AG2001/5916, Transcript of Proceedings [2001] AIRCTrans 3202 (22 November 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 1127

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2001/5916

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Huntsman Chemical Company Australia Pty
Ltd for certification of the Huntsman
Chemical Company Australia Pty Ltd West
Footscray, Enterprise Development
Agreement 2001

MELBOURNE

10.25 AM, WEDNESDAY, 7 NOVEMBER 2001

PN1

MS Z. ANGUS: I appear on behalf of the Australian Workers Union and with me this morning is MR A. BUGG who is the site delegate for the AWU.

PN2

MS R. WILSON: Human Resources, for Huntsman Chemical Company and with me is MR M. DOMAINGUE who is a work experience and HR.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes. Who wants to address me?

PN4

MS ANGUS: Thank you, your Honour. Your Honour, this is an application to certify a Division 2 agreement. That agreement is the Huntsman Chemical Company Australia Proprietary Limited West Footscray Enterprise Development Agreement 2001. Your Honour, it is the submission of both the parties that all the requirements of the Act have been met in the negotiating approval process and the processing of this agreement. It contains a dispute resolution procedure at clause 10. It provides for a nominal expiry date of 30 June 2004. It provides for terms and conditions which are superior to the various awards that are identified in the agreement and therefore we say passes the no disadvantage test.

PN5

It was negotiated in a manner that involved the employees themselves and therefore meets the requirements of the Act in that respect and contains no provisions which would be contrary to the terms of the Act. And for all those reasons, your Honour, we seek the agreement be certified. There is one issue that was a matter of some debate between the parties about the application of the agreement and if I may I will hand up, just for the completion of the file - there was some confusion about the long service leave provisions contained in the agreement and the parties are seeking, your Honour, that we have that document which provides some elaboration about how the long service leave provisions operate. If we could have that attached to the agreement just for the purpose of completing the file.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes. Which clause is the long service leave clause, Ms Angus?

PN7

MS ANGUS: Clause 47. The addition provides for the taking of long service leave in a minimum block and there was just some discussion about what that minimum block should be so that has been clarified between the parties. Unless there are any particular questions that your Honour might have of us I would seek that the agreement be certified in the terms outlined.

PN8

THE SENIOR DEPUTY PRESIDENT: I am just wondering where the other union parties are this morning.

PN9

MS ANGUS: Well, I mistakenly sent off the CFMEU. They had actually turned up, so I could probably undertake to be appearing on behalf of the CFMEU. The other unions I can't say, your Honour.

PN10

THE SENIOR DEPUTY PRESIDENT: But there is no doubt that the agreement is between the company, APESMA, the AWU, the AMWU, the CEPU, the NUW and the CFMEU?

PN11

MS ANGUS: That's correct and they were all actively involved in the negotiating of the agreement so perhaps they have just got other more pressing matters this morning.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes. Perhaps you might charge them a bargaining agent's fee, Ms Angus.

PN13

MS ANGUS: Indeed, what a good idea. Thank you, your Honour.

PN14

THE SENIOR DEPUTY PRESIDENT: Ms Wilson.

PN15

MS WILSON: I agree, yes, if it pleases the Court, to have it certified. Thank you.

PN16

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes, I am satisfied - I have read the agreement. I have also read the statutory declarations on behalf of each of the parties in support of the agreement. I am satisfied that the statutory requirements of the Act have been met, in particular the requirements of section 170LK have been satisfied. There are no reasons as far as I am aware in section 170LU as to why I should refuse to certify it so I will certify the agreement. It will operate from today's date and the document that has been handed up to me which I will mark as exhibit AWU1, being an explanation of the long service leave clause of the agreement will be appended to the file.

EXHIBIT #AWU1 EXPLANATION OF THE LONG SERVICE LEAVE CLAUSE OF THE AGREEMENT

PN17

THE SENIOR DEPUTY PRESIDENT: If there is nothing else, thank you for your attendance.

PN18

MS WILSON: Thank you, your Honour.

ADJOURNED INDEFINITELY [10.30am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AWU1 EXPLANATION OF THE LONG SERVICE LEAVE CLAUSE OF THE AGREEMENT PN17