C2002/5962, Transcript of Proceedings [2003] AIRCTrans 1218 (4 April 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER ROBERTS

C2002/5962

CONSTRUCTION, FORESTRY, MINING
AND ENERGY UNION

and

RAVENSWORTH EAST OPEN CUT COAL MINE

Notification pursuant to section 99 of the Act
of a dispute re alleged failure of the company
to meet with employees and the union for
discussions and/or negotiations

SYDNEY

2.14 PM, WEDNESDAY, 19 MARCH 2003

Continued from 6.3.03

Hearing Continuing

PN657

THE COMMISSIONER: The appearances remain the same, so we'll hear from you Mr Endacott.

PN658

MR K. ENDACOTT: Thank you, Commissioner. At the conclusion of the last proceedings or during the last proceedings there was some conciliation and it appeared that that conciliation has been reasonably successful in narrowing the scope of issues and putting some sort of finality to this particular application. At the end of those proceedings, it was indicated on transcript that we would write to the company setting out our position and there'd be a response. Mine is getting to that. The company wrote to the representatives of Ravensworth East Coal Management on 7 March and the company wrote back on 14 March.

PN659

Essentially those documents reflect the position between the parties. I will say this. I did write to the company on 17 March which I will tender for the purposes of completeness, Commissioner. I'm certainly making these submissions of the view that you have received the copies of the respective correspondence from the parties.

PN660

THE COMMISSIONER: A letter from the CFMEU to Mr De Flamingh of Blakes dated 17 March 2003 becomes exhibit A20.

EXHIBIT #A20 LETTER FROM THE CFMEU TO MR DE FLAMINGH OF BLAKES DATED 17/03/2003

PN661

THE COMMISSIONER: Yes, proceed.

PN662

MR ENDACOTT: I think the second paragraph reflects our position:

PN663

The position we propose and the representations we make are set out in our correspondence of 7 March 2003 ...(reads)... this matter should be progressed.

PN664

We would prefer to have the matter finalised prior to 14 April 2003 but that day was the day discussed in conciliation. I think that was the case and it's not opposed. There was one issue and I don't ask the Commission to deal with it here even though it may arise and that is the company indicated in its correspondence one of the reasons why it sought the 14 April as reflected in the fourth paragraph of exhibit A20 was that it is appropriate for the company to hold discussions with employees about changes, if any, to their employment arrangements.

PN665

I just draw the Commission's attention to exhibit A3 which is the 21 October 2002 correspondence between the union and the company that had all those authorisations attached. Now, the copy I tendered didn't have the authorisations attached because there was, I think, all in all there's about
30-odd of them but from our perspective, it does make it quite clear that all communications, discussions, negotiations and documentation concerning their terms and conditions of employment, any contract of employment or certified agreement that there be some discussion with us. Certainly we've foreshadowed with the company that we expect that to occur if they're going to discuss those changes.

PN666

There's only that issue, Commissioner. I don't know if the company has formed a view that there's any changes necessary. Certainly we're of the view that some of the specific terms in the award is better than the contract and the award would need to be applied in that regard, but that's something that no doubt can be discussed in the future should it arise between the parties. Only that, we would ask that and I believe it already has been, the matter be listed for hearing on 14 April and I think the matter can be disposed of reasonably quickly on that day in an unopposed roping-in award application.

PN667

The only thing I would say if my friend responds is that I'd like to thank the Commission for its assistance in certainly getting some of the matters resolved. I'd just say for the purposes of my understanding of industrial relations, conciliation proved very effective in this matter once, I think, the hurdle of the employees position was overcome and I do this belatedly but I think certainly the involvement of Blakes have had a part to play in being able to facilitate some sort of settlement. If the Commission pleases.

PN668

THE COMMISSIONER: Thank you. Mr De Flamingh?

PN669

MR DE FLAMINGH: Thank you, Commissioner. I'd just confirm the matters raised by Mr Endacott. I have nothing further to add than also to echo our sentiments. We thank the Commission for its assistance and we do not oppose that the matter be listed for hearing on 14 April 2003 at which time, as the company has indicated, it will not oppose the making of a roping-in award.

PN670

THE COMMISSIONER: Thank you. We'll go off the record for a moment.

OFF THE RECORD [2.20pm]

RESUMES [2.21pm]

PN671

THE COMMISSIONER: Having heard the parties, I intend to adjourn this matter till 10am on 14 April 2003 which is a date previously set down for report back. It will now be set down for the making of the roping-in award. Is there anything further the parties need to put to me?

PN672

MR ENDACOTT: No, Commissioner.

PN673

MR DE FLAMINGH: No, Commissioner.

PN674

THE COMMISSIONER: I express my thanks to the parties for conciliating this matter without involving my good self in lengthy arbitral proceedings. Thank you.

ADJOURNED UNTIL MONDAY, 14 APRIL 2003 [2.22pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A20 LETTER FROM THE CFMEU TO MR DE FLAMINGH OF BLAKES DATED 17/03/2003 PN661