AG2002/4713, Transcript of Proceedings [2002] AIRCTrans 3511 (11 September 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

JUSTICE MUNRO

AG2002/4713

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by BHP Steel Limited trading as BHP Steel
Lysaght for certification of the BHP Steel
Lysaght Tamworth Certified Agreement 2002

SYDNEY

10.06 AM, MONDAY, 26 AUGUST 2002

Adjourned sine die

PN1

HIS HONOUR: This is matter AG4713 of 2002. It is an application under 170LK of the act lodged on 14 August 2002 for certification of an agreement to be known as the BHP Steel Lysaght Tamworth Certified Agreement 2002. Could I have appearances, please?

PN2

MR T. SIMMONDS: If the Commission pleases, I appear for BHP Steel Limited.

PN3

HIS HONOUR: This agreement is made between BHP Steel Limited trading as BHP Steel Lysaght Tamworth and employees of whom there are five and I think all five of whom are signatories to the agreement. It is not clear what employment the agreement applies to. There is no application clause. The parties bound clause 18 provides that the parties to the agreement are BHP Steel Limited trading as Lysaght and all employees of the company engaged in any of the classifications contained in the agreement of BHP Steel Lysaght, corner of Cook and Girnan Street, Tamworth, clause 18 in that respect probably provides a basis upon which in the paragraph:

PN4

All employees of the company engaged in any of the classifications contained in this agreement at BHP Steel Lysaght, corner of Cook and Girnan Street, Tamworth -

PN5

is sufficient description of the application of the agreement but that will need to be covered by an appropriate undertaking, Mr Simmonds. The agreement needs an extension of time. It was approved on 22 July but not lodged until 14 August. It's only two days out of time.

PN6

I think the question of the application clause is the only point of difficulty I had with the content of the agreement. The parties declare that the agreement passes the no disadvantage test. I'm satisfied in that respect. In relation to the dispute resolution procedure, there is one in clause 6, management of change. In relation to the question of whether it empowers the Commission to settle disputes over the application of the agreement, I consider that it does not.

PN7

Clause 9 says that after the prescribed steps have been taken, if there is no agreement on a process, the dispute will be referred to the Australian Industrial Relations Commission or clause 6, the matter will be notified to the Commission. Notification does not constitute an intended empowerment for the purposes of section 170LW having regard to the terms of that provision.

PN8

So a question of the application clause only, Mr Simmonds, what's the position? It's obviously intended to apply in Tamworth only, is it?

PN9

MR SIMMONDS: Yes, your Honour, it only applies to those five operators who have signed the last page of the agreement and any new employees who become employed at Tamworth come under those classifications which appear in schedule 1, wage rates, operators level 3 through to 6 would apply to such employees. Regarding extension of time, your Honour, there was some minor delay from getting the documentation ready from Tamworth and sending it to the head office of BHP Steel at Wollongong. So we ask that the Commission exercise its discretion to extend that time.

PN10

HIS HONOUR: I think in the circumstances I will not require a separate 170LV undertaking. I do, however, order the transcript to go on file and my notes of the certification check list show that it is to apply only to the Tamworth site. I extend time to extend as necessary. I'm satisfied that the requirements of the act and the rules have been met. That satisfaction is founded upon a scrutiny of the statutory declarations, the outcome of which is recorded in a check list compiled by my associate and completed and signed by me following my perusal of the agreement.

PN11

I certify as agreement 817903 in print 921579 the agreement proposed. It shall come into operation from 26 August 2002 and shall remain in force until 30 June 2004. A certificate has been signed and sealed and it will be made available in duplicate, I think, to Mr Simmonds but a copy of it should be provided to the employee representative. I'm just looking for the name of -

PN12

MR SIMMONDS: It's Mr David Cash, your Honour.

PN13

HIS HONOUR: Well, could a copy of that be provided - we'll give you two copies and one should go to him.

ADJOURNED INDEFINITELY [10.15am]