AG2002/757, Transcript of Proceedings [2002] AIRCTrans 1402 (29 April 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2002/757
AG2002/758

APPLICATION FOR CERTIFICATION OF AGREEMENT

Application under section 170LK of the Act
by the Allcast (NT) Drainage Systems Pty Limited
and by Hurdleb Pty Limited t/as Alice Precasters
for certification of the Metal Industry
(Northern Territory)(Consolidated) Award 1982

DARWIN

2.15 PM, THURSDAY, 11 APRIL 2002

PN1

THE DEPUTY PRESIDENT: Thank you. As both of these agreements are on identical terms, we may deal with them together because the questions that I have to ask relate to both. Is that easier for the parties?

PN2

MS S. DENNINGTON: Certainly.

PN3

THE DEPUTY PRESIDENT: Okay. If I could take appearances in both of them. I take it you are appearing for both companies?

PN4

MS DENNINGTON: Yes.

PN5

THE DEPUTY PRESIDENT: Yes and Simon is appearing for?

PN6

MR S. BARTLETT: Allcast.

PN7

THE DEPUTY PRESIDENT: Allcast. And Rodney is appearing for Alice Precasters. All right. I think it might be easier if I ask you the questions that I need answered rather than you tell me - - -

PN8

MS DENNINGTON: Everything.

PN9

THE DEPUTY PRESIDENT: Yes, that is right. Okay. And most of it is for clarification and maybe you can just explain to me how some of the provisions are intended to work and that is really all I need to know. But I have to, as one of the requirements under the Act, to do a no disadvantage test and unless I can understand what it means, it is a bit difficult. In the agreements, the provision for overtime - is it after 55 hours they go onto the overtime rate in the appendix which is slightly in excess of time and a half, or they can take time off in lieu, is that the way that is to work? They bank some overtime hours and they can use that time when work is a bit short or they want to take some additional leave or things like that?

PN10

MS DENNINGTON: Yes. Yes, that is how it is intended to work as to keep consistency of their salaries coming in, I mean their pays coming in over a period of the agreement so when downturn they use the banked hours at the overtime rate.

PN11

THE DEPUTY PRESIDENT: And it maintains a regular income when there are times of no work being available.

PN12

MS DENNINGTON: Or additional leave.

PN13

THE DEPUTY PRESIDENT: All right. Okay. I will take it you two - you possibly understand it better than I do.

PN14

MR BARTLETT: Yes.

PN15

THE DEPUTY PRESIDENT: That is how it works?

PN16

MR BARTLETT: We've been over it that many times.

PN17

THE DEPUTY PRESIDENT: Okay. All right. The allowances under the award which are the district allowance, meal allowance and the travel allowances are included in the rate of pay?

PN18

MS DENNINGTON: Yes.

PN19

THE DEPUTY PRESIDENT: Yes. It is based on a 38 hour week and the normal rate is the hourly rate in appendix A, that is the lower of the 55 hour rate?

PN20

MS DENNINGTON: Yes. That is the case, appendix 1.

PN21

THE DEPUTY PRESIDENT: Clause 14 talks about the dispute settlement and one presumes you possibly won't have any, or hopefully you won't have any, but if you - the last step is bringing it here for settlement. Do I take it by settlement you mean that you will accept the decision of the Commission or the recommendation of the Commission in settlement?

PN22

MS DENNINGTON: Yes. That is the case.

PN23

THE DEPUTY PRESIDENT: All right. I think that is about it. The rates are considerably over the award rate even when you put the allowances in there. Those were the only questions I had. Pretty easy. You two did the negotiations?

PN24

MR BARTLETT: Yes.

PN25

THE DEPUTY PRESIDENT: On behalf of the other employees. They all understand exactly what they have signed up for?

PN26

MR BARTLETT: Yes.

PN27

THE DEPUTY PRESIDENT: And they are happy about it?

PN28

MR BARTLETT: Yes.

PN29

MR R. THOMAS: Yes.

PN30

THE DEPUTY PRESIDENT: Okay. You weren't put under any duress by Sally to sign these - - -

PN31

MR THOMAS No.

PN32

THE DEPUTY PRESIDENT: Otherwise something terrible would happen?

PN33

MR THOMAS No.

PN34

THE DEPUTY PRESIDENT: You entered into it of your own free will.

PN35

MR THOMAS: Yes.

PN36

THE DEPUTY PRESIDENT: Okay.

PN37

MR THOMAS: There is one question. Is there any chance of getting it back dated?

PN38

THE DEPUTY PRESIDENT: Back dated to when?

PN39

MR THOMAS: To when the actual award finished.

PN40

THE DEPUTY PRESIDENT: The agreement that you signed says it takes effect from today's date. I can't change your agreement.

PN41

MR THOMAS: I just thought - I just thought about - yes.

PN42

THE DEPUTY PRESIDENT: It is worth a go.

PN43

MR THOMAS: No harm in asking.

PN44

THE DEPUTY PRESIDENT: No, that is right. I've got no powers to change it. If it was changed it would have to go back and go through the process all over again so that might just defer it later. But the provision in the agreement to which you have signed off is from today's date.

PN45

MR BARTLETT: So it starts today?

PN46

THE DEPUTY PRESIDENT: Yes, and lasts for three years. The only other question I meant to ask you, that is what I forgot, increases throughout the period of the agreement, what is the provision for that?

PN47

MS DENNINGTON: The provision on that is in line with the previous agreement because this is actually a renewal of a previous agreement in the workplace and there is no progression - rises - - -

PN48

THE DEPUTY PRESIDENT: There's no increases throughout over the period?

PN49

MS DENNINGTON: Throughout the - increases throughout the period of the agreement. This was due to the employees and the employer deciding that paying it at the start of the agreement - - -

PN50

THE DEPUTY PRESIDENT: So that is why the rates are - - -

PN51

MS DENNINGTON: The rates are so high.

PN52

THE DEPUTY PRESIDENT: Are loaded at this stage?

PN53

MS DENNINGTON: Yes.

PN54

THE DEPUTY PRESIDENT: I take it that during the period of the agreement, the three year period, you will be watching that the award rates don't exceed the agreement rates?

PN55

MS DENNINGTON: Yes, that is the case.

PN56

THE DEPUTY PRESIDENT: Because you would then be in a no disadvantaged position.

PN57

MS DENNINGTON: I think from calculations that we have done, I think it can increase up to 3 per cent a year for each of the years which is usually not the case in this award.

PN58

THE DEPUTY PRESIDENT: No, by my calculations they are quite in excess of the award but they can't be below the award over the period of the agreement so you may just have to keep an eye open on that. Okay, nobody wants to put anything else to me? Accordingly, pursuant to section 170LK of the Workplace Relations Act I will certify two agreements. The first one being Allcast NT Drainage Systems Pty Limited. The second one being Hurdleb Pty Limited trading as Alice Precasters. In both agreements the parties to the agreement are the employees covered by the classification and the named companies.

PN59

I have been through the agreement and clarified some of the issues of concern but I am satisfied that the parties have met the requirements of the Act and that the agreements can be certified. Accordingly, both agreements will be certified after they take effect from today's date, the first full pay period on or after today's date and they will remain in force for a period of three years. Those agreements are hereby certified. Thank you for your attendance and this matter is adjourned.

ADJOURNED INDEFINITELY [2.22pm]