C0065/098, Transcript of Proceedings [2001] AIRCTrans 587 (12 April 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

C NO 00650 of 1998
C NO 30337 of 1998

APPLICATION FOR A REVIEW PURSUANT TO
ITEM 51 SCHEDULE 5 TRANSITIONAL WROLA
ACT 1996 OF THE NATIONAL METAL AND

ENGINEERING ON-SITE CONSTRUCTION
INDUSTRY AWARD 1989 RE CONDITIONS
OF EMPLOYMENT - AWARD SIMPLIFICATION

APPLICATION PURSUANT TO SECTION 33 OF
THE ACT RE ACTION ON THE COMMISSION'S
OWN MOTION RE NATIONAL METAL AND
ENGINEERING ON-SITE CONSTRUCTION
INDUSTRY AWARD 1989 RE CONDITIONS OF
EMPLOYMENT

SYDNEY

10.38 AM, WEDNESDAY, 28 MARCH 2001

PN1

THE SENIOR DEPUTY PRESIDENT: Can I have the appearances this morning, please?

PN2

MS K. COTIS: If the Commission pleases, I appear on behalf of the Australian Manufactures Workers Union.

PN3

MR L. BENFELL: If the Commission pleases, I appear on behalf of the CEPU.

PN4

MR S. SHERMAN: If the Commission pleases, I appear on behalf of the Australian Industry Group.

PN5

MR B. HARRIDGE: If the Commission pleases, I appear on behalf of the respondent members of Employers First.

PN6

THE SENIOR DEPUTY PRESIDENT: One of these matters has been listed before the Commission on a previous occasion back in June 1998, before Commissioner Merrriman. On a perusal of the file, it would appear there has been some work done in relation to this matter but my information from Commissioner Merriman was that these were two files that were held back pending a decision in relation to the National Building Trades Construction Award. The matter has been listed for mention this morning to ascertain from the parties any views they have as to where these matters should now go at this stage. Ms Cotis?

PN7

MS COTIS: Your Honour, since the matter was last before the Commission, due to lack of resources, we haven't had the opportunity to further this process and what we would be seeking today is adjournment that would enable us to meet with the AIG and the CEPU to have some further discussions about where we are with this process. Thank you, your Honour.

PN8

THE SENIOR DEPUTY PRESIDENT: Mr Benfell?

PN9

MR BENFELL: That concurs with our view too, your Honour.

PN10

THE SENIOR DEPUTY PRESIDENT: Mr Sherman?

PN11

MR SHERMAN: Yes, thank you, your Honour. We also would submit that we do need further discussions to take place between the parties. We therefore would agree to an adjournment to discuss any outstanding matters.

PN12

THE SENIOR DEPUTY PRESIDENT: Mr Harridge?

PN13

MR HARRIDGE: Yes, your Honour. We support the submission to the other parties.

PN14

THE SENIOR DEPUTY PRESIDENT: One of the suggestions that has been made to me by my panel head is that the Commission could arrange to have drafted an award taking into account what has happened. Not only with the National Building Trades Award perhaps but with other award simplification matters. We could provide a copy of that to the parties, give them an opportunity to consider that and then have the matter brought back on. Would the parties be happy with that course of action or would they prefer to continue to deal with the matter of their own volition?

PN15

MS COTIS: Your Honour, I would actually have to seek some instructions on those options if that is possible.

PN16

THE SENIOR DEPUTY PRESIDENT: I suspect, looking at the file that at some stage there has been an attempt at drafting an award, although it is not clear whether that has been done within the Commission. The one I have in front of me is the one done by the parties. Having heard what the parties have said, does anyone else want to make any comment about that proposal? Mr Benfell?

PN17

MR BENFELL: If I may, your Honour, my experience with the Commission doing the first draft is that it often takes longer to unpack the draft than if the parties start the process themselves. It may be of more benefit if we could have the draft you have on file, at least we could continue on the work done there.

PN18

THE SENIOR DEPUTY PRESIDENT: I, at this stage, was not proposing that if there is in existence a draft done by the Commission, that necessarily should be the document that would be the final document. In any event it is a document that would be provided to the parties for their consideration, no more than that at this point in time. Mr Sherman and Mr Harridge, do you wish to make a comment about that approach?

PN19

MR SHERMAN: Your Honour, I would have to seek further instructions to take the matter any further, but I think it might be a good idea to have discussions between the parties to see if we can come up with a draft through those discussions and then just take the matter from there, your Honour.

PN20

THE SENIOR DEPUTY PRESIDENT: Mr Harridge?

PN21

MR HARRIDGE: No submissions to make.

PN22

THE SENIOR DEPUTY PRESIDENT: How much time are the parties going to think they will need to have those discussions?

PN23

MS COTIS: At this stage, I am not sure, your Honour. Perhaps I could suggest that we get together as soon as possible after today and try and work out a time frame that we may need and get back to you about that.

PN24

THE SENIOR DEPUTY PRESIDENT: What I propose to do in relation to the matter then is consider what the parties have put to me this morning and review the files, and if I come to the conclusion that a copy of anything prepared by the Commission ought to be provided to the parties I will do so. I will also at the same time consider a date upon which I might list the matter for a report at least, from the parties. That is unlikely to be before some time in mid-May in any event. I will deal with the matter at this stage on that basis. The fixing of a date may well be determined by the state of any draft that the Commission has and is able to provide to the parties. The matter will be adjourned on that basis that is to a date to be fixed and the Commission will be in contact with the parties as soon as possible about the future processing of the matter. The Commission is adjourned.

ADJOURNED ACCORDINGLY [10.45am]