C2002/2110, Transcript of Proceedings [2002] AIRCTrans 2141 (12 June 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 10, MLC Court 15 Adelaide St BRISBANE Qld 4000
(PO Box 38 Roma St Brisbane Qld 4003) Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SPENCER

C2002/2110
C2002/2114

APPLICATION TO STOP OR PREVENT
INDUSTRIAL ACTION

Application under Section 127(2) of the Act
by Automotive, Food, Metals, Engineering, Printing
and Kindred Industries Union and Another for
an order to stop or prevent industrial action
at Lytton Refinery

APPLICATION TO STOP OR PREVENT
INDUSTRIAL ACTION

Application under Section 127(2) of the Act
by Communications, Electrical, Electronic, Energy,
Information, Postal, Plumbing and Allied Services Union
of Australia for an order to stop or prevent industrial
action at Lytton Refinery

BRISBANE

11.20 AM, WEDNESDAY, 29 MAY 2002

Continued from 22.5.02

PN567

THE COMMISSIONER: I will take appearances, please.

PN568

MR P. PARKINSON: If the Commission please, I appear for Transfield Services Australia Pty Limited. My name is Parkinson and with me is MR R. MINA.

PN569

THE COMMISSIONER: Thank you, Mr Parkinson.

PN570

MS M. WILLIAMS: If it pleases the Commission, my name is Williams for the Australian Workers' Union, and with me is MR F. CHAMBERS.

PN571

THE COMMISSIONER: Thank you.

PN572

MR B. CARDINAL: Yes, Commissioner, my name is Cardinal for the AMWU.

PN573

THE COMMISSIONER: Thank you, Mr Cardinal.

PN574

MR M. BELL: If it please the Commission, my name is Bell for the CEPU.

PN575

THE COMMISSIONER: Thank you. All right. When we were last before the Commission - when you were last before the Commission - a proposal was, I think, put to the workforce and there was going to be a vote taken on that particular - or report back - on that particular proposal. I'm not sure who would like to update me first of all. Mr Parkinson gets to his feet.

PN576

MR PARKINSON: Commissioner, since we were last before you there's - as I say, there's been a bit of water go under the bridge, and, indeed, I will take the Commission through some steps to understand how it is that we get to the position that we're at today. But I think it's suffice to say - and I will take the opportunity just to indicate that the various opportunities that we've had to appear before you, Commissioner - you will have observed clearly that this whole dispute over the renewal of an enterprise agreement has been a significantly long, and difficult, dispute. Indeed, our workforce, and, indeed, the workforce of other contractors, have sacrificed a significant amount of their earnings over a long period of time, indeed, since 6 March of this year, and so we've seen a period which has been significantly difficult for our workforce, I am sure, and for their families and for their partners.

PN577

Clearly, the relationship that we have with our people has also been damaged over that period and as a consequence there is a lot of hard work to do. Over that period also our relationship with the unions has suffered and we have work to do there. And, importantly, the relationship with our client has suffered, perhaps immeasurably, and, indeed, I think we must accept that whatever the outcome now or into the future about this dispute we must expect that there will be some changes to our scope over time.

PN578

We have strived throughout this dispute, Commissioner, to settle this dispute on what we regarded as fair and reasonable terms. Indeed, the proposal that we spoke to on the record before you last week, Commissioner, was a significant proposal that added significantly to the costs of Transfield Services, but was in a way that we could deliver significant improvements to both the wages and the terms and conditions of our employees, and I think for the record it's worthwhile, Commissioner, if I can hand up the actual written confirmation that we gave our employees of that position rather than rely only upon the transcript, and perhaps if that could be marked, Commissioner, for the record.

PN579

THE COMMISSIONER: Yes, certainly. I think I might give this a new number. I might mark it as exhibit A, actually.

EXHIBIT #A WRITTEN CONFIRMATION OF PROPOSAL GIVEN TO EMPLOYEES

PN580

MR PARKINSON: Thank you, Commissioner. Exhibit A is a letter we sent out to all our employees, and, indeed, other contractors, I understand, that sent out a similar letter to their employees which confirmed, essentially - in fact, confirmed absolutely - the terms of the proposal that we put on the record before you on the last occasion. It is a covering letter setting out our position, attached to which the proposed rates of pay that would be delivered by way of the proposal that we put last week to our employees and also on the last page summarising various other aspects of our proposal which included the option, if you like, of either a 21 month agreement or a 33 month agreement, and that was the formal position that we confirmed last week and it is this that I understand was considered by the workforce and the unions on the following day and we were advised was rejected by the workforce.

PN581

The issue that was in dispute last week, as confirmed by the transcript and by Mr Cardinal on the record, that, indeed, the only matter really in dispute between us last week before you was the term of the agreement. And our position, essentially, was that we were concerned that there would an environment created by a settlement of this dispute that would provide for a longer term agreement that would give some stability not just to our workforce but to all parties during which time we could help rebuild the relationships that have clearly suffered and we expected, and hoped, that, indeed, a longer term agreement, whether it be for 21 months or 33 months, would provide that opportunity. But we are told that, no, the workforce had been convinced that a shorter term agreement was what they wanted.

PN582

Over the week-end we understood that there was some further developments within the union ranks to consider an alternative proposal to that which the parties were discussing last week. We are told that on Monday, at a meeting of some 50 employees, there was a near to unanimous resolution that supported a new union proposal and that the unions advised us that that near to unanimous proposal would now be submitted to us in writing was what we were advised on Monday and I think, for the record, it would helpful if I handed up the confirmation of that proposal that was received by us that evening - Monday evening, Commissioner. I'm sure all the other parties have a copy of the proposal. If that could be marked also, Commissioner.

PN583

THE COMMISSIONER: Thank you. I will mark that exhibit B.

EXHIBIT #B ALTERNATIVE PROPOSAL

PN584

THE COMMISSIONER: Do the other parties have copies of these particular documents?

PN585

MR PARKINSON: The important thing about the letter dated May 27, as is now identified as exhibit B, Commissioner, is a letter signed by the secretary of the AMWU on behalf of the other two unions involved in the negotiations, the ETU and the AWU, and we are told that this represents the proposal to settle the dispute. Essentially, what the proposal does is it talks about a certified agreement that has a 12 month term.

PN586

It refers to a classification structure which form part of the proposals that we talked about last week, which, in effect, would deliver prospectively about a 2 per cent increase to the relevant employees; a new package of wages and income protection insurance, which would be at a cost to the employer of not greater than 1.8 per cent, in other words, income protection insurance of 1.1 per cent cost to the employer and a wage increase of 0.7 of a per cent in wage increases from a prospective date, and there's reference made to some leave reserved issues about productivity arrangements and other contractors; a proposal to increase the casual loading from 20 to 25 per cent; meal allowance to be increased to $10 - and you will recall what I had to say about that on the last occasion, Commissioner. There's issue about payment of days that may or may not have been appropriately recognised by the company.

PN587

Redundancy provisions for persons with less than one year's service to be payable at 2.6 hours per week and allowances to be increased by point 7 of a per cent except for the tool allowance and the electrical licence allowance which would move in accordance with the awards, as they have traditionally done. And that any other matters, we are told, that were the subject of proposals by us were no longer required for the purposes of settling this dispute. For example, things like increasing the public holiday penalty rate was no longer a demand upon us.

PN588

So essentially what we had late on Monday night, and indeed we really didn't have an opportunity to consider it fully until the Tuesday morning, Commissioner, was a proposal from the unions which we are said was supported near to unanimously by a meeting of members on Monday of about 50 people that we are told will settle this dispute. We, I've got say, have been terribly reluctant about that idea because it, to us, seems to deny significant earnings of the employees that we employ.

PN589

We did some more sums just to make sure that we weren't missing the point and I think also for the record it's helpful to understand this scenario and I will hand up another document, if I may, Commissioner. If that could also be marked, Commissioner.

PN590

THE COMMISSIONER: I will mark that exhibit C.

EXHIBIT #C NUMBER OF CHARTS MAKING COMPARISONS

PN591

MR PARKINSON: Commissioner, exhibit C is a number of charts to make comparisons, indeed do make comparisons, between what essentially was the company's proposal of last week and what was the union and employees position of this week. Underlying our concern about this, of course, Commissioner, is what is revealed by this comparison in exhibit C and that is that over the course of the next 12 months under the union employee proposal of this week employees that would be engaged at level 1 stand to sacrifice and forego some $1735 over a 12 month period; at level 2, $1770; at level 3, $1959; at level 4, $2000; at level 5, $2065, at level 6, $2182 and level 7, $2232.

PN592

Those differences are purely on the differences between the wage outcomes that would be available to the employees under our proposal of last week as against the wage outcomes and reclassification arrangements that would be available under the proposal from the unions which is now contained in exhibit B. A significant amount of money, Commissioner, and it needs to be understood also that those numbers are only on the basis of a 35 hour ordinary working week. It excludes penalty rates and overtime, which would be at a significantly higher level, of course, under our proposal.

PN593

It excludes superannuation payments which, of course, from 1 July this year will be at 9 per cent rather than 8 per cent of ordinary time earnings and it excludes the accrual of any leave value during the period of that 12 months. So it is significant and when taken into account for the certain overtime and penalty rates that will be worked through various shut-downs that are scheduled during this period it amounts to a major sacrifice by our workforce to deliver an agreement that runs for 12 months as against what we had been proposing for 21 months or 33 months.

PN594

It is a period in time from now until July next year that these numbers covers. We trust and hope that our workforce understands that. We trust and hope that the unions understand that. We trust and hope that the workforce will seriously ensure that when they decide on an alternative way forward that they understand that this is the sort of money that is being sacrificed by virtue of the proposal currently before us. I don't want to turn this into a sermon, Commissioner, but I do want to make the point that we are concerned to enter into an agreement with the unions that actually delivers to the workforce reasonable outcomes.

PN595

We don't think the union's proposal does. We don't think the union's proposal does, however if, as we are told, our workforce are prepared to sacrifice that amount of money and the conditions that went with our proposal, there was improvements to public holidays and other matters, then I guess we are prepared to put that to the ultimate test, Commissioner. We are extremely reluctant to do so, however, given the much greater benefit that could be derived from Transfield's proposal last week we can only assume that our workforce have considered this quite seriously.

PN596

I say this, Commissioner: that we are indeed prepared to commit to an agreement that has a formal life of 12 months. We are prepared to commit to an agreement with a life of 12 months on the condition that there is an immediate return to work today. By that I mean as soon as this conference is concluded arrangements can be made by the unions to enable a return to work at or after lunch-time. So what I'm about to do, Commissioner, is to table our position formally so there can be no doubt about what our position is, and I intend to speak to it, but it needs to be understood in doing so that it is clearly conditional upon there being an immediate return to work after this conference. If there is not, there is no settlement.

PN597

But firstly may I just return, Commissioner, to exhibit B, which is the letter sent to Transfield Services on Monday night on behalf of the unions, and indicate precisely what it is we will be saying and will be reflected in the form of a formal agreement. As to the term of the agreement, we say, yes, there will be an agreement that will have a life that will run 12 months from the date of the certification by the Commission, and it will be in the interests of the parties, no doubt, to facilitate, subject to all the appropriate requirements, an early certification of such an agreement. So the term would be 12 months from the date of certification.

PN598

The agreement will reflect the classification structure relativities that we have talked about on the basis that there will be a contraction from a 10 level structure to a seven-level structure that essentially provides for the levels, about a 2 per cent increase, from the date of formal agreement, from the date of formal agreement.

PN599

Now, I say on the record that whilst the classification structure we've proposed does not enable those persons that happen to sit at level 5, that is a number of fitters, to obtain that improvement we will - and I state it on the record that we will adjust the rates of those, I think, six or seven employees of Transfield - that they will be adjusted to the original relativity as was reflected in the union document, exhibit 1, I think, of last week - - -

PN600

THE COMMISSIONER: That was the 5A category?

PN601

MR PARKINSON: Correct. So whilst that won't appear, and the union understands this as I understand it, does not appear in the certified agreement that we will put on the table, I stand here and commit on the public record that subject, of course, to this all being agreed that those employees would - that are currently with us would enjoy a grand-parent clause that enables that - their current entitlements to be increased accordingly, that there would be from the date of clear and final agreement an increase of .7 of a per cent on those adjusted rates and that there would be an insurance policy taken out within the first 30 days of agreement being reached to provide for income protection with IUS Proprietary Limited at the 1.1 per cent cost inclusive of stamp duty.

PN602

As to the matters that are identified at item 4, we will not exchange any letters in respect to any matters. What we have said, and I made it very clear on the record last week and it is on the public record, that if at some point in time whether now, whether 12 months, whether five years' time we decided we want to revisit incentive bonuses again, then we will, but we see no purpose being served by creating any false expectations or wanting to cloud the water about something that may never happen. So that's our position on that.

PN603

As to the matter of any employees that might come from a subcontractor of ours into our workplace ranks, I say on the record we will recognise the classification level that they might come across to us on, and that is on the public record, and that is our commitment. As to the casual loading, yes, it will move from 20 to 25 per cent on the basis that there be a period of eight weeks that can be extended by agreement between us and the employees involved, should there be an extension required of that by agreement.

PN604

The meal allowance, as I indicated last week, Commissioner, our $10 proposal was based purely on a three year agreement initially, because we recognise that by the third year, with indexation, the meal allowance would have gone to about $10 anyway, so we were prepared to settle for $10 on the life - for the life of a 33 month agreement. That's now not the case so we would implement meal allowance at $9 for the life of this agreement. The issue of the payment of three days: that's a matter that the parties indeed can resolve to the satisfaction of all. The redundancy provisions - I should say in terms of that, that that's in full and final settlement, obviously.

PN605

The redundancy provisions would be on the basis of 2.6 hours per week for persons with less than one year's service; the allowances would be adjusted by .7 of a per cent from the date of the agreement and the tool allowance and electrical licence allowance would move in accordance with the awards. If I can now table, Commissioner, the document that indeed we propose would be the formal certified agreement should and if the workforce, after having it sat on the table for 14 days, by a valid majority voted up. So if I could table, Commissioner, our document and perhaps for the record, that should be marked as well.

PN606

THE COMMISSIONER: We will mark that exhibit D.

EXHIBIT #D PROPOSED FORMAL CERTIFIED AGREEMENT

PN607

MR PARKINSON: Exhibit D, Commissioner, what we have done, is incorporated all of that which I have just said into a new certified agreement, exhibit D which had regard to - which has regard to the previous agreement which would of course be replaced in its entirety with this agreement and I want to take you, Commissioner, and indeed the unions, through the document so I can identify for them and for the Commission the changes we have made so that this might help hasten the process of achieving a full and final settlement.

PN608

The document obviously is headed up with the company's new name, and for the period 2002 to 2003. The objectives of the agreement remain as they have in previous agreements. The subject matter simply lists the clauses as contained within the document. The title of the agreement has changed in clause 1 to reflect what I have just said. I intend, Commissioner, by the way, to take you to the areas of substance; I don't intend to take anyone right through the document in detail. So if I can move to item number 5 - sorry, clause number 5. All other things remain the same and that clearly states that the term of operation of the agreement is that it shall remain in force for a period of 12 months after the date of certification.

PN609

The importance of this agreement having been where we've been for the last few months, Commissioner, is that it will be an agreement that will settle all matters. It will be an agreement that will ensure that during the life of its term, there will be no capacity for any party to take any form of industrial action, bans or limitations because it will be unlawful to do so, and therefore we specifically declare in clause 6, a no extra claims clause, it very specifically states that that as agreed by the parties, that up to the nominal expiry date of this agreement, the employees will not pursue any extra wage claims whether award or over-award.

PN610

The employees will not seek any changes to conditions of employment. The agreement will cover all matters, all claims regarding the employment of the employees which could otherwise be the subject of protected actions pursuant to section 170ML of the Act, and neither the employees nor any party to this agreement will engage in protected action pursuant to section 170ML of the Workplace Relations Act in relation to the performance of any work covered by the agreement. This is important because what we are doing here is entering into a bargain we have been asked to enter into that will settle our relationship for the life of the agreement.

PN611

At clause 8, whilst it simply repeats what's in the current agreement, I think it's important to emphasise that a specific condition of employment pursuant to the agreement, is that during the period that this agreement is in force, all parties will ensure that all industrial grievances and disputes shall be dealt with strictly in accordance with clause 11, avoidance of disputes procedure of this agreement. Under definitions, let us make it clear that the agreement covers contract, maintenance and miscellaneous works which means any work including shutdowns, turnarounds, minor construction works and work to repair, replace, renovate, rehabilitate, maintain, overhaul, upgrade and/or upkeep the plant, machinery, equipment and associated buildings and property of Caltex Lytton refinery.

PN612

Clause 13, at page 5, Commissioner, deals with the contract of employment and at subclause 13.3, we've made provision for the agreement about casual employment including the 25 per cent and the extension beyond the eight weeks by agreement with the employees. Where I fail to mention anything because I'm turning pages, it means it's simply a replica of the current arrangements, Commissioner. That takes us right through till clause 21, at page 16 of exhibit D. There is a minor typographical reference where you will note that there is actually two clauses 21.1 shown although the first subclause is identified by 21.1.1 which is sufficient to identify the two clauses.

PN613

So I just want to bring that to the attention of the parties; clearly not a matter of substance there. Clause 29 at page 21, there was indeed some earlier discussion and dialogue about agreeing on some clothing and protective equipment changes. We've left them in the document as was previously agreed, Commissioner, so I just bring it to the attention of the unions that that still remains in the document. At clause 41 on page 27, under superannuation, it is recognised that from the financial year 2002, that's 1 July this year, the improvement to superannuation guarantee goes from 8 per cent as it currently is, to 9 per cent of ordinary time earnings. That's reflected in the document there.

PN614

At clause 42.4 on the following page, we incorporate the reference for employees with less than one year's service so that they get pro rata payments of 2.6 hours paid for each week of full time employment in the event of redundancy, and over the page at 42.7.1, a minor adjustment, consistent with that for the period of continuous service less than one year where it's referring to clause 42.4. The following page is appendix A1 which is the wage rates clause and this clause incorporates the new seven-level structure as previously discussed and agreed and includes the new relativities as proposed and incorporates the .7 of a per cent wage increase as well, such that the new rates from the date of certification are listed in the document and of course we would encourage the unions to satisfy themselves that the figures shown indeed reflect precisely what it is that is being proposed. We have had many people check to be confident that it is, Commissioner.

PN615

Then clause A2, at page 32, under the allowances section: the relevant allowances that require to be adjusted by .7 of a per cent have been adjusted accordingly, save for the meal allowances which is shown as a flat $9 which is a greater increase than .7 per cent for the life of the agreement, as I've explained. The next clause to change is A4 which incorporates the new provision dealing with income protection which says:

PN616

Subject to this clause, the company shall provide income protection insurance for all weekly hire employees covered by this agreement through the union nominated provider, IUS -

PN617

that's the company that provides insurance, Commissioner -

PN618

under the terms offered by IUS from time to time, provided that the company will not be required to contribute ...(reads)... provided within 30 days of signing this agreement.

PN619

We've retained, directly thereafter, the salary sacrifice clause. Whilst we were told that it wasn't a requirement the we retain that in the agreement, some of our employees indeed have requested that facility and we've left that opportunity in the agreement for them. And then, of course, on the last page, should the unions be able to give a commitment and that should there be an immediate return to work after this conference, I will, on behalf of the company, sign this document, Commissioner but clearly, conditional upon that.

PN620

So clearly, Commissioner, if there is indeed an agreement - and I understand there may well be - then we would go through the process, pursuant to section 170LJ of the Act to follow the appropriate requirements as we are legally bound to do, for the purpose of that being certified.

PN621

THE COMMISSIONER: So if there is an agreement, when would you be proposing to - - -

PN622

MR PARKINSON: Well, we are told, Commissioner, by the unions, that this will settle the dispute today. That's what we've been told. If so, then this document can then be circulated amongst Transfield's employees as soon as we've been informed of that and as soon as the unions have satisfied themselves that the document indeed reflects what it is I have said on the record. As to other contractors - and there are some employees of other contractors in the Court, Commissioner - we will brief the other contractors as to our proposal and clearly it's a matter for them and their employees as to how they then settle their on-going dispute, but we will certainly provide them with copies of our material and explain to them the circumstance of this possible settlement.

PN623

This document which is exhibit D, Commissioner, can then sit on the table for 14 days, as it is required to do pursuant to the Act, for our employees to consider. During that time - during that 14-day period, Commissioner - we, as we are legally obliged to do pursuant to the Act - we will explain in detail to all our employees the terms of that proposed agreement so that there is indeed a very clear understanding about what is contained in that agreement and the obligations that arise from it. And at the end of the 14-day period we, as the employer, will ensure that a ballot of all employees whose employment will be subject to the agreement at that time will then be conducted, as we are required to do in accordance with the Act.

PN624

By that time, Commissioner, exhibit D will have sat on the table for a full 14 days. All our employees, those that are here and those that are not with us today, will have been given a copy of this. They would have been able to take it home and read it and consider it. They will clearly, also, no doubt, think about the proposals that we have we put in that process and decide with - and I might say, with their eyes wide open - whether to approve this document after 14 days has expired. Our view is - and we are reluctant to enter this agreement, as I have said - that the employees, our employees, are indeed significantly short-changing themselves.

PN625

However, we understand that, based on the advice from the union that near to a unanimous view of our workers believe that this approach is the one they want, accordingly, if, after the expiry of 14 days, a valid majority of employees that will be covered by the agreement at that time - and that's all employees covered by it - if they vote up, through a ballot, this document, then clearly we will respect their wishes, Commissioner. We will respect their wishes. This has been a long and difficult dispute. We are reluctant players in this settlement. Let me say that.

PN626

Nonetheless, given what I've explained, we want the dispute to be settled. We want people back at work. We want to re-build the relationships that have clearly suffered and we want the opportunity for our employees and the employees of other contractors to begin to earn some money by working productively and hopefully, we can, over time, undo the damage that's been clearly done between us and the workforce, between us and the client; indeed, us and others. We will work hard at it but we hope that this, as we've been advised, can settle the dispute, does settle the dispute and, over time, we can put what has been a said part of our history behind us and hopefully, we might all, in the process, have learnt something from it. If it please the Commission.

PN627

THE COMMISSIONER: Thank you, Mr Parkinson. Ms Williams?

PN628

MS WILLIAMS: Commissioner, just briefly, basically, a lot has taken place since we were last before you but because the offer has changed just slightly from what the employees actually voted on the other day, the unions would like just time out to confer with ourselves and our members about the document that the company have put before us. Thank you.

PN629

THE COMMISSIONER: That's the collective view?

PN630

MR CARDINAL: Yes. Yes, we concur with that, Commissioner.

PN631

THE COMMISSIONER: Certainly. We'll adjourn and I'll just ask you - Mr Parkinson and Mr Mina, you don't mind - I think it's easier for the people in this room to stay in this room and perhaps for us to leave.

PN632

MR PARKINSON: Certainly, Commissioner.

PN633

MR CARDINAL: We've got the numbers.

PN634

MR PARKINSON: They indeed have the numbers.

PN635

THE COMMISSIONER: And we'll adjourn and perhaps Ms Williams might let my Associate know when you're ready to proceed.

PN636

MR CARDINAL: Yes.

SHORT ADJOURNMENT [11.59am]

RESUMED [1.08pm]

PN637

THE COMMISSIONER: All right. I understand that all parties have considered their positions this afternoon and we have heard Mr Parkinson's clear position in relation to the agreement. Mr Parkinson, I don't think at this stage you would want to say anything else, you would want to hear from the union position in relation to the proposal and the preface to that proposal that there be a return to work this afternoon. Ms Williams, did you wish to start?

PN638

MS WILLIAMS: Actually, Commissioner, I might hand it over to Brett Cardinal, if it please the Commission.

PN639

THE COMMISSIONER: All right.

PN640

MR CARDINAL: Yes, the AMWU will be strongly recommending that there is a full and immediate return to work. In light of the proposal that the company has put forward, we will be having a meeting at the premises, a full meeting tomorrow morning prior to the starting time, where the AMWU will be strongly - in the strongest terms be recommending that the agreement be endorsed and a full return to work.

PN641

THE COMMISSIONER: Right. And the situation in relation to the return to work this afternoon: what actions are you going to take to ensure that?

PN642

MR CARDINAL: We will endeavour to contact those people who aren't here by phone and have them come to work as soon as possible. As you will understand, Commissioner, we do have actually have a phone tree in place, and when it was put to the test last week only half of it worked, but we will endeavour to contact everyone of our members to have them immediately return to work.

PN643

THE COMMISSIONER: A phone tree, all right.

PN644

MR CARDINAL: A phone tree.

PN645

THE COMMISSIONER: Any other union positions?

PN646

MS WILLIAMS: No, Commissioner, our position would be the same. Thanks, Commissioner.

PN647

MR BELL: Our position would be also the same.

PN648

THE COMMISSIONER: All right. So the positions are that you are going to take ever effort and a commitment has been made to the company that, in fact, you will contact each employee to return to work this afternoon.

PN649

MR CARDINAL: That's correct.

PN650

THE COMMISSIONER: Mr Parkinson?

PN651

MR PARKINSON: Thank you, Commissioner. Just for the record, to make it absolutely clear, as I understood what was put to me just a few moments ago before we commencing on the record was that indeed all of those employees that are here would now be making their way back to the refinery to commence work this afternoon, and that the union will be making endeavours to contact everyone else to return to work this afternoon as well.

PN652

Can I say that obviously given the circumstances that we will be endeavouring to meet with the people that do return to work shortly on site and to look at all the appropriate safety issues. We are not going to force people straight back on to the job. I think that there are important things to create in terms of understanding the work environment out there at the moment, and so we will take the opportunity to explore that properly with our workforce this afternoon.

PN653

So I am indebted to the unions that there will now be a return to work, and that also the commitment will now be no further bans, limitations or industrial action or indeed any further lost time. And that if there is to be a meeting tomorrow morning, that there will be, as I understand the commitment, a full and complete return to work before normal start, so there will be no delay in starting tomorrow morning. That's conditional upon this document. I now understand in exhibit D it is indeed the terms upon which the unions are saying they are now prepared to settle this dispute, and on that basis I thank the Commission for its assistance and will proceed as originally intended.

PN654

THE COMMISSIONER: All right. I would further put on the transcript that I make no commentary in terms of the circumstances that we have arrived at in terms of the discharge of this particular dispute, but obviously Mr Parkinson has gone through in detail on this transcript the terms of the proposal and very clearly stated that there are a detailed no-extra-claims clause in there, and has also detailed that there be specific return to work on the basis of the commitments provided by the unions this afternoon.

PN655

So I would therefore urge all of those here to be very clear as to what you are agreeing to, that in fact in agreeing to that no-extra-claims clause and the provisions in this agreement means that for the life of that agreement these are the terms that you accept. I would obviously be returning to this transcript if, in fact, there was a return to the disputation that has occurred through this dispute.

PN656

I again say that I take no determination about the disputation or the industrial action that was taken by the workforce in any way denigrating from your rights to take that, but the circumstances are now changed. On accepting this particular agreement, then, if in fact there is industrial action that is taken during the life of this agreement, your union will no doubt advise you that you are in completely different circumstances, and, in fact, it would be viewed by me, in terms of the transcript, the commitments, and the agreement that you have entered into, that the circumstances on acceptance are very different, and you should be aware of the repercussions of taking industrial action under an agreement that you have accepted.

PN657

I look forward to seeing the agreement come before the Commission for certification.

ADJOURNED INDEFINITELY [1.13pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A WRITTEN CONFIRMATION OF PROPOSAL GIVEN TO EMPLOYEES PN580
EXHIBIT #B ALTERNATIVE PROPOSAL PN584
EXHIBIT #C NUMBER OF CHARTS MAKING COMPARISONS PN591
EXHIBIT #D PROPOSED FORMAL CERTIFIED AGREEMENT PN607