C2002/4402, Transcript of Proceedings [2002] AIRCTrans 3722 (23 September 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N VT05632

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

MUNRO J

C2002/4402

HOLDEN LIMITED

and

AUTOMOTIVE, FOOD, METALS, ENGINEERING,
PRINTING AND KINDRED INDUSTRIES UNION
and ANOTHER

Application under section 127(2)
of the Act by Holden Limited for an
order to stop or prevent industrial action

MELBOURNE

10.17 AM, FRIDAY, 6 SEPTEMBER 2002

Continued from 30.8.02 in Sydney

PN191

HIS HONOUR: This is matter C4402/2002. It was an application lodged on 29 August. It was before the Commission on 30 August in a video conference. Since then the matter was listed today originally for hearing pending some discussions between the parties, and I have received a communication dated 3 September indicating that the parties sought the opportunity to report back on the nature of an agreement.

PN192

Is there any change to appearances?

PN193

MR TUCK: No, your Honour.

PN194

MR LYONS: No, your Honour.

PN195

HIS HONOUR: Very well. Who wishes to report?

PN196

MR TUCK: Your Honour, I might just introduce the matter for you. We wrote to you I think on 3 September, indicating that the parties had reached a resolution regarding the interpretation of the Holden Consolidated Award 1998.

PN197

Your Honour may recall that the clause under debate between the parties was I think clause 33. The parties met on Tuesday, on the afternoon of Tuesday, at Holden at Dandenong. They met for over an hour and came up with six dot points which is an agreed process in relation to dealing with the issue. And if I might just tender that. I think my friend will have copies of it.

EXHIBIT #HOLDEN2 SIX AGREED DOT POINTS

PN198

MR TUCK: Holden2, your Honour. Just so that my friends have the same version - the first dot point is: Employee has issue. The second dot point is: Employee approaches supervisor to resolve and involve shop steward if necessary. The third dot point is: Where an employee elects, for personal reason, not to discuss the issue with their supervisor they will request, from the supervisor, a meeting with the shop steward. The supervisor or supervisors will release employee and shop steward for the meeting. Where the need for the employee is not urgent, and the employee agrees, a later time will be arranged by the supervisor or supervisors with consideration to the business needs. The shop steward and/or employee will advise the supervisor if any further action is required.

PN199

That agreement was reached, your Honour, and in relation to the section 127 application an assurance was sought from the unions in relation to the protection of the API process which was discussed last time. Your Honour will recall that the annual physical inventory is an important process at Holden. It requires the hiring of equipment and approximately $20,000 and it also means that the warehouse stops for that day to undertake this process.

PN200

Your Honour, you will also recall that the API process is a six week lead up process. Much of that time has been lost and has to be repeated. I am instructed, your Honour, that the next API will be undertaken on Friday, 1 November. I did indicate last time, and I think it was discussed between the parties, that 27 September might be a date upon which the next API could be conducted.

PN201

I am instructed, your Honour, that because the end of month closure is in fact Monday, 30 September, that API process cannot be undertaken on the Friday, 27th because the API requires the effective closure of the warehouse for that day but it also requires further work to be done on the second day, that is the Saturday - some further counts and getting the computer systems back up and running which is, I think, approximately a four hour process.

PN202

That couldn't be done on the 27th - the Friday, because we still have another day in September, on the Monday so that process has to be done at month's end, the next most convenient date is to do it on Friday, 1 November so as to take the October account. That will allow Holden to do whatever further counts - secondary counts on the Saturday, 2 November, plus restart the computer systems so that work can recommence on the Monday at 6.30 am.

PN203

Your Honour, I understand that the assurances given by the union and my friends will correct me if I am overstating it is that the unions will not promote, organise, or encourage any further industrial action to be taken by the employees at HSPO during the period leading up and including the day of the rescheduled API on Friday, 1 November, if your Honour pleases.

PN204

HIS HONOUR: Yes, thank you, Mr Tuck. Yes, Mr Lyons.

PN205

MR LYONS: If the Commission pleases. To take the matters in order, your Honour. I can confirm that the material read on the transcript by my friend and reflected in Holden2 does reflect an agreement reached by the parties about the manner in which step 1 of the grievance procedure will operate at the Dandenong facility.

PN206

We believe that that is a commonsense approach to the provision which protects the interests of the employees, as well as the legitimate interests of the employer and resolves the matter which is in dispute. In respect of what my friend describes as the commitment, from the point of view of the NUW the position is this your Honour and we understand that this was what was put to the employer included at the meeting.

PN207

The settlement reflected in Holden2 resolves the dispute which exists between the parties and which caused the industrial action to which your Honour's order was directed. As a consequence of that Holden2 resolves the dispute and the unions are in a position to indicate to the company that there will be no industrial action over this issue because the dispute is resolved.

PN208

We say, your Honour, nothing about some broader commitment beyond to say that there are no issues between the parties which are not currently being resolved through proper channels, whether they be this Commission or local negotiations. So there is a certain irony, your Honour, in the company seeking undertakings from both the unions when those were rejected as unacceptable, before you, last Friday. However, for the purposes of today, we do give the commitment in relation to the issue that is before your Honour but we say nothing about any broader commitment nor, we say, can we be required to give such commitment. But I can inform your Honour that there are no issues extant or on the horizon which would lead anybody to suggest that there be any disputation possible at the Dandenong facility, between now and the determinant point being the API process but even as a general statement of fact, your Honour.

PN209

So we say that resolves the matter. Your Honour ought discharge the interim order, the settlement reached will obviously remain on the Commission's file, if there are any issues arising from the implementation of that in the future and the parties can go about their business in accordance with the certified agreement and award, as normal.

PN210

HIS HONOUR: Thank you Mr Lyons. Mr Cole.

PN211

MR COLE: Yes, your Honour. In terms of the AMWUs position and I fully support the submission made by Mr Lyons from the National Union of Workers. Our position, I think I stated quite clearly and unequivocally at the hearing last Friday. We were prepared at that stage to give a commitment. Management weren't prepared to accept that commitment in respect to no further industrial action on this particular issue, pending the next API being held. They rejected that point of view at that particular point of time and I have got to place on transcript my thoughts about that rejection were. Yes we are more than happy to give the commitment, there will be no further action taken in respect of this issue, other than if matters arise as a result of this issue coming through the proper grievance process and come back before the Commission as currently constituted or is delegated to another member of the Commission. But we give a commitment no wider or with greater breadth than that commitment.

PN212

HIS HONOUR: Mr Tuck.

PN213

MR TUCK: Your Honour, having heard the commitments that have been put on the record by my friends, I indicate this just as a matter of record, that the Commission has now been advised as to the importance of API for the company, the costs involved in preparing for API, the lead up time required to prepare for API. Your Honour, the company welcomes the assurances in relation to the no further industrial action over this issue, but the company, your Honour, wishes to indicate that the next API is a critical date for the company and if there is any further concern which may indicate that this matter - that industrial action may again put in jeopardy that date, the company would wish to bring the matter back on before the Commission, as a matter of urgency.

PN214

HIS HONOUR: What I propose to do, I indicate, I don't know that it needs any further order. There is no further order and the interim order made on 30 August expires. I don't there is a necessity - this isn't an order of the kind that carries on regardless of its duration. Though out of more abundant - caution I state on the record that I understand - my understanding is that the interim order ceases to operate from 6 September, today, and the reason that that - so as that no further order is made and there is effectively a resolution of the matters in dispute which is set out in Holden2.

PN215

The Commission notes the respect of reports and the form of commitment given. I will stand the matter over, generally, on the basis that I will close the file in mid-November. In the meantime I will reserve liberty to apply on short notice, subject to the condition that any application shall be in writing and served upon the parties to this proceeding at the same time as it is lodged with the Commission. Thank you, I have to say the sensation of being present in the same room as parties as vastly different from the video conference which seems to me to be an utterly deplorable development, in terms of understanding what people are on about and communicating. One can at least recognise faces at this distance and hopefully one sees them. Very well, I will stand the matter over on that basis. Thank you.

ADJOURNED INDEFINITELY [10.31am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #HOLDEN2 SIX AGREED DOT POINTS PN198