C2003/5299, Transcript of Proceedings [2003] AIRCTrans 4349 (1 October 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER REDMOND

C2003/5299

THE AUSTRALIAN WORKERS UNION

and

MM KEMBLA PRODUCTS (A DIVISION OF
METAL MANUFACTURES LIMITED) PORT KEMBLA

Notification pursuant to section 99 of the Act
of a dispute re alleged breach of dispute
settling procedure re contracting out of jobs

SYDNEY

10.15 AM, MONDAY, 15 SEPTEMBER 2003

Continued from 25.08.03

Adjourned sine die

PN91

THE COMMISSIONER: Could I have the appearances, please?

PN92

MR D. HANCOCK: If it please the Commission, I appear for the Australian Workers Union, Port Kembla and Southern Highlands Branch.

PN93

MR B. O'DONNELL: I appear for the Australian Industry Group and with me is MR T. MOSS from MM Kembla Products.

PN94

Before we start, Commissioner, there are just a couple of things. I might indicate that the parties had some discussions prior to the commencement. it doesn't seem likely that there's any real opportunity for the matter to be resolved between the parties. There are a couple of things that we think need to be established before any arbitration commences.

PN95

The first thing is that the company is prepared to give a commitment that it will accept the Commission's determination of this matter, whatever that decision might be, but we're not prepared to proceed with an arbitration until such time as we have a clear indication from the AWU that they, on behalf of their members and the union, are also prepared unequivocally to accept any determination that you make, whatever the outcome might be on this.

PN96

A second issue - and I think I foreshadowed that in the cover sheet of the submission and the statements that were forwarded to you on Friday - is that all we have are some witness statements that don't indicate specifically what is the issue that the union is seeking the Commission to determine. We anticipate that it relates to the manner in which the company utilises contractors but we just need to be clear about that as well before we progress.

PN97

THE COMMISSIONER: Yes, thank you. Mr Hancock, Mr O'Donnell has asked for a commitment on the record that the union, no matter what it is, will accept my decision in respect to this arbitration. Are you able to give that commitment?

PN98

MR HANCOCK: Yes, the union and employees will give that commitment, Commissioner.

PN99

THE COMMISSIONER: Secondly, in respect to the directions I gave, Mr O'Donnell has indicated that you have given them copies of some witness statements but have omitted, I imagine what he means is, to give an outline of submissions. I haven't got any of those documents; I have the company's ones but I haven't got the union's ones - maybe you forgot to send them to me.

PN100

MR HANCOCK: Maybe it's my inexperience, Commissioner. I believed, after the 25th when we had our first discussions - it states that you want evidence plus statements and that's what I thought - - -

PN101

THE COMMISSIONER: Yes, and an outline of submissions. All right. Well, perhaps, for the record, you might tell Mr O'Donnell what your claim is.

PN102

MR HANCOCK: The claim that the union and its members are making is that, due to notification of contract and its procedure was not followed, that led to a dispute which we believe could have been solved by the existing dispute procedure, which was not followed either.

PN103

THE COMMISSIONER: Yes; and is it your opinion that what Mr O'Donnell has told me is correct, that there is little likelihood of settlement of this matter if the parties were to have further talks together?

PN104

MR HANCOCK: If we have further talks and decided on the procedure, which is an agreed procedure, then, yes, we could solve it.

PN105

THE COMMISSIONER: Well, do you think, Mr O'Donnell, if I were to leave the parties for an hour - - - ?

PN106

MR O'DONNELL: We should probably, in much less time than that, be able to know whether we're going to get anywhere - perhaps just half an hour.

PN107

THE COMMISSIONER: Well, my associate can give you the extension number and you can ring my chambers and I'll be only too willing to come back and arbitrate the matter. I would simply say to both parties that it will be better for them if they could reach some sort of settlement because it's been my experience that neither side ends up happy with an arbitrated decision in these circumstances. The Commission stands adjourned.

SHORT ADJOURNMENT [10.12am]

RESUMES [1.05pm]

PN108

THE COMMISSIONER: Yes, gentlemen? Mr O'Donnell?

PN109

MR O'DONNELL: Thank you, Commissioner. I'm pleased to report that the parties have been able to resolve the issues that were the subject of this notification before you and I would like to hand up a copy of a document which simply sets out the terms that are agreed. I would like to read that onto the transcript.

PN110

THE COMMISSIONER: Yes, Mr O'Donnell.

PN111

MR O'DONNELL:

PN112

The parties are agree that the process set out in the EBA re utilising contractors will be followed:

PN113

1 This incudes that the notification of contractor form will be utilised with the contractor name, the work to be done, the dates and where possible the numbers and classifications of contractor employees to be utilised;

PN114

2 The company will determine the priorities of work to be undertaken and availability of employees;

PN115

3 Where there is any dispute about the above the EBA dispute procedure will be followed;

PN116

4 The agreed supplier list will he updated by the company to include SES or any other contractors proposed to be used. The updated list will be posted on the noticeboard.

PN117

That's the substance of the agreement that's been reached, Commissioner.

PN118

THE COMMISSIONER: Is that your understanding, Mr Hancock?

PN119

MR HANCOCK: Yes, Commissioner.

PN120

THE COMMISSIONER: All right.

PN121

MR HANCOCK: Also, Commissioner, I would just like to ask the Commission if it could recommend that the witnesses be paid for today as we believe that our disagreement could have been settled between us.

PN122

THE COMMISSIONER: Well, I have no problem of recommending to the company that, seeing the matter has been resolved, they consider paying the witnesses for today. I make that recommendation but I can't force the company to do it. I'll attach the agreed settlement of this matter to the file and it will become part of the file. Thank you, gentlemen. The Commission stand adjourned.

ADJOURNED INDEFINITELY [1.07pm]