that we reserve our rights and it is without prejudice.

PN655

THE COMMISSIONER: We will go off the record for a moment.

OFF THE RECORD

PN656

THE COMMISSIONER: Just - - -

PN657

MS FRENZEL: Oh, just one thing, Commissioner, on the record.

PN658

THE COMMISSIONER: Yes.

PN659

MS FRENZEL: Sorry. The union would like to extend its gratitude to the processes of the Commission over the last two days and facilitating the recommendation. We would also like to extend our gratitude to the Victorian Government for their assistance in the dispute and to the ACTU. We feel it was - we feel that the recommendation is a way forward and certainly their assistance, everybody's assistance was gratefully appreciated both by the union officials and the members. If the Commission pleases.

PN660

THE COMMISSIONER: Thank you.

PN661

MR KATZ: I echo that, Commissioner.

PN662

THE COMMISSIONER: Thank you. I will hand down a formal record pursuant to section 111AA in the following terms.

PN663

(1) This recommendation is made under section 111A of the Workplace Relations Act 1996 (WR Act).

PN664

(2) At issue is the matter of a process for resolving the ongoing industrial dispute between Chubb Security Australia Pty Limited ("Chubb") and the Australian Liquor, Hospital and Miscellaneous Workers Union ("the Union") about rates of pay for Chubb employees who are engaged at work at Melbourne Airport and Avalon Air Base.

PN665

(3) The Commission therefore recommends:

PN666

(a) The union will make application to the Australian Industrial Relations Commission (this Commission) to vary the Security Employees (Victoria) Award 1998 under the work value principles;

PN667

(b) Without prejudice to Chubb's rights regarding the proposed work value application, Chubb Security agrees to pay to those employees recently subject to the section 170MX arbitration, an all purpose allowance of 50 cents per hour, such payment to be made from 1 November 2001; the above allowance is an interim payment towards any arbitrated outcome regarding the work value application:

PN668

(c) The union make application to the Commission - that is, this Commissioner - with the next two weeks; the parties agree that the matter, subject to the availability of the Commission, will be dealt with as a matter of urgency:

PN669

and:

PN670

(d) The union and its members commit to abide by the outcome of any Commission decision and, whilst the matter is before the Commission undertake to refrain from any further industrial action in relation to these proceedings.

PN671

I will formally issue that recommendation later today and a sealed copy will be sent post haste to both parties and the recommendation will be faxed also. I would like to express my appreciation to all involved in the conference yesterday and in the discussions which took place. There is much truth in what both Ms Frenzel put which has been echoed by Mr Katz in relation to those interveners and certainly the matter could not have been brought to the fruitful outcome that it has without all of the parties working as they did yesterday.

PN672

It may possibly have been able to achieve an outcome more quickly, but certainly what needed to be done was done and I thank all those involved from both the parties and the interveners in relation to this matter. And let us hope that what has now been recommended will bring about an outcome which all can happily - maybe that is not the right adjective - but anyway, can accept. This matter is adjourned.

ADJOURNED ACCORDINGLY [1.25pm]