C2001/206, Transcript of Proceedings [2001] AIRCTrans 574 (12 April 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 6595

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C2001/206

STORK ICM AUSTRALIA PTY LTD

AND

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

NOTIFICATION PURSUANT TO SECTION 99 OF
THE ACT OF A DISPUTE RE PAYMENT OF WAGES

MELBOURNE

11.32 AM, WEDNESDAY, 28 MARCH 2001

CONTINUED FROM 7.2.01

PN59

MR W. McGUIRE: I appear for Stork ICM Australia Pty Ltd with

PN60

MR J. O'DRISCOLL, the Site Industrial Relations Manager, and MR P. JEWELL, the Construction Manager.

PN61

MR P. COFFEY: I appear for the CEPU Electrical Division.

PN62

MR M. WHITE: I appear for the AMWU with MR T. MABRIMATIS AND MR C. MARSHALL, shop stewards from the job.

PN63

MR N. WASHINGTON: I appear for the Construction, Forestry, Mining and Energy Union with MR E. BELT and MR G. PRICE.

PN64

THE COMMISSIONER: Have you got any delegates with you, Mr Coffey?

PN65

MR COFFEY: Yes, Commissioner.

PN66

THE COMMISSIONER: Who are they?

PN67

MR COFFEY: Strathbee, initial C which is a job steward, Commissioner.

PN68

THE COMMISSIONER: Do those stewards represent all of the unions on the site? Mr Washington, you are not at home in the loungeroom, sit up properly.

PN69

MR WASHINGTON: Yes, there is no others involved, Commissioner.

PN70

THE COMMISSIONER: This matter has been called on about a disagreement on the site. I intend to adjourn the Commission into conference if there are no objections.

PN71

MR McGUIRE: No, we have no objections, Commissioner.

PN72

MR WASHINGTON: No, it is our preferred course of action, Commissioner.

PN73

THE COMMISSIONER: The Commission is adjourned into conference. All those persons not involved on the site can leave the Commission.

SHORT ADJOURNMENT [11.34am]

RESUMED [1.55pm]

PN74

THE COMMISSIONER: During the several hours of discussion between the parties, both separately and with the parties, the Commission has formed the view that the matter is at an impasse. Mr McGuire, what is the company's final position?

PN75

MR McGUIRE: Thank you, Commissioner. Mr Jewell in fact is probably better. He has written it down and probably better too.

PN76

THE COMMISSIONER: Well, he had better read it out.

PN77

MR JEWELL If it pleases the Commission. In relation to the company's position in relation to the 44 terminated on Friday they are to be terminated. The company will provide 14.5 hours pay at normal time to those employees as a settlement of this issue only, though the company will accept three volunteers that have been offered to us in relation to the discussions that have been ongoing during today, in addition to the 44 this week, if there is a genuine wish for them to go and if it is suited to the skills mix the company requires to complete the project.

PN78

In relation to the future process the company put forward that we shall give 48 hours notice for discussion with the union stewards on site, of the numbers to go based on skills mix required for the project to be terminated for that period of time. Those that have volunteered to the unions or to the company will be considered with respect to the skills mix required for the completion of the project. Thank you, Commissioner.

PN79

THE COMMISSIONER: Mr Washington or Mr White or Mr Coffey. Mr White.

PN80

MR WHITE: Commissioner, we still dispute the number of people to go and the mix of classifications and also dispute the issue in regards to volunteers being additional. We believe that they are to be inclusive in the original number, that they can be substituted for people the company proposed to go and we believe that to be a fundamental issue, and we maintain that position.

PN81

THE COMMISSIONER: Anything to add, Mr Washington?

PN82

MR WASHINGTON: In terms of the future redundancies, Commissioner, we say our position is that there be 48 hours' notice to the shop stewards, that a meeting be convened, that discussions take place in terms of numbers, justifications and general debate questions and answers; that the criteria ought to be last on first off in the classification, or as otherwise agreed. By that I mean it will clearly come at a given point in time where seniority will be identical and there will need to be an agreed means of separating people.

PN83

Whether that is done by drawing them out of a hat, volunteers, or the boss deciding, we say that is a question of further debate; that volunteers should always be accepted in lieu, provided they are in the same classification and that delegates and occ health and safety representatives be the last off in their classification. I believe Mr White has dealt with the current problem and we simply say they should be treated in the same way. If it pleases the Commission.

PN84

THE COMMISSIONER: Anything to add, Mr Coffey?

PN85

MR COFFEY: If it pleases the Commission I think Mr Washington and Mr White have said it; I would just like to make a point that I also have a problem with the voluntary redundancies. I can't see why that they can't be a - put in front of the people that they are - the company wants to sack and my position is the same. Thank you.

PN86

THE COMMISSIONER: Yes. Mr McGuire, is there still a stoppage of work at the site?

PN87

MR McGUIRE: There is a stoppage, Commissioner. It has been continuing since 1 o'clock on Monday so we currently don't have a return to work.

PN88

MR WASHINGTON: We dispute that, Commissioner, everyone was taken off the clock ..... There have been three proposals put to the company to enable the return to work.

PN89

MR McGUIRE: All those proposals, Commissioner, were conditional and not acceptable to the company.

PN90

THE COMMISSIONER: Righto. This site has been a hodgepodge of failed industrial relations. It has been before this member of the Commission and other members of this Commission on many occasions from its inception or birthing, to the starting of work, to the start of the second phase of the project, and all I can say is it really does no-one any good. But as a member of this Commission I am not going to shirk my responsibilities.

PN91

The Commission orders pursuant to section 111(1) of the Workplace Relations Act that all bans, limitations and the stoppages at the site cease and there be a normal return to work from a normal start time tomorrow, which is Thursday, 29 March in the year 2001. Further, for each day the action continues it shall be deemed to be a separate breach of the order. The Commission is adjourned.

ADJOURNED INDEFINITELY [2.00pm]