C2002/2712, Transcript of Proceedings [2002] AIRCTrans 2101 (11 June 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT04199

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

C2002/2712

THE AUSTRALIAN WORKERS UNION

and

BHP STEEL LTD and OTHERS

Notification pursuant to section 99 of the Act
of a dispute re the impending stand-down of
700 employees

MELBOURNE

10.37 AM, TUESDAY, 28 MAY 2002

PN1

MR M. EAGLES: I appear on behalf of the Australian Workers Union.; appearing with me is the senior site delegate, MR G. COONEY.

PN2

MR M. ADDISON: I appear on behalf of the AMWU together with MS L. POPE and MR I. THOMAS.

PN3

MR W. HAYES: I appear on behalf of the CEPU Electrical Division.

PN4

MR S. AMENDOLA: I seek leave to appear on behalf of BHP Steel Limited along with MESSRS C. WEATHERSTONE, TUNNECLIFFE, ROUSE and MS FELLOWS.

PN5

THE SENIOR DEPUTY PRESIDENT: Mr Eagles.

PN6

MR EAGLES: Your Honour, we come before you today. We have an ongoing dispute which I think you are well aware of. We have appeared, I think collectively, the unions have appeared before you a number of times over the last six months. We have 700 members at BHP Western Port plant who currently are operating under an in-principle agreement while we wait the 14 days to vote on it. That vote will be taken tomorrow. We still have a dispute about the parties bound clause. If I could hand up to you what we see as the proposed in-principle agreement.

PN7

The AMWU and the ETU have been on strike now for a week. They carry out most of the maintenance functions on site and there is a peaceful assembly out the front of the Western Port works and as a result of that there is no product going in or out of the site, although yesterday we thought we were actually in Black Hawk Down, the BHP decided to bring product in in helicopters. We expected to see Eric Banna actually jump out and deliver the product they needed.

PN8

So the situation is serious. BHP have had discussions with us now for a week trying to resolve some of the issues as we see it. The AWU has supported the ETU and the metal workers in their position, but in our agreement, we want our own agreement - that is only the AWUs agreement - and our agreement actually, the one that I put before you, the parties bound clauses, you would be aware, would rope the metal workers and the ETU into it.

PN9

Now, we have been unable to get BHP move on that position and as a result tomorrow our delegates and the union will be recommending that we reject the in-principle agreement we have because we are not going to see ourselves be the catalyst for this dispute to be over. We would see that BHP and the metal workers and the ETU need to sit down and work their way through it. It is unfortunate that we now are at a stage where the company has threatened standing down our members as work is obviously drying up.

PN10

So we see fit that we would lodge a section 99 in hoping that the Commission could help the AWU. And I think the only way through this mess is that the parties need to sit down and talk under your guidance. The BHPs position currently is they will not talk to the ETU and the metal workers because they are on strike. This is, I think, old world tactics. We have a Conciliation and Arbitration Commission, although there is not a lot of arbitration without permission nowadays, but certainly the ability to conciliate in front of the Commission is something that the AWU has a long history of being in support of and we would see that the Commission, yourself, could be of a great assistance in aiding all the parties get closer to fixing this.

PN11

Now, I take some heart that we actually have the senior people within BHP here today so I think the right people are here. I am not going to enter into the arguments I have got about whether the BHP have a right to stand our members down yet because I would seek that we maybe go into conference, your Honour, and you help us through a number of issues. The AWU has an issue with the parties bound clause. We also, surprisingly, on Friday found that we may have a dispute about the job security clause that you actually helped us broker. That is now a bit of a problem. So they are two areas that the AWU would seek your assistance in.

PN12

I am sure the metal workers and the ETU may outline to you where they have got concerns and no doubt BHP will outline their concerns. But unless we see some logic and some sensible position taken by all parties in this, not only will 700 members of ours be likely to be stood down but my understanding is there is a number of other industries that are now feeling the squeeze from a lack of steel supplies and many of those are both the AWUs metal workers, industries, and we would see that this is critical. And the AWU is certainly prepared to stay here night and day for as long as it takes to get to an outcome.

PN13

I know the Industrial Relations Act nowadays encourages people to have a blue and you get out there and when one party has had enough you run the flag up, but we would seek that if all parties agree that we actually sit down and try and work through this because it is extremely serious. Thank you, your Honour.

PN14

THE SENIOR DEPUTY PRESIDENT: Mr Eagles, did you say this agreement is going to the vote tomorrow?

PN15

MR EAGLES: Yes.

PN16

THE SENIOR DEPUTY PRESIDENT: Are you being involved in the vote?

PN17

MR EAGLES: Yes, your Honour.

PN18

THE SENIOR DEPUTY PRESIDENT: Is it only your members who are voting on it?

PN19

MR EAGLES: Yes, your Honour.

PN20

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Addison.

PN21

MR ADDISON: Yes, thanks, your Honour. Your Honour, I will be extremely brief. We have, as you are well aware, got protected action in place. Our people have been taking that protected action. There has been no approach by BHP to have any discussions with us since the last phase of the protected action occurred. There is not much more I can say than that, your Honour. We are happy to have some discussions with the company if and when they want to have those discussions. If the Commission pleases.

PN22

MR HAYES: Your Honour, I concur with what Mr Addison has said. We are willing to have discussions with the company. We have indicated that to the company on 15 May in writing that we are happy to have discussions with them. We stand by our position which has been stated in this Commission in the past and that is that none of our members have been made - no copies of a proposed EBA with the AWU have been made available to our members and we are happy to have discussions with the company when they are ready to do so. If the Commission pleases.

PN23

THE SENIOR DEPUTY PRESIDENT: Mr Amendola.

PN24

MR AMENDOLA: If the Commission pleases. One could respond to the opening of Mr Eagles but as he proposes that the parties go into conciliation the only thing I will say is that a failure to respond to each and every matter that has been raised shouldn't constitute a concession, particularly on the issue of peaceful assembly, for example. We are here. It was sought yesterday that there be a conference on the basis of the indication of the parties who are here. That turned into a section 99 notification. I am not sure that there is anything further I can add.

PN25

THE SENIOR DEPUTY PRESIDENT: I will adjourn into conference.

NO FURTHER PROCEEDINGS RECORDED [10.47am]