AG2001/2782, Transcript of Proceedings [2003] AIRCTrans 1340 (11 April 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER JONES

AG 2001/2782

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by Elephant's Foot Waste Compactors Pty
limited for certification of the Elephant's
Foot Waste Compactors Pty Limited - On-Site
Construction Agreement

SYDNEY

4.00PM, TUESDAY, 29 MAY 2001

PN1

THE COMMISSIONER: May I have the appearances, please.

PN2

MS D. KARAGEORGE: My name is D. KARAGEORGE, I'm a solicitor for the employer and I appear with MR J. ALTERATOR, who is the workers' representative.

PN3

THE COMMISSIONER: Thank you. Ms Karageorge, will you tell me what it's about.

PN4

MS KARAGEORGE: Commissioner, I'm new to this jurisdiction. As I understand it, my client makes waste compactors and if he wants to make them in the multi-storey buildings the people who control the buildings have said he has to give certain benefits in addition to the normal benefits to the employees, otherwise they won't allow them on the sites, so this agreement is restricted to the workers when they're on sites. Basically it's their award conditions plus the other conditions that the building site people have negotiated with the unions and it's things like they get better superannuation, they get accident pay on top of their workers compensation pay. I think that's about it. It's what they get plus if anything under this agreement conflicts with the award, if it's to the disadvantage, the award is to have precedence.

PN5

THE COMMISSIONER: What award are we talking about?

PN6

MS KARAGEORGE: The award, as I understand it, is - - -

PN7

THE COMMISSIONER: You're talking about the National Metal & Engineering & On-Site Construction Award. You might like to continue.

PN8

MS KARAGEORGE: The additional benefits are on page 4 of the award. There are the wages which are to be paid, which are in the annexure to the agreement, when the workers are on site which I understand are the wages which that are prescribed by the building industry. Mr Alterator knows a lot more about this than I do.

PN9

THE COMMISSIONER: I'll come to Mr Alterator in a moment.

PN10

MS KARAGEORGE: There are extra superannuation payments. $70 a week is to be paid on top of the normal rates of pay under the Superannuation Guarantee Act. There are redundancy payments, $59 a week or $66 a week. There are allowances for fares and travel from work to the site. On page 5 point 4 one of the main things is the insurance under ..... of pay, so that as well as getting the normal workers compensation benefits they have accident pay on top of that. There are clothing benefits. Perhaps if you could point me to what other things you need me to address.

PN11

THE COMMISSIONER: I just wanted to know what award it was to and also what the benefits were seen by the employer in terms of having an agreement such as this. I think you've told me that on the basis of going on site there needs - because you're going onto construction sites it means better benefits for its employees.

PN12

MS KARAGEORGE: Yes, that's my understanding of it, Commissioner.

PN13

THE COMMISSIONER: How did they go about getting this agreement?

PN14

MS KARAGEORGE: That's covered in the affidavit of Mr Harvey Michael. Basically they put up a notice on the notice board and let them know that they were going to try and organise an agreement. Then there were discussions. A draft agreement was drawn up which was in the office. It's only a very small factory, Commissioner.

PN15

THE COMMISSIONER: Yes, I know it's only got six employees.

PN16

MS KARAGEORGE: Yes, and people were told if they wanted to have a look at it, it was there. Mr Michael went through and told the workers what he understood was the way it worked, which was basically to their benefit, and that the company had to enter into it if the men wanted to work on big construction sites. He asked if they had any questions. A copy was given to Mr Alterator. He talked to the workers and had a meeting with them and went through it. The recommendation was made by the employer and Mr Alterator that the agreement be accepted because the way it operates, as we understand it, was it's only to the benefit of the chaps who go on site, if they want to go on site, and they've already indicated they want to. Accordingly to Mr Alterator's affidavit they consent to the agreement.

PN17

THE COMMISSIONER: Thank you. That's about all I need to know from the company's point of view. Mr Alterator, do you concur with what has been said about the process?

PN18

MR ALTERATOR: Yes, all the workers talked about it and we went through the points, like the benefits for us. When we work in the factory we get this normal hourly rate but if we go out on site our rate goes up and it also includes site allowance, everything, so we were all quite happy with it.

PN19

THE COMMISSIONER: How often do you go on site?

PN20

MR ALTERATOR: Sometimes we could go out, like I'm supposed to be on the site now. It's just different jobs, we all go to different jobs and sometimes we'll go out maybe three times a week, sometimes we could be there two weeks in a run. It just depends on how the work's going.

PN21

THE COMMISSIONER: Okay. You see no disadvantage by this agreement?

PN22

MR ALTERATOR: No.

PN23

THE COMMISSIONER: Anything further, Ms Karageorge?

PN24

MS KARAGEORGE: The only other thing I might mention is it seems to be a non unionised workplace but they were told if they were interested in getting a union involved they were welcome to do so.

PN25

THE COMMISSIONER: Yes, okay. Is that your position?

PN26

MR ALTERATOR: Yes. There are some sites we go on to, some of us had to be in a union, so we've talked about it and some of us were going to join the union but most of the things our employer Harvey pays for, so we're happy.

PN27

THE COMMISSIONER: In view of what's been put to the Commission I will certify the Elephant's Foot Waste Compactors Pty Limited - On-Site Construction Agreement to come into effect from today's date, 29 May 2001, to remain in force for a period up to and including 31 October 2002. I will sign the certificate now and it will be available to you before you leave the Commission. Thank you.

PN28

MS KARAGEORGE: There's an amendment to 2004, Commissioner.

PN29

THE COMMISSIONER: I understand there's a replacement page being provided today.

PN30

MS KARAGEORGE: Yes, that's correct.

PN31

THE COMMISSIONER: These will be put into the agreement so the certificate will go out by mail. I will adjourn this matter.

ADJOURNED INDEFINITELY [9.10am]