C2001/1135, Transcript of Proceedings [2001] AIRCTrans 526 (9 April 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 60-70 Elizabeth St SYDNEY NSW 2000
DX1344 Sydney Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER REDMOND

C2001/1135

AUTOMOTIVE, FOOD, METALS, ENGINEERING,
PRINTING AND KINDRED INDUSTRIES UNION

AND

CODESIGN PLUS PTY LIMITED

NOTIFICATION PURSUANT TO SECTION 99
OF THE ACT OF A DISPUTE RE REFUSAL TO NEGOTIATE
IN GOOD FAITH AN ENTERPRISE AGREEMENT

SYDNEY

2.09 PM, FRIDAY, 23 MARCH 2001

Continued from 23.2.01

Adjourned sine die

PN34

THE COMMISSIONER: There are no changes in appearances? Mr O'Keefe, this is listed for report back.

PN35

MR B. O'KEEFE: Yes, Commissioner, I appear on behalf of the AMWU and previously Mr Delaney appeared for the union.

PN36

THE COMMISSIONER: I'm sorry, yes, he did.

PN37

MR B. O'DONNELL: Commissioner, I think I appear on behalf of Codesign Plus Pty Limited.

PN38

THE COMMISSIONER: They're not paying you, I understand.

PN39

MR O'DONNELL: Well, I'm not sure of that position, Commissioner, I have been unable to get any instructions from the company this morning. I was expecting to meet with them today and they don't seem to be answering telephones, so I don't have any instructions.

PN40

THE COMMISSIONER: Yes, thank you. Mr O'Keefe?

PN41

MR O'KEEFE: Thank you, Commissioner. Certainly, Commissioner, this matter was listed as a report on the enterprise agreement negotiations following the recommendation that you made on 23 February. It's probably not the primary issue at this point in time. The union was made aware on Monday of this week that the directors of the company had elected to put the company into voluntary administration, that all the employees had been terminated and that some employees had been re-employed by the administrator to count the stock within the Revesby facility.

PN42

At this point in time we don't know, though, Commissioner, trading has been suspended, but we don't know as to whether the company will be able to recommence trading or whether it will go into liquidation, so certainly on the view of the union we believe it was appropriate to update the Commission as to where we were at. We did have two meetings in relation to the enterprise agreement. We met on the 2nd and 9th. The union sent correspondence to the company dated 7 March, outlining our concerns with the enterprise agreement and we are no closer to reaching an agreement in relation to that.

PN43

In an effort to try and establish the amounts of overtime that have been worked, because this agreement had included in it that there would be ordinary rates for overtime, a wage inspection was carried out on Friday, 16 March, by me. It took some hours and went back about 18 months. The issues that the union was seeking to address were as to whether the correct classification of employees was in place, the wage rates paid to employees and the overtime rates paid to employees. That inspection was done on the 16th. I understand that workers who reported for work on the Saturday were told that there may not be enough money around to pay them, they were sent home and all the employees were terminated on the Monday.

PN44

The union would certainly have some concerns at this stage as to the obligations to employees in relation to those award matters and certainly obligations to employees as far as their accrued entitlements. What we have done, Commissioner, is written to the administrator, a letter from the state secretary, and I might hand a copy of that up, Commissioner.

PN45

THE COMMISSIONER: Thank you. I'll mark this document exhibit O1. Yes, Mr O'Keefe.

EXHIBIT #01 LETTER FROM STATE SECRETARY TO ADMINISTRATOR

PN46

MR O'KEEFE: The union has written to the administrator, Prentice Parbery and Barilla, seeking significant information in relation to employee entitlements, work in progress, any creditors, debtors, the situation in relation to plant, equipment and assets. It was also indicated to the administrator in this correspondence that the union on behalf of our members would be a major creditor and seek a notice of any creditors meetings. The primary issue now, Commissioner, is protection of our members entitlements. It's our understanding at this point in time that the company were putting together termination letters, that people haven't received any pay on termination and the whole question of their entitlements is in jeopardy.

PN47

We would certainly seek any assistance of the Commission that may be possible in relation to that. I know the matter wasn't listed in relation to that but we may seek to make further application as far as the administrator being brought before the Commission, or orders in fact that monies be set aside to pay the employees entitlements if the Commission pleases.

PN48

THE COMMISSIONER: Yes, thank you, Mr O'Keefe. First of all, Mr O'Donnell, I understand the position you are in and you have no instructions and from what Mr O'Keefe has said there's probably a good reason for that, but in respect of the union's position, Mr O'Keefe, the Commission stands ready to assist you in whatever way it can. There may be some limitations, of course, on what we can do but I'm sure you will talk to your legal advisers. If you think seeking orders under 127 might be an appropriate way to go then those applications will have to come from the union. However, as this matter was about the bargaining I don't think we can take this matter any further today and I wish you well. The Commission stands adjourned.

ADJOURNED INDEFINITELY [2.16pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #01 LETTER FROM STATE SECRETARY TO ADMINISTRATOR PN46