AG2002/2816, Transcript of Proceedings [2002] AIRCTrans 3552 (17 September 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT HARRISON

AG2002/2816

APPLICATION TO VARY CERTIFIED AGREEMENT

Application under section 170MD(2) by
the Australian Rail, Tram and Bus Industrial Union
to vary the Australian Southern
Railroad Certified Agreement 2001-2004

SYDNEY

10.35 AM, WEDNESDAY, 28 AUGUST 2002

Adjourned sine die

THIS MATTER WAS CONDUCTED BY VIDEOCONFERENCE IN SYDNEY

PN1

THE SENIOR DEPUTY PRESIDENT: There are no appearances here in Sydney. I'll take appearances in Adelaide.

PN2

MR R.V. HANCOX: If the Commission pleases, I appear on behalf of the Australian Rail, Tram and Bus Industrial Union.

PN3

MR K. SHRINKFIELD: If the Commission pleases, I appear on behalf of Australia Southern Railroad.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. This is an application to vary an enterprise bargaining agreement which I think I certified a little while ago. It's your application, Mr Hancox.

PN5

MR HANCOX: Certainly, thank you, Senior Deputy President. Before I begin I probably need to point out that in the transmission of the documents for amendment or variation there appears to have been a bit of an omission and four pages have gone missing from the previous document which are the diagrams on pages 28 to 31 inclusive which show the references to the clause 513 in the original agreement, they appear to have been left out and as a result the application has a reference to attachment B on page 32 which actually appears on page 28.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, I see. Well, then let me have a look, I've got multiple copies here. What are you proposing then should happen?

PN7

MR HANCOX: What I would propose is that at some stage during today either our National office or ASR will email to the Commission the correct document with those four pages in it, then the attachment B will then be in the correct position.

PN8

THE SENIOR DEPUTY PRESIDENT: Excellent, all right you do that and we'll proceed this morning on the basis as if I had that document in front of me.

PN9

MR HANCOX: Okay, thank you, Senior Deputy President. This is an application by the Australian Rail, Tram and Bus Industrial Union under section 170MD(2) of the Workplace Relations Act to vary the Australia Southern Railroads Certified Agreement 2001-2004. The reasons for the variation is because of the construction of the Alice Springs to Darwin rail line which required specific conditions of employment over and above that which currently apply to those employees of Australia Southern Railroad. These conditions are contained in the proposed varied agreement as attachment B which in fact is on page 32 not 28.

PN10

As can be seen by that attachment the application of the clause is specific to the construction of the Alice Springs to Darwin line and the employees will be paid an allowance of $591 per week whilst on the project and the clause dealing with that allowance specifies the make up of that allowance. The employee will be provided meals and accommodation whilst on the project at either Katherine or Tennant Creek and there's also a clause dealing with the rostering arrangements whilst on the project as well as an undertaking by employees who are willing to participate in this project such as a requirement to commit to working at least three terms of four weeks during the project.

PN11

There were other machinery variations that applied to the body of the agreement and they were the title will now be Australia Southern Railroad Certified Agreement 2001-2004 as varied 15 July, 2002. The reason being that that was the final day of voting for this variation to the agreement. The table of contents now include attachment B, Alice Springs to Darwin Railway Construction Project. Once agreement was reached on the variation the company provided the variation to the enterprise agreement to all employees via a combined union/company memo on 6 May, 2002.

PN12

The union and the company then conducted a series of meetings at all locations where ASR employees are located where employees had the opportunity to ask questions of and then vote for the variation to the enterprise agreement. The meetings commenced from 16 June and they ran right through until 12 July, 2002. We included the employees at Katherine and Tennant Creek who were actually already working on the project and all employees who attended those meetings voted unanimously in support of the variation. So we would ask the Commission to certify the variation under the relevant section of the Act. Thank you, Senior Deputy President.

PN13

THE SENIOR DEPUTY PRESIDENT: May I just confirm, Mr Hancox, that its nominal date will be coming into effect today and remaining in effect until 23 September, 2004?

PN14

MR HANCOX: That's correct.

PN15

THE SENIOR DEPUTY PRESIDENT: All right, thanks. Mr Shrinkfield, is there anything you wish to add to either the statutory declaration that was lodged on behalf of the Railroad or to the submissions made by Mr Hancox?

PN16

MR SHRINKFIELD: No, Senior Deputy President, Mr Hancox has given an accurate account of the events that led to this position today.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes, thanks very much. Upon the undertaking of the union that I will be provided with the missing pages from the agreement as lodged and relying on the statutory declarations and the submissions made this morning I have formed the view that the application has been made consistent with the provisions of section 170MD of the Act and in particular that a valid majority of employees whose employment is subject to the agreement genuinely approved the variation and that the Commission would be required to certify the agreement as varied if it were a new agreement whose certification had been applied for under the Act.

PN18

The agreement as varied will now be known as the Australia Southern Railroad Certified Agreement 2001-2004 as varied 15 July, 2002. It will come into operation on today's date, 28 August, 2002 and remain in operation until 23 September, 2004. We will issue a certificate to which the agreement as varied will be annexed and provide a copy to both of you in due course. That's all we can achieve this morning?

PN19

MR HANCOX: That's all, thank you.

PN20

MR SHRINKFIELD: Thank you.

PN21

THE SENIOR DEPUTY PRESIDENT: The Commission now adjourns.

ADJOURNED INDEFINITELY [10.43am]