AG2002/5420, Transcript of Proceedings [2002] AIRCTrans 4293 (31 October 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N VT429

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

AG2002/5420

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Qantas Airways Limited and Another for
certification of the Australian Services
Union (Qantas Airways Limited) Enterprise
Agreement VI

MELBOURNE

8.31 AM, TUESDAY, 15 OCTOBER 2002

PN1

MR J. McKENZIE: I appear for Qantas Airways Limited, Qantas Flight Catering Limited, Qantas Holidays Limited, QH Tours Limited and Qantas Information Technology Limited.

PN2

MS L. WHITE: I appear on behalf of the Australian Municipal, Administrative, Clerical and Services Union.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, Mr McKenzie.

PN4

MR McKENZIE: Thank you, Senior Deputy President. This is an application by Qantas Airways Limited for certification of an agreement made under section 170LJ of the Workplace Relations Act 1996, such agreement to be known as the Australian Services Union (Qantas Airways Limited) Enterprise Agreement VI. This is the sixth enterprise agreement between Qantas Airways Limited and the Australian Services Union. Senior Deputy President, I rely on the statutory declaration made by Sue Bussell, General Manager, Industrial Relations, on 11 October 2002 on behalf of Qantas Airways Limited which was filed with the application for certification. I understand also that the ASU have filed with the Registry in Melbourne yesterday a copy of their application and statutory declaration.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, they have, a statutory declaration declared by Paul Slape.

PN6

MR McKENZIE: Thank you. If I can turn to the requirements for certification as prescribed in section 170LT of the Act and provide a brief submission in relation to each of those requirements?

PN7

THE SENIOR DEPUTY PRESIDENT: Yes.

PN8

MR McKENZIE: As stated in the statutory declaration of Sue Bussell certification of this agreement will not result on balance in a reduction of the overall terms and conditions of employment of employees covered by the agreement under relevant or designated awards. The relevant awards are the Airline Officers (Qantas Airways Limited) Award 2000 and the Salaried Staff (Qantas Information Technology Limited) Award 1988. The agreement covers approximately 9700 employees across Qantas Airways Limited employed in Qantas Airways Limited, Qantas Flight Catering Limited, Qantas Holidays Limited, QH Tours Limited, Qantas Information Technology Limited.

PN9

The company ensured employees had access to a copy of the agreement prior to voting for its approval. To this end a copy of the agreement was posted to the Qantas Intranet site on Monday, 16 September 2002, and was sent to all GM Human Resources for distribution in workplaces. A copy of the agreement was distributed by post to all employees under cover of a letter dated 14 September 2002. The covering letter advised employees that additional information in relation to the agreement could be obtained from either the company or the ASU. Managers and Human Resources staff are available to answer any questions that employees may have had.

PN10

An internal communications flier called the EBA Insider was developed and distributed to all work sites explaining in summary the effect of the proposed terms of the agreement. A valid majority of persons employed at the time of whose employment would be subject to the agreement generally approved the agreement on 11 October 2002. The agreement contains a dispute settlement procedure in clause A10. The nominal expiry date of the agreement is specified in clause 2 of the agreement and is 30 June 2004.

PN11

Unless there are other specific matters the Commission would like the company to address I would seek the Commission under section 170LT certify the Australian Services Union (Qantas Airways Limited) Enterprise Agreement VI, if the Commission pleases.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes. I note, Mr McKenzie, that five entities are named and I take it they are a single business within the meaning of the Act?

PN13

MR McKENZIE: I am sorry, five?

PN14

THE SENIOR DEPUTY PRESIDENT: Qantas Airways Limited, Qantas Flight Catering Limited, etcetera, five entities within Qantas.

PN15

MR McKENZIE: Yes.

PN16

THE SENIOR DEPUTY PRESIDENT: They undertake business for a common purpose.

PN17

MR McKENZIE: They do.

PN18

THE SENIOR DEPUTY PRESIDENT: Yes, very well. There is also the issue that agreement needs to be lodged within 21 days of approval but that seems to have been met in this case.

PN19

MR McKENZIE: Yes, that has, Senior Deputy President.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Yes, Ms White.

PN21

MS WHITE: Your Honour, the ASU supports the application to certify this agreement and we rely on the statutory declaration of Paul Slape declared on 14 October 2002. I also formally support the matters put to you by Mr McKenzie. A valid majority of employees required by the Act did vote for this agreement. Some 91 per cent of those who voted in fact voted for this agreement. My friend mentioned to you that the employees received a copy of the document at home and with that document they also received a number of letters, some seven in number between the parties, which detailed the settlement of some claims which were not in the agreement and alternatively interpreted the EBA and expanded on some of the clauses. For completeness, I intend to tender those letters because they were circulated at the time with the agreement.

PN22

THE SENIOR DEPUTY PRESIDENT: Is there any objection to that course, Mr McKenzie?

PN23

MR McKENZIE: Senior Deputy President, those agreements don't form part of the enterprise agreement, however, they do have their own status.

PN24

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Well, I will mark those, Ms White, and place them on the file. To the extent that they deal with interpretation that may well be helpful in future should any issue arise in respect to the interpretation of the relevant clause.

EXHIBIT #ASU1 BUNDLE OF LETTERS DEALING RESPECTIVELY WITH PROVISION OF MOTOR VEHICLES FOR SALES EXECUTIVES, JOB SECURITY, BUDDY TRAINING ALLOWANCE, INTER-LINE TRAVEL BENEFITS, ASU ANNUAL DELEGATES CONFERENCE, AUSTRALIAN AIRLINES RELATIONSHIP WITH ASU AND QANTAS CLASSIFICATION STRUCTURE ANOMALIES

PN25

MS WHITE: In relation to those matters, the matter in relation to buddy training refers specifically to clause A3 of the agreement while the last letter from Ms Bussell dated 10 September 2002 explains clauses B3 and B4. There was some confusion that reigned over that last letter on 10 September 2002 which came out after questions from various employees and there was a further clarifying letter from Ms Bussell which I will - just to again assist us in interpreting in due course. This is a letter dated 18 September from Ms Bussell to me.

EXHIBIT #ASU2 LETTER DATED 18 SEPTEMBER FROM MS BUSSELL DEALING WITH CLASSIFICATION STRUCTURE ANOMALIES

PN26

MS WHITE: Other than those matters the ASU supports the application and commends it to the Commission for certification.

PN27

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms White. Anything further, Mr McKenzie?

PN28

MR McKENZIE: Senior Deputy President, I did fail to mention one thing which I mentioned to Ms White prior to these proceedings. The EBAs Ms White mentioned in B4 refer to work value changes and anomalies and foreshadow, if I may, Senior Deputy President, that Qantas will write to the Commission with a skills matrix which we will ask that the Commission place on file in a sealed envelope. In other words, to be kept confidential between the parties which reflects the intent of the operation of B4 as we would see it.

PN29

THE SENIOR DEPUTY PRESIDENT: Yes, very well. That will be forwarded to the Commission shortly.

PN30

MR McKENZIE: That will be forwarded to the Commission and a copy to the ASU.

PN31

THE SENIOR DEPUTY PRESIDENT: Yes. Is there any objection to that course, Ms White?

PN32

MS WHITE: There is no objection to that course of action.

PN33

THE SENIOR DEPUTY PRESIDENT: Yes, very well. In anticipation of the document being forwarded dealing with clause B4 within the agreement that will be marked exhibit QF1 and retained in a sealed envelope on the file marked to be opened only by myself as the presiding member or the Industrial Registrar.

EXHIBIT #QF1 CONFIDENTIAL DOCUMENT RETAINED IN A SEALED ENVELOPE ON THE FILE MARKED TO BE OPENED ONLY BY SDP WATSON AS THE PRESIDING MEMBER OR THE INDUSTRIAL REGISTRAR

PN34

THE SENIOR DEPUTY PRESIDENT: Very well, thank you for that. This is an application pursuant to section 170LJ of the Workplace Relations Act 1996 for certification of the Australian Services Union (Qantas Airways Limited) Enterprise Agreement VI. It is an agreement made between Qantas Airways Limited and the Australian Services Union. Having regard to the statutory declarations of Mr Slape and Ms Bussell and the submissions put today I am satisfied that each of the requirements of the Act have been met.

PN35

In accordance with section 170LT of the Act I will certify the agreement in the terms entered into between the parties. The agreement shall come into force from 15 October 2002 and shall remain in force until 30 June 2004. I note for the record that pursuant to section 170MV of the Act certification of the agreement has the effect of ending bargaining periods in BP1991 through to 4 of 2002. I will note also for the record that I have marked and will have placed on the file documents in the form of ASU1 and 2 exchanged between the parties and will place on the file exhibit QF1 in a sealed envelope to be accessed only by myself or the Industrial Registrar.

PN36

These documents will be kept on file. To the extent that some of them go to the interpretation of the agreement my experience and that of other members of the Commission is that any contemporaneous document dealing with interpretation is often helpful should issues arise during the course of the agreement and is proper, in my view, that that material be maintained on the file to assist the Commission and the parties in the event that any such issue arises during the course of this agreement. I will now adjourn these proceedings.

ADJOURNED INDEFINITELY [8.44am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ASU1 BUNDLE OF LETTERS DEALING RESPECTIVELY WITH PROVISION OF MOTOR VEHICLES FOR SALES EXECUTIVES, JOB SECURITY, BUDDY TRAINING ALLOWANCE, INTER-LINE TRAVEL BENEFITS, ASU ANNUAL DELEGATES CONFERENCE, AUSTRALIAN AIRLINES RELATIONSHIP WITH ASU AND QANTAS CLASSIFICATION STRUCTURE ANOMALIES PN25
EXHIBIT #ASU2 LETTER DATED 18 SEPTEMBER FROM MS BUSSELL DEALING WITH CLASSIFICATION STRUCTURE ANOMALIES PN26
EXHIBIT #QF1 CONFIDENTIAL DOCUMENT RETAINED IN A SEALED ENVELOPE ON THE FILE MARKED TO BE OPENED ONLY BY SDP WATSON AS THE PRESIDING MEMBER OR THE INDUSTRIAL REGISTRAR PN34