AG2002/3274, Transcript of Proceedings [2002] AIRCTrans 3082 (9 August 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT MARSH

AG2002/3274

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Commonwealth Scientific and Industrial
Research Organisation (CSIRO) and Another
for certification of the CSIRO Enterprise
Agreement 2002-2005

SYDNEY

1.02 PM, MONDAY, 24 JUNE 2002

Adjourned sine die

PN1

THE SENIOR DEPUTY PRESIDENT: Could I take appearances, please?

PN2

MR S. BERRY: Yes, your Honour, I appear for the CSIRO along with MR W. SMITH.

PN3

MR S. ROSS: Your Honour, I appear on behalf of the CPSU and with me today is MS G. DICKSON.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Ross. Who has carriage of the matter? Mr Berry, you do, do you?

PN5

MR BERRY: Thank you, your Honour. I just wanted to start by expressing our gratitude to the Commission for this early listing. It will certainly facilitate payment of salary increase that is specified in the agreement. We do appreciate that. Your Honour, this application is made pursuant to section 170LT being an agreement under division 2 of part VIB, section 170LJ application. There is one union party bound which is the CPSU.

PN6

Your Honour, we wouldn't seek to go through the statutory declaration that has been filed. We assume the Commission has a copy of those that were forwarded through.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, I have read them, thank you.

PN8

MR BERRY: There are probably a few matters that we would like to place on the record.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, thank you.

PN10

MR BERRY: Your Honour, firstly, in terms of some administrative matters, we were aware that with the material that was lodged the statutory declaration for both parties, we didn't have a signature page and we would seek to hand up a copy.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, just hand that up, yes, thank you.

PN12

MR BERRY: Thank you, your Honour. Your Honour the only other matter I think the Commission has a copy of is the formal declaration of the ballot of the Australian Electoral Commission.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes, I have a copy of that. That came in this morning.

PN14

MR BERRY: Just briefly, in terms of the content if I can take the Commission through some of the main aspects of the agreement. The agreement is for a period of three years and it provides certainly stability in terms of employment conditions over that length of time. It replaces an agreement, a 12 month agreement, that recently expired, in fact just over the weekend. Importantly, your Honour, it is an agreement that covers all CSIRO officers or CSIRO employees and those that are employed by the organisation and is a single agreement that covers the whole of the organisation. As seen in the declaration from the Electoral Commissioner, the agreement was approved overwhelmingly by the valid majority of CSIRO officers and as indicated it was part of an election that was conducted by the Australian Electoral Commission.

PN15

As evidenced in the statutory declaration, we certainly submit that it passes the no disadvantage test in comparison to the relevant award which is the CSIRO salaries and conditions of service award 1999.

PN16

THE SENIOR DEPUTY PRESIDENT: That's on balance, isn't it?

PN17

MR BERRY: That is, your Honour.

PN18

THE SENIOR DEPUTY PRESIDENT: There are in fact some reductions but on balance the no disadvantage test has been met.

PN19

MR BERRY: Certainly on balance, I think, with respect to those that we have identified, the significant salary increases and other conditions that are certainly well and truly above what the award provides for your Honour.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes, I saw that, thank you.

PN21

MR BERRY: In terms of the agreement itself, your Honour, it does introduce a range of new conditions and perhaps they are also relevant. There is commitment to - certainly important from the organisations point of view - foster a performance culture through the use of performance based rewards and that includes both cash and non-cash recognition or rewards. It is underpinned by a mandatory annual performance agreement process. There are career management and learning and development initiatives, which are new as part of this agreement and it also introduces what we regard as some important work/life balance initiatives as well, your Honour.

PN22

Such as the introduction of paternity leave and increasing personal leave entitlements and also provision for half pay maternity leave. There is also provision for greater equity and employment conditions between what we regard as specified term staff and indefinite or more permanent staff. There is an increase to the loading for casual employees to 25 percent and grounding that are various reviews that are also provided for during the life of the agreement. In terms of pay increases, your Honour, overall, the agreement provides for a 15 and a half percent increase, with it.

PN23

An initial five percent that is effective from 20 June of this year and over the following two years there are increases of five percent and 5.5 percent to be paid. I think that's - certainly nothing further that we have, your Honour, unless there are any questions.

PN24

THE SENIOR DEPUTY PRESIDENT: Just one question in respect of the dispute settling procedure. Are you in a position to indicate under (G) whether the impoundment of the Commission, does that go to conciliation and arbitration ?

PN25

MR BERRY: Yes, that is a good point. That's in terms of dispute settlement, section 20, I think.

PN26

THE SENIOR DEPUTY PRESIDENT: Yes.

PN27

MR BERRY: Perhaps in terms of just a brief history of that provision. It has certainly always been that, there has been no intention to have that changed, and similarly we haven't sought to have that provision tested as to whether that provided for arbitral powers of the Commission or not. So I think it is certainly fair to say that from our perspective that we would rely on the words that are in that clause 20 but seek to have that tested if that was ever necessary.

PN28

THE SENIOR DEPUTY PRESIDENT: I see, thank you. Yes, Mr Ross?

PN29

MR ROSS: Thank you, your Honour. The CPSU is the principal union in CSIRO and we were happy to concur with my colleague's sentiments in regard to the appropriateness of certification of this proposed agreement. We believe it satisfies the requirements of the Act. I would note, your Honour, that in respect of the matters which are cited as potentially being seen as reductions, the vast bulk, in fact, I think all bar one of them, provisions that were in the previous agreement and are carried over.

PN30

From our perspective there is absolutely no question in that context that the agreement on balance provides significant benefits and improvements in conditions and salaries. Therefore, the CPSU supports the certification of the agreement.

PN31

THE SENIOR DEPUTY PRESIDENT: Do you concur with what Mr Berry put with respect to the dispute settling procedure in empowering the Commission with respect to conciliation and if necessary, arbitration?

PN32

MR ROSS: Yes, your Honour. I think from our perspective as Mr Brennan pointed out, this provision hasn't ever been actually tested or put to the test. I would imagine that our view of it is that the commission has the power to engage in some determination of matters in dispute consistent with the Act. That would be our reading of that but as my colleague pointed out it has not been put to the test and it is not that we intend particularly to put it to the test.

PN33

THE SENIOR DEPUTY PRESIDENT: Good, thank you. Thank you for the submissions and the material. Application has been made pursuant to section 170LT of the Act for the certification of agreement pursuant to 170LJ of the Act. The proposed agreement is to be known as the CSIRO enterprise agreement, 2002-2005. On the basis of the terms of the agreement proposed for certification and the statutory declarations that have been filed in accordance with the rules of the Commission and the submissions made in today's proceedings, I am satisfied that the proposed agreement meets the requirements of the Act governing division two agreements.

PN34

The agreement will be certified. It will be known as the CSIRO Enterprise Agreement 2002-2005. It will come into force from today's date, 24 June 2002 and remain in force for a period of three years. The certificate will be issued in due course to the parties. Thank you, the Commission stands adjourned.

ADJOURNED INDEFINITELY [1.12pm]