AG2002/2810, Transcript of Proceedings [2002] AIRCTrans 3358 (2 September 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

AG2002/2810

DISTRICT COUNCIL OF ROBE ENTERPRISE
BARGAINING AGREEMENT NO 5 (2002)

Application under section 170LS of the Act
by The Australian Workers' Union, Greater
South Australian Branch and Another re
agreement about industrial dispute (Division 3)

ADELAIDE

12.34 PM, THURSDAY, 15 AUGUST 2002

PN1

THE SENIOR DEPUTY PRESIDENT: Could I have some appearances, please?

PN2

MR T. TREWARTHA: If it pleases the Commission, I appear on behalf of the Australian Workers' Union - the Greater South Australian Branch. Thank you.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Trewartha.

PN4

MS L. JAMES: May I please the Commission, I appear for the District Council of Robe.

PN5

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms James. Mr Trewartha?

PN6

MR TREWARTHA: Yes, the agreement, sir, is one I believe fifth in the round of enterprise agreements that was done with this particular council. It is a 2-year agreement, starting 1 March this year, it is in place, it is up and running, it is working satisfactorily, pretty well a standard agreement, it has got an outcome of 4 per cent, it was negotiated, I believe, by the previous organiser in the area. I believe all the paperwork is in order and that we ask the Court to register the document and seek approval. Thank you, sir.

PN7

THE SENIOR DEPUTY PRESIDENT: Mr Trewartha, just before you sit down, can I refer you to paragraph 5.5 of the statutory declaration and just ask whether you could confirm to me.

PN8

MR TREWARTHA: 5.5 in the stat dec?

PN9

THE SENIOR DEPUTY PRESIDENT: That is right, the make-up of the employees who are covered by the agreement.

PN10

MR TREWARTHA: I'm at 5.5, my understanding with this particular agreement, as I've said earlier, it was negotiated by the previous organiser, I now look after the job. On his departure and my arrival the agreement had reached the end of negotiation, and from what I can gather it languished for some time whereby a new vote was instigated. I spoke to the job rep at the particular time and indicated to me that the vote was unanimous for the document so there was a re-vote, but coming to 5.5 is - and you are asking me, I take it, that the question of how many women, is that - - -

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, it is how many people in the various different categories outlined in 5.5.

PN12

MR TREWARTHA: 5.5 in the different categories, as in classifications?

PN13

THE SENIOR DEPUTY PRESIDENT: Yes, how many of the total number of people to be covered by the agreement are women, how many are persons of a non-English speaking background, how many are under the age of 21, are Torrens Strait Islanders, disabled persons, part-time employees or casual employees?

PN14

MR TREWARTHA: I can't answer that, sir.

PN15

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN16

MS JAMES: I can do so, if I can shed some light on that matter. I am aware of the composition of the work-force with this council and I can confirm that no employees meet those categories.

PN17

THE SENIOR DEPUTY PRESIDENT: Thank you. Now, Ms James?

PN18

MS JAMES: Once again, Senior Deputy President, this is the fifth round so these employees are certainly well aware of enterprise bargaining conditions and provisions. There are a couple of changes, however, and I will take you through those. Under the objectives of the agreement the last dot point refers to developing of performance review and development program, which is simply a performance appraisal process, so that is the new inclusion. The only other change is with regard to clarifying clause 17.1: The continuation of work. That last sentence in the first paragraph is an extra part of that particular sub-clause and that reads:

PN19

Any continuation of work in excess of 3 hours will be paid or accumulated at time and a half.

PN20

In 17.2, which refers to call-outs, overtime or return to work, again, just a clarification, at the end of that first paragraph it simply reads:

PN21

...after which award provisions apply.

PN22

The only other inclusion or change to this enterprise agreement is the inclusion of clause 27: Salary sacrificing. There are no other changes.

PN23

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms James. Ms James, schedule A of the Agreement - - -

PN24

MS JAMES: Sorry, schedule A?

PN25

THE SENIOR DEPUTY PRESIDENT: Schedule A of the agreement, references 9: Grades of employee. Where would I find the definitions of those nine grades?

PN26

MS JAMES: Well, grade 1 to grade 8 are the municipal employees under the award, there is a reference to an additional level 9, which I did find a moment ago, which refers to a working overseer, the appointment of a working overseer. So they have created an extra level simply to appoint someone on a higher level of pay in that overseer - - -

PN27

THE SENIOR DEPUTY PRESIDENT: That has its ..... in clause 24?

PN28

MS JAMES: Right, thank you, yes.

PN29

THE SENIOR DEPUTY PRESIDENT: Thank you. The other eight classifications all reflect the award?

PN30

MS JAMES: They are, sir, so they have just created one extra supervisory level.

PN31

THE SENIOR DEPUTY PRESIDENT: Thank you. Ms Trewartha, you are in agreement with that construction of the schedule A?

PN32

MR TREWARTHA: Yes, sir.

PN33

THE SENIOR DEPUTY PRESIDENT: Very well, thank you. The parties have provided to me the agreement together with the necessary statutory declarations. On the basis of the information contained in those statutory declarations, together with the material provided to me this morning, I am satisfied that the agreement was reached in a process consistent with that required by the Act so that the employees were able to make an informed choice to endorse the agreement. I am satisfied that the agreement itself meets the requirements of the Act, it contains a dispute resolution provision, it is of a duration envisaged by the Act and does not contain provisions that are contrary to the purposes of the Act.

PN34

I propose to certify the agreement with effect from today. The certificate will be prepared and forwarded to the parties in the next few days but I can assure the parties that it will be provided to them. It remains for me to congratulate the parties on reaching this agreement and express the hope that the agreement benefits both the employees and the employer. I adjourn the matter on that basis.

ADJOURNED ACCORDINGLY [12.41am]