C2003/3944, Transcript of Proceedings [2003] AIRCTrans 2874 (9 July 2003)

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 3393
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER FOGGO

C2003/3944

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

and

HOLDEN LTD

Application under section 170LW of the Act
for settlement of dispute re transfer of
employees from Holden's existing plant
to a new plant

MELBOURNE

5.00 PM, MONDAY, 23 JUNE 2003

Continued from 16.6.03 (Not transcribed)

PN1

THE COMMISSIONER: Several pieces of documentation have been the subject of discussion during conference, and I am going to mark those.

PN2

There is a bundle of documents received from the AMWU which include the letter from Maurice Blackman Cashman. They relate to a letter from the AMWU to members on 13 June, outlining the extant dispute. The second letter is to members on 17 June, outline agreement reached at conciliation. The third letter is a letter from the company dated 17 June from the company to the union outlining three issues regarding their understanding of the previous Commission conference. They will be collectively marked as exhibit A4.

EXHIBIT #A4 BUNDLE OF DOCUMENTS RECEIVED FROM AMWU

PN3

THE COMMISSIONER: For completeness, I am going to mark a work group leader interview guide as exhibit A5, noting that it is not the most up to date interview guide.

EXHIBIT #A5 WORK GROUP LEADER INTERVIEW GUIDE

PN4

THE COMMISSIONER: Ms Lester.

PN5

MS LESTER: Thank you, Commissioner. Commissioner, the parties wish to record on transcript an agreement as to the outcome of certain elements of the dispute and a process for the ongoing resolution of the matter. The first matter is the outcome in relation to team leader selection. There are three elements.

PN6

1. The company has agreed to abide by the 1994 EB Agreement for all future selections: ie, the selection processes will be joint and will cater for members from a non-English speaking background.

PN7

2. Members that have recently applied for employment as team leaders at the HFV 6 plant will have their applications reviewed by the joint

PN8

union/company selection team against the standard 1994 EBA criteria.

PN9

3. Those members that applied for material handlers position from the material handling department will have their employment confirmed as material handlers in writing to the union as soon as possible.

PN10

THE COMMISSIONER: Can I just ask you on that, has that notification been received, or is it imminent?

PN11

MS LESTER: Not yet received, Commissioner, no.

PN12

THE COMMISSIONER: When does the company intend to move to confirm the appointment of the material handlers?

PN13

MR DARBY: As soon as we can. By close of business tomorrow.

PN14

THE COMMISSIONER: Yes, thank you.

PN15

MS LESTER: Commissioner, I might interpose there. The outcome team leader roles and responsibilities, and to confirm that the union has withdrawn the proposed job description, and that that matter is resolved - the company, I beg your pardon. The company has withdrawn the proposed job description.

PN16

The third subject is the outcome in relation to employee selection processes for HFV 6, and the parties agreed as follows:

PN17

1. The company will redraft the confirmation of employment letter members are being asked to sign to include reference to existing awards and agreements. The company will continue to investigate the position of pre-1987 employees, and will respond to the union ion relation to that matter at the forthcoming meeting.

PN18

2. The union and the company will meet to work towards agreement on a transparent, fair, non-discriminatory selection process for HFV 6. The union advises its position as:

PN19

(a) members currently employed in the V6 area should have first right of refusal for this work;

PN20

(b) the selection criteria should be skill mix, employment records, years of service, NALLCU competencies, and an interview between supervisor, employee and the senior shop steward.

PN21

In terms of process, the parties are agreed that the company will provide copies of testing materials and selection criteria so far as it is able to do so in relation to intellectual property issues by close of business, Tuesday 24 June

PN22

The company will put forward a proposal to the union in relation to the selection processes and the matters raised by the union and in conference by close of business on Friday 27 June, and the union will respond by close of business on Monday 30 June. The parties will then meet to discuss the proposals at a mutually convenient time thereafter, having regard to the urgency of the matter. May it please the Commission.

PN23

THE COMMISSIONER: Yes, thank you Ms Lester, you did well there. In relation to point 3 of the outcome on team leader selection, I take point 3 to mean that the company will proceed to advise its employees, or confirm their position regarding material handlers, but it will advise the union of those appointments.

PN24

MS LESTER: That is so, Commissioner.

PN25

THE COMMISSIONER: Mr Smith.

PN26

MR SMITH: Commissioner, generally those words are acceptable to us. Can I just make two points of clarification, which I do not think will be contentious.

PN27

In relation to the three points under the heading, The Outcome Team Leader Selection, in this bulletin, it has referred to:

PN28

Members have recently applied for employment as team leaders as the HFV 6 plant.

PN29

That is, as we understand it, specific in relation to the material handlers, so I don't think that is contentious. In relation to the other paragraph which dealt with the outcome, Employee Selection Process for HFV 6, Ms Lester referred to the fact that the company and the union would be meeting to work towards agreement. Just to clarify, what those words say is exactly what they mean: that is, there doesn't have to be agreement, but there will be every attempt made to try and resolve the issue through agreement.

PN30

Finally, I just want to make it clear that by accepting this understanding on transcript, there shouldn't be any inference drawn by anyone into the future that the company accepts it has done something wrong in the past: that is, it has not complied with its agreements, or its awards, or it has acted in some way discriminatory. That is not the case. What we are agreeing to here is a means to go forward to try and resolve this dispute.

PN31

THE COMMISSIONER: Yes, noted.

PN32

MS LESTER: Commissioner, I am a little bit concerned about my learned friend's comments about number 2. The agreement that was reached in relation to the 1994 EBA criteria applying and the 1994 EBA selection process applying, is in relation to all team leader positions, ongoing selections included. It was agreed that the selections that had already taken place in relation to material handling team leaders would be reviewed, but that it would be ongoing. If I could just confirm that.

PN33

MR SMITH: That is right, Commissioner. We are only concerned about the members that have recently applied, that is all.

PN34

THE COMMISSIONER: Yes. That was understood, yes. All right, that is progress. It is going to be a far better outcome for both sides if you are able to reach agreement, rather than me having to arbitrate on the matter. We haven't gone to sections regarding arbitral powers or jurisdiction. The Act will be quite clear under section 89A regarding the jurisdiction of the Commission on the issue, but there may be other interpretations you have arising from your 2001 agreement, given that probably the only thing you agree on is the title of it.

PN35

There being nothing further, these proceedings are now adjourned.

ADJOURNED INDEFINITELY [5.10pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A4 BUNDLE OF DOCUMENTS RECEIVED FROM AMWU PN3
EXHIBIT #A5 WORK GROUP LEADER INTERVIEW GUIDE PN4