AG2002/477, Transcript of Proceedings [2002] AIRCTrans 1094 (3 April 2002)

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

SENIOR DEPUTY PRESIDENT CARTWRIGHT

AG2002/477

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Crane Aluminium Systems - A Division
of Crane Enfield Metals Pty Limited and
Another for certification of the Crane
Aluminium Systems (Smithfield) Enterprise
Agreement 2001

SYDNEY

10.09 AM, MONDAY, 18 MARCH 2002

Continued from 5.2.02

PN38

THE SENIOR DEPUTY PRESIDENT: We'll do the appearances, please.

PN39

MS J. STREIMER: If the Commission pleases, I appear for the Australian Industry Group on behalf of Crane Aluminium Systems.

PN40

MR I. MORRISON: If it please the Commission, I appear on behalf of the Australian Manufacturing Workers Union in this matter.

PN41

THE SENIOR DEPUTY PRESIDENT: Last time the certification of this agreement was listed for hearing, I sought two undertakings and we listed this morning because essentially a satisfactory response on those undertakings hasn't yet been received. So, Ms Streimer, I believe you have something for us this morning.

PN42

MS STREIMER: Thank you, your Honour. Your Honour, following the hearing on 5 February, two undertakings were requested of the parties and as such, this file has been handled by Mr Cole of our office and as you may or may not be aware, Mr Cole has taken extended leave at this time. Mr Cole requested clarification of the issues from the company and upon receiving their clarification, especially in regards to the dispute settlement clause, Mr Hargraves had correspondence with your office, I believe, on 20 February. I note that in that letter the issue of dispute settlement clause is the only issue addressed.

PN43

Following your letter to the Australian Industry Group on 28 February stating that the Commission was not satisfied with the response from the parties, I conferred with the parties on both issues last week and I have an undertaking from the company in terms of the dispute settlement clause further to the letter sent to the Commission on 19 February. The intentions of the parties in terms of the dispute settlement clause is for conciliation and/or arbitration.

PN44

To the second issue relating to the out of time application, I wish to bring the Commission's attention to the statutory declarations filed on 9 January. Conferring with the union and with the company, it would appear that the dates listed in the statutory declarations are actually incorrect. The statutory declarations state that the date on which the vote was taken was 5 September. I'm sure Mr Morrison will address you on this as well. My understanding is on 5 September an initial approval of the agreement was reached between the company and the union.

PN45

Again on 5 October a vote was taken but the final vote to approve the agreement actually was not made until 29 November 2001. With the vote taking place on 29 November and filing on 9 January, the agreement is still out of time but not nearly as substantially as before. I have a letter sent to me by the company which gives an undertaking that the reasons for the lateness had been explained to the employees and the union has met with the employees in order to discuss the matter of the lateness and to seek their re-endorsement of the agreement and I hand that up for completion of the file and as such, I believe that the company and the Australian Industry Group has therefore completed the undertakings hopefully to your satisfaction.

PN46

THE SENIOR DEPUTY PRESIDENT: I'll mark as A1 a letter from Frank Redman to the Australian Industry Group dated 15 March 2002.

EXHIBIT #A1 LETTER FROM FRANK REDMAN TO THE AUSTRALIAN INDUSTRY GROUP DATED 15/03/2002

PN47

MS STREIMER: Your Honour, further to that letter, I also have another letter which I don't know if it has been sent to the Commission or not.

PN48

THE SENIOR DEPUTY PRESIDENT: Just before you go on. So essentially you're advancing this letter as the response to the Commission's concern about the degree of lateness and therefore the need to explain to the employees that even though it was filed, I recall it was something like four months late, that that lateness effectively had no impact on the employees.

PN49

MS STREIMER: Exactly and the four month lateness is actually correct since the final vote wasn't taken till 29 November. All of these issues have been explained to the employees. I believe that date is noted in the letter. I also have similar documentation from the AMWU which I'm sure Mr Morrison will address the Commission on.

PN50

THE SENIOR DEPUTY PRESIDENT: Right. Is there anything else you need to correct in the statutory declarations?

PN51

MS STREIMER: No, that is my understanding that is all. It's just the date. On 5 September which is the date mentioned in the statutory declarations, an endorsement was given between the union and the company that it was not the final vote, including the employees. So it's just a misunderstanding, your Honour.

PN52

THE SENIOR DEPUTY PRESIDENT: Mr Morrison?

PN53

R MORRISON: Yes, your Honour. I'd like to contribute further to what Ms Streimer has put to you today with regard to the dispute settling procedure. I believe that matter has been addressed quite adequately and the union, AMWU supports what Ms Streimer said. With regard to the lateness and I am actually instructed by the union delegates to read into the transcript the letter that they have sent to the company. The letter was directed to Frank Redman the National Distribution Manager of the firm. Basically he wrote, the union organiser, Mr Bruce O'Keefe wrote:

PN54

I write to formally advise Crane Aluminium Systems of a meeting of AMWU members convened on 15 March 2002. This meeting was convened to update members on the processing of the Crane agreement and the direction to the Australian Industrial Relations Commission. The meeting endorsed the following motion -

PN55

and this is quite important, your Honour:

PN56

This meeting of the AMWU members employed by Crane Aluminium Systems having heard a report from the AMWU on proceedings in the Australian Industrial Relations Commission regarding the certification of our agreement thank the Commission for its diligence in this matter.

PN57

By saying that, they recognise the situation as it occurred:

PN58

We note that an in principle agreement was reached on 5 October 2001.

PN59

So what happened there, your Honour, was an agreement was reached between the union organisers and the company in September and then an in principle agreement was met with the union delegates and the company on 5 October 2001 and the document was finally endorsed on 29 November 2001:

PN60

...and therefore this meeting of AMWU members re-endorses the Crane Aluminium Systems Enterprise Agreement as the first agreement at this site since the acquisition from Boral Windows. We request the agreement be certified by the AIRC.

PN61

So therefore, Ms Streimer's point about the lateness of the application should really be taken being conscious of 29 November and not as the erroneous date put on the statutory declaration of 5 September which is when the first, yes, we finally settled this but the actual, the formal process as required by the Commission and its rules.

PN62

THE SENIOR DEPUTY PRESIDENT: By implication in passing that motion, the employees are aware that the lateness has no impact on them?

PN63

MR MORRISON: No, that's exactly right. They're fully aware, there is no changes and they fully accept the workforce from 29 November to 15 March is substantially the same. So we seek certification of the agreement also, your Honour.

PN64

THE SENIOR DEPUTY PRESIDENT: Thank you very much. This is an application made under section 170LJ of the Workplace Relations Act 1996 for certification of an agreement known as the Crane Aluminium Systems (Smithfield) Enterprise Agreement 2001. I've reviewed the statutory declarations previously filed by the parties to the agreement and the content of the agreement.

PN65

On the basis of the material and the submissions and undertakings you've given this morning on transcript, I am satisfied that the relevant requirements of the act and the rules of the Commission have been met. In accordance with section 170LT of the Workplace Relations Act 1996, the Commission certifies the agreement. It should come into force from today and remain in force until 30 June 2002. A certificate will issue to this effect. Thank you.

ADJOURNED INDEFINITELY [10.19am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 LETTER FROM FRANK REDMAN TO THE AUSTRALIAN INDUSTRY GROUP DATED 15/03/2002 PN47