AG2003/7349, Transcript of Proceedings [2003] AIRCTrans 4560 (13 October 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BARTEL

AG2003/7349

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LS of the Act
by Automotive, Food, Metals, Engineering, Printing
and Kindred Industries Union-South Australian Branch
and Another for certification of the Visy Industries
Gepps Cross/Berri Enterprise Agreement 2003

ADELAIDE

10.49 AM, FRIDAY, 26 SEPTEMBER 2003

PN1

MS J. SMITH: With me is the union delegate MR K. FINDLAY and we appear for the union. Thank you.

PN2

MR T. KANE: I am, State Manager of Visy and MR G. PALMER, Production Manager of Visy. Thank you.

PN3

THE COMMISSIONER: Yes, Ms Smith.

PN4

MS SMITH: Yes, Commissioner, this is an application for an enterprise agreement under division 3. Can I assume that you have read these statutory declarations and the applications or would you like them?

PN5

THE COMMISSIONER: Yes. I have read all of that. The only question I had in relation to the stat dec is that it indicates - I think it was the - yes, the union's stat dec indicates that the agreement settles a bargaining period?

PN6

MS SMITH: That is correct.

PN7

THE COMMISSIONER: The number for the bargaining period is the same as that cited as the original dispute notification.

PN8

MS SMITH: They have cited at the wrong bargaining period?

PN9

THE COMMISSIONER: I imagine so because it is a 2000 date and I would have thought the bargaining period has not been in operation for 3 years.

PN10

MS SMITH: I will need to get instructions and I can advise the Commission of the correct one.

PN11

THE COMMISSIONER: That is right. Look, it won't hold up the process today.

PN12

MS SMITH: All right, yes.

PN13

THE COMMISSIONER: Perhaps if you could let us know the correct bargaining period number. Thank you.

PN14

MS SMITH: This agreement replaces an existing agreement but there are a few changes and I will just outline some of them. The wage increase in clause 6 is a 5 per cent in the first year and 4 per cent in the following year. However there is an agreement that any higher increase in the southern areas enterprise agreement will be passed on to this one in the second year and the regional secretary has asked me to state for the transcript that it is the union's view that this increase should be related to the site as part of the negotiation and not another site. However the union agree to settle to prevent further dispute in relation to this issue.

PN15

Clause 7 was also agreed between the parties in settlement of a dispute over wages and the purpose of this clause is to ensure that workers have an ability to increase their remuneration and this will be reviewed on a regular basis. Another change is that in clause 20 the maintenance department now works 40 hours per week and receive one rostered day off per month and there is also in this clause a 15 per cent shift allowance on all hours worked and this includes overtime as well.

PN16

THE COMMISSIONER: Sorry. So if you can just could explain that, so overtime is worked on a particular shift then the shift allowance is payable plus the overtime penalty?

PN17

MS SMITH: That is correct. The maintenance workers also agreed to forego 1 per cent of the first increase effective from one month after certification of the agreement, therefore they will be entitled to the full back pay before this period and after this period maintenance workers will be paid 4 per cent increase instead of the 5 per cent increase and the operative date for the agreement is 1 July 2003. Another change is in clause 29 there's now a heat policy included. This was trialled for one year in all areas covered by the agreement and fine tuning has occurred before this policy was included in the enterprise agreement.

PN18

Clause 11 there's improved bereavement leave provisions. This now grants 5 days leave for parents-in-law and grandchildren and 3 days leave for grandparents. The allowances in the agreement have also been increased. This includes for the fire warden but the meal allowance and the first aid allowance will be increased in accordance with the Graphic Arts Award 2000. Also the parties have agreed, it is not included in the agreement but they have agreed to a letter of understanding to allow the fathers and mothers of the chapel to visit the AMWU office in paid leave. This letter of understanding is - the life of this is for the life of the agreement, therefore it may be appropriate that I seek to tender this and have it marked as an exhibit for the purposes of transcript.

PN19

THE COMMISSIONER: Yes. No objection to this letter being admitted, it is headed letter of understanding dated 13 August?

PN20

MR KANE: No.

EXHIBIT #AMWU1 LETTER OF UNDERSTANDING DATED 13 AUGUST

PN21

MS SMITH: There's also new improved uniform allowances and carer's leave has been incorporated into the enterprise agreement and my instructions are that all of the requirements of the Act have been complied with. The enterprise agreement was provided to workers on Thursday 21 August 2003 and the ballot was conducted on Monday 15 September '03. There have been numerous feedback meetings by the company and the union with the workers. We request that the agreement be certified. Those are my submissions.

PN22

THE COMMISSIONER: Yes. Thank you. Can I just - just one question of clarification in relation to the maintenance employees in clause 20. It says - I'm just looking at the second paragraph from the bottom in clause 20, where it talks about the maintenance employees working afternoon shift receiving the 15 per cent on all hours worked and then talks about:

PN23

...in recognition of this, employees will forego 1 per cent of any increase agreed to in the first year of the agreement effective from the first full month after certification.

PN24

Just not clear what is effective from the first full month after certification.

PN25

MS SMITH: If that is certified today it will be 1 month today, so the time from July '03 to 1 month from today will be paid at 5 per cent and thereafter will be 4 per cent.

PN26

THE COMMISSIONER: Okay. That foregoing of the 1 per cent lasts for how long? Until the second increase comes through?

PN27

MS SMITH: Until the second increase comes through.

PN28

THE COMMISSIONER: Yes. Thank you for that, Ms Smith. Yes, Mr Kane, did you wish put any submissions to me about the agreement at all?

PN29

MR KANE: No. We are quite - - -

PN30

THE COMMISSIONER: I gather you are in agreement with it? Yes. Look having regard to the stat dec and the explanation of the union today and also the content of the proposed agreement, I'm satisfied that the application meets the statutory requirements pursuant to division 3 and division 4 of the Act and I therefore approve the application for certification on pursuant to section 170LT of the Act. I note the letter of understanding will form part of this file, that is the document marked exhibit AMWU1 in these proceedings today. The agreement will be binding on the parties set out in clause 2 of the agreement, being Visy Board Gepps Cross, Visy Board Berri and Fine Art Graphics at Gepps Cross and the employees employed under the parent awards as defined in the classifications - sorry, as defined in the agreement in the classifications eligible for AMWU membership and the AMWU.

PN31

The agreement will operate from the first pay period to commence on or after 1 July 2003 and will have a nominal expiry date of 30 June 2005 and a certificate will be issued to the parties in due course. Is there anything further?

PN32

MS SMITH: No, ma'am.

PN33

THE COMMISSIONER: Yes, thank you.

ADJOURNED INDEFINITELY [10.57 am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AMWU1 LETTER OF UNDERSTANDING DATED 13 AUGUST PN21