D2003/1, Transcript of Proceedings [2003] AIRCTrans 2032 (28 May 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DUNCAN

D2003/1
D2003/5

APPLICATION FOR ALTERATION
OF ELIGIBILITY RULES

Application under section 204(1) of the Act
by CSR Limited Officers Association for
consent to alter eligibility rules

Application under section 204(1) of the Act
by CSR Limited Officers Association for
alteration to remove industry rule

SYDNEY

9.35 AM, TUESDAY, 13 MAY 2003

Continued from 14.04.03

Adjourned sine die

PN76

THE SENIOR DEPUTY PRESIDENT: I've had these two matters called together. They are related matters. They deal with the same subject matter and it's convenient to have one transcript, I believe. Is there any variation to appearances?

PN77

MR B. STIRLING: Your Honour, I appear for the CFMEU.

PN78

THE SENIOR DEPUTY PRESIDENT: I think you've appeared before, haven't you, Mr Stirling?

PN79

MR STIRLING: Not in respect to this matter, your Honour.

PN80

THE SENIOR DEPUTY PRESIDENT: Very well.

PN81

MR McNALLY: I've been asked to mention an appearances, your Honour, on behalf of the Australian Manufacturing Workers Union for MR BUCHANAN. All the matters are now settled - - -

PN82

THE SENIOR DEPUTY PRESIDENT: Yes, I had gleaned that, Mr McNally.

PN83

MR McNALLY: I would seek to hand up a signed copy of the terms of settlement with the CFMEU signed by myself. The CFMEU have a copy signed by both parties.

PN84

THE SENIOR DEPUTY PRESIDENT: I'll mark this document, a memorandum of agreement between the CFMEU and the CSR Limited Officers Association, exhibit CSR3.

EXHIBIT #CSR3 MEMORANDUM OF AGREEMENT BETWEEN CFMEU AND CSR LIMITED OFFICERS ASSOCIATION

PN85

MR McNALLY: The settlement involves a change to the application. The change is that we have actually named, in paragraph 2(g)(4) of the rules, the subsidiaries of Lintas Group Limited.

PN86

THE SENIOR DEPUTY PRESIDENT: Yes. I remember that as a matter of some debate on the last occasion.

PN87

MR McNALLY: Yes. Could I hand up a coy of the settlement terms with the Australian Municipal, Administrative and Clerical Services Union signed by both parties?

PN88

THE SENIOR DEPUTY PRESIDENT: Yes. That's an improvement on CSR3, Mr McNally, which isn't signed on behalf of the CFMEU.

PN89

MR STIRLING: Your Honour, I have a signed copy of the document.

PN90

THE SENIOR DEPUTY PRESIDENT: We can make a copy of that.

PN91

MR STIRLING: Would your Honour like me to make that available to you now?

PN92

THE SENIOR DEPUTY PRESIDENT: Yes, and we'll make a copy of it so that you have one as well.

PN93

MR STIRLING: Thank you, your Honour.

PN94

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Turning then to the agreement between the ASU and the Association, I'll mark that memorandum of agreement CSR4.

EXHIBIT #CSR4 MEMORANDUM OF AGREEMENT BETWEEN ASU AND CSR LIMITED OFFICERS ASSOCIATION

PN95

THE SENIOR DEPUTY PRESIDENT: The memorandum of agreement in relation to the ASU has been signed by both parties so there's no difficulty with that.

PN96

MR McNALLY: Could I have up a copy of the agreement with the Australian Manufacturing Workers Union which is in the same terms as the other two? It has been signed by the Australian Manufacturing Workers Union but it's on its way to me. I will undertake to get it to the Commission immediately it's received.

PN97

THE SENIOR DEPUTY PRESIDENT: Very well, Mr McNally. I will mark in anticipation the memorandum of agreement between the AMWU and the CSR Limited Officers Association exhibit CSR5.

EXHIBIT #CSR5 MEMORANDUM OF AGREEMENT BETWEEN AMWU AND CSR LIMITED OFFICERS ASSOCIATION

PN98

MR McNALLY: Could I hand up a copy of an amended application which gives effect to the agreement which has been reached?

PN99

THE SENIOR DEPUTY PRESIDENT: This is a further amendment, is it not? CSR2 happens to be an amended application to consent

PN100

MR McNALLY: A further amendment to the further amendment, I think it is, yes.

PN101

THE SENIOR DEPUTY PRESIDENT: Yes, exactly. I mark the amended application for consent to the alteration of eligibility rules of the CSR Limited Officers Association as exhibit CSR6.

EXHIBIT #CSR6 AMENDED APPLICATION FOR CONSENT TO THE ALTERATION OF ELIGIBILITY RULES OF CSROA

PN102

MR McNALLY: In relation to that application, the rule amendment process: the rule amendment was processed in accordance with the written statement that was filed in conjunction with the application. There were other consequential rule amendments that didn't require the approval of the Deputy President. The procedure was the same in both because they were done together and the Registry has approved the comparison with the rules and the method that has been adopted.

PN103

THE SENIOR DEPUTY PRESIDENT: Very well.

PN104

MR McNALLY: Could I just place on the record that the series of amendments that were made resulted in the rules being amended to a lesser extent than was originally required.

PN105

THE SENIOR DEPUTY PRESIDENT: There's no need for re-advertisement as a result?

PN106

MR McNALLY: Yes. That's our view.

PN107

THE SENIOR DEPUTY PRESIDENT: Well, it's the view I take, if the rules are amended in a narrower fashion than the original application.

PN108

MR McNALLY: Thank you. I think in the end-result the only consequence of the variation was the subsidiaries were actually named, yes.

PN109

THE SENIOR DEPUTY PRESIDENT: I see.

PN110

MR McNALLY: Moving to the other matter: there was no objection received from anyone to the rules alteration but I did agree with the four objectors to the other matter to consent to an objection out of time if we didn't settle the other matter. We have settled the other matter and, as a consequence - there's no need to amend that application - could I hand up a to the Commission a document which reflects the totality of the amendment of the two lots of proceedings?

PN111

THE SENIOR DEPUTY PRESIDENT: Yes.

PN112

MR McNALLY: The only amendment in the second application was that the industry rule was removed.

PN113

THE SENIOR DEPUTY PRESIDENT: I recall that being discussed also. This means, does it not, Mr McNally, that the alterations to the rules which are to be effected are contained in that document?

PN114

MR McNALLY: Yes, the document which I have just handed to you.

PN115

THE SENIOR DEPUTY PRESIDENT: All right then. In matter D2003/5 the amended application I will mark exhibit M1 to distinguish it from the other matters.

EXHIBIT #M1 AMENDED APPLICATION IN D2003/5

PN116

MR McNALLY: M1 reflects the alteration to the rules as a consequence of both applications. The second amendment, that is, the amendment that removed the eligibility rule, was processed in accordance with the written statement which accompanies the application and again on that occasion there were other alterations to the rules that didn't require the consent of a Deputy President and they were processed by the Registry which found that the rule alteration had been effected in accordance with the Rules of the CSR Limited Officers Association.

PN117

THE SENIOR DEPUTY PRESIDENT: Very well.

PN118

MR McNALLY: We would ask that the appropriate orders be made as a consequence. If the Commission pleases.

PN119

THE SENIOR DEPUTY PRESIDENT: Mr Stirling, what do you have to say?

PN120

MR STIRLING: Your Honour, we have further to add. We consent to that, your Honour.

PN121

THE SENIOR DEPUTY PRESIDENT: Very well. I'm satisfied that the requirements of the Act have been met in this case. The appropriate orders, including effecting the variations, will issue in due course. There will be a short formal decision issued at the same time.

PN122

The arrangement, as I understand it, for putting into effect a change of rules requires us to give the Registry some little time to incorporate the variations in the documents they maintain prior to the formal decision coming into effect. Subject to that, the matters appear to be complete and I adjourn them indefinitely.

ADJOURNED INDEFINITELY [9.45am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #CSR3 MEMORANDUM OF AGREEMENT BETWEEN CFMEU AND CSR LIMITED OFFICERS ASSOCIATION PN85
EXHIBIT #CSR4 MEMORANDUM OF AGREEMENT BETWEEN ASU AND CSR LIMITED OFFICERS ASSOCIATION PN95
EXHIBIT #CSR5 MEMORANDUM OF AGREEMENT BETWEEN AMWU AND CSR LIMITED OFFICERS ASSOCIATION PN98
EXHIBIT #CSR6 AMENDED APPLICATION FOR CONSENT TO THE ALTERATION OF ELIGIBILITY RULES OF CSROA PN102
EXHIBIT #M1 AMENDED APPLICATION IN D2003/5 PN116