C2003/2465, Transcript of Proceedings [2003] AIRCTrans 4070 (16 September 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT HARRISON

C2003/2465
C2003/2466
C2003/2467
C2003/2468

APPEALS UNDER SECTION 45 OF THE ACT
BY AUTOMOTIVE, FOOD, METALS, ENGINEERING,
PRINTING AND KINDRED INDUSTRIES UNION,
CHRIS LOCKE AND ANOTHER, COMMUNICATIONS,
ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION,
POSTAL, PLUMBING AND ALLIED SERVICES UNION
OF AUSTRALIA AND GLEN WILDE AGAINST A DECISION
OF SENIOR DEPUTY PRESIDENT CARTWRIGHT ON 5 JUNE 2003 IN AG2003/5059 RE CERTIFICATION OF AN AGREEMENT

SYDNEY

10.05 AM, FRIDAY, 29 AUGUST 2003

Continued from 21.07.03 before Senior Deputy President Harrison, Deputy President Leary and Commissioner Spencer

Hearing continuing

PN25

THE SENIOR DEPUTY PRESIDENT: May I have appearances in this matter?

PN26

MR A. NEILSON: Yes. If it pleases, I appear on behalf of the AMWU, Chris Locke and Nellie Holt in matters 2465 and 2466. I also mention the appearance of the CEPU and their member, Mr Glen Wilde, in matters 2467 and 2468.

PN27

DR C. SMITH: Your Honour, I seek leave to appear for Amcor Aerosols in both matters.

PN28

THE SENIOR DEPUTY PRESIDENT: Yes. Is there any difficulty with leave being granted?

PN29

MR NEILSON: No, no opposition, your Honour.

PN30

THE SENIOR DEPUTY PRESIDENT: Leave is granted. Now, I understand that we are principally dealing with programming today, Mr Neilson, are we?

PN31

MR NEILSON: Yes, that is the case, your Honour. Last time we were before you the applicants had indicated that they would seek to have a stay order imposed and that was the purpose of today's proceedings. Subsequent to that, I've had a discussion with my friend in relation to that stay order and it appears that the site is only implementing the pay increase part of the agreement that was certified by his Honour, Senior Deputy President Cartwright, the subject of this appeal.

PN32

The other changes in relation to shift provisions, which we were primarily concerned for and that is the reason why the stay order was sought, aren't scheduled to take place until 20 November this year for six employees, and for the rest of the employees are not scheduled to take place until the start of next year.

PN33

It was on that basis that both parties agreed that it would probably be in both our interests to have the matter the subject of the appeal dealt with as quickly as possible so that we could attempt to have a decision, or at least a hearing of the appeal, before 20 November 2003. It's on that basis that we won't be pushing for the stay order today and we would be seeking some form of program in relation to it.

PN34

I believe my friend has an affidavit that he is going to tender from Mr Cheney, who is the Operations Manager at the site, attesting to facts that I've just alluded to.

PN35

THE SENIOR DEPUTY PRESIDENT: All right. Dr Smith?

PN36

DR SMITH: Yes, your Honour. An affidavit was prepared by Mr Cheney, who is the Plant Manager, for the purpose of the say. It's probably not appropriate to tender it but I'll hand it up. Mr Cheney isn't here but he has sworn it.

PN37

THE SENIOR DEPUTY PRESIDENT: All right - and that really goes to the understanding that Mr Neilson has about what is or isn't going to be implemented between now and 20 November and thereafter?

PN38

DR SMITH: That's correct. If you turn to paragraphs 15 through to 17 - this is an affidavit sworn by Mr Cheney on 22 August so very recently - he refers to clause 13 of the agreement and then states:

PN39

The relocation of the employees covered by this agreement ...(reads)... in the New Year and up to 30 June.

PN40

That is the major change in the agreement. I should point out though, just so that everybody is quite clear, that there is a clause in the agreement which requires the company to engage in consultation three months prior to the relocation. That's clause 16. That would obviously have to continue, that consultation, but no effective change will occur until 20 November.

PN41

All right. Well, shall we go off transcript for a short time and talk about hearing dates?

PN42

DR SMITH: Yes, your Honour.

PN43

MR NEILSON: Yes, your Honour.

OFF THE RECORD [10.10am]

RESUMES [10.15am]

PN44

THE SENIOR DEPUTY PRESIDENT: The hearing of the appeal in this matter is now adjourned to a date to be fixed. I have indicated that the date is likely to be either Friday, 7 November - and that is the preferred date - or Monday, 17 or Tuesday, 18 November. I should know today which day it will be and you will be advised. The Commission now adjourns.

ADJOURNED ACCORDINGLY [10.10am]