AG2003/673, Transcript of Proceedings [2003] AIRCTrans 4616 (16 October 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2003/673

APPLICATION FOR CERTIFICATION OF AGREEMENT

Application under section 170LK of the
Act by Halikos Roofing (AUST) Proprietary
Limited for certification of Halikos
Roofing (AUST) Proprietary Limited
Roofers Certified Agreement 2003

DARWIN

10.30 AM, WEDNESDAY, 1 OCTOBER 2003

PN1

THE DEPUTY PRESIDENT: Could I take appearances please?

PN2

MS S. DENNINGTON: If it please the Commission, I am with the Territory Construction Association and I appear for our member Halikos Roofing (AUST) Proprietary Limited.

PN3

THE DEPUTY PRESIDENT: Thank you.

PN4

MS DENNINGTON: I am accompanied by Shane Dignan the General Manager of Halikos Roofing and by Graeme O'Halloran the employees representative.

PN5

THE DEPUTY PRESIDENT: Thank you. I have a number of questions, so is it perhaps easier if I start questioning you?

PN6

MS DENNINGTON: No, that is fine.

PN7

THE DEPUTY PRESIDENT: And then we can take it from there. As you're aware, I have to be satisfied that the agreement passes the no-disadvantage test and hopefully most of my questions are merely clarification. I've got so many now I've forgotten where to start. Clause 7, the wage rates and scheduled wage increases. It says that 7.1 are the relevant wage rates. I don't have a problem with that. Appendix 1. 7.2 says that the hourly rates for years 2 and 3 will rise in line with the most recent available CPI figures. What does that mean? Does that mean now, does that mean each CPI for the duration?

PN8

MS DENNINGTON: Basically, on an annual basis the annual CPI figures will increase the wage rates appropriately.

PN9

THE DEPUTY PRESIDENT: So there is an increase each year for all of the classifications and based on the CPI?

PN10

MS DENNINGTON: Yes.

PN11

THE DEPUTY PRESIDENT: I'll try and sort of follow it through in some logical sequence, but I don't promise it.

PN12

MS DENNINGTON: No. That is fine.

PN13

THE DEPUTY PRESIDENT: Clause 9 is hours of work and it talks about 38. Clause 10 talks about overtime. When does overtime kick in? Is it after 38 hours in a week, or is it on some sort of daily basis?

PN14

MS DENNINGTON: The employees are actually paid a flat overtime rate.

PN15

THE DEPUTY PRESIDENT: Yes. I know the rate doesn't change.

PN16

MS DENNINGTON: Yes. It would kick in after 38 hours.

PN17

THE DEPUTY PRESIDENT: All right. They are just being paid for the hours they work, basically.

PN18

MS DENNINGTON: Yes.

PN19

THE DEPUTY PRESIDENT: It is not overtime in the traditional sense.

PN20

MS DENNINGTON: Yes.

PN21

THE DEPUTY PRESIDENT: The perennial. The dispute settlement procedure. We get to the last two sub clauses

PN22

that either party may refer it to the Commission

PN23

after attempts at mediation of course.

PN24

Should either party wish to confer the matter to the Commission, then the other party must be notified in writing of its intention.

PN25

I'm not too sure why that is necessary but that is beside the point. Once you get here what do you want the Commission to do other than fix i?.

PN26

MS DENNINGTON: No, that is fine. I understand that it would be a binding decision obviously from the Commission, after conciliation conferences.

PN27

THE DEPUTY PRESIDENT: Conciliation first. If that can't settle it both parties would accept a decision of the Commission. Chances are it will never get here but for obvious reasons that you would be well aware of we need to clarify that.

PN28

MS DENNINGTON: Yes.

PN29

THE DEPUTY PRESIDENT: Now, the other difficulty I had was working out how the rates of pay are made up. Certainly the rates in appendix A are conclusive of a whole lot of things and to enable me to do the no-disadvantage test, I need some sort of breakdown formula. Have you got something?

PN30

MS DENNINGTON: Did you receive the actual calculation sheets that were submitted with the paperwork?

PN31

THE DEPUTY PRESIDENT: No.

PN32

MS DENNINGTON: I've got a copy here.

PN33

THE DEPUTY PRESIDENT: Have you?

PN34

MS DENNINGTON: Yes. This is the - I've got some notes on it because unfortunately the tool allowance rate rose just prior to the ballot, so the apprentices - - -

PN35

THE DEPUTY PRESIDENT: Don't you just love that?

PN36

MS DENNINGTON: - - - rate, which has only affected the apprentices, but the rounding basically didn't affect the actual rates and the no-disadvantage tests.

PN37

THE DEPUTY PRESIDENT: I could have saved myself half a day.

PN38

MS DENNINGTON: I'm sorry. I did actually enclose that with the papers.

PN39

THE DEPUTY PRESIDENT: It could be somewhere. All right. So this gives me exactly what I want.

PN40

MS DENNINGTON: Yes.

PN41

THE DEPUTY PRESIDENT: No other questions?

PN42

MS DENNINGTON: Could we just put on the record as well, at this point, with those no-disadvantage tests is that the rates were based on a 45 hour week and basically the years preceding the first certified agreement and the years during the certified agreement, the records have shown that a 45 hour week is the maximum average number of hours done by employees of the organisation.

PN43

THE DEPUTY PRESIDENT: Mr O'Halloran, I'm allowed to interrogate you and ask you all sorts of questions. You represented the employees, did you on your own, or with some others in the negotiation of the agreement?

PN44

MR O'HALLORAN: Yes.

PN45

THE DEPUTY PRESIDENT: You understand fully the terms of the agreement. What it means, what you're entitled to and what your obligations are?

PN46

MR O'HALLORAN: Yes.

PN47

THE DEPUTY PRESIDENT: And you're also satisfied that the other employees understand what they've signed up to?

PN48

MR O'HALLORAN: Yes.

PN49

THE DEPUTY PRESIDENT: And you can assure me that none of you were put under any duress or taken away and locked up in a room somewhere and told not to come out until you've reach agreement?

PN50

MR O'HALLORAN: Yes.

PN51

THE DEPUTY PRESIDENT: And I take it this is not the first agreement anyway, so you're an old pro at this. The responses to the queries that I raised have satisfied my curiosity and clarified the areas that I wasn't too sure about, so I'm satisfied that the agreement can be certified.

PN52

Accordingly, this is an application pursuant to section 170LK of the Workplace Relations Act for Certification of an Agreement to be known as the Halikos Roofing (AUST) Proprietary Limited Roofers Certified Agreement 2003. The parties to the agreement are the company and those employees covered by the classifications found in the agreement. The parties have provided the necessary statutory declarations and have clarified the queries that I raised and I'm satisfied that the requirements of the Act have been met.

PN53

Accordingly, the agreement will be certified. It comes into effect from today's date and remains in force for a period of three years from that date.

PN54

I wish you well with that agreement.

ADJOURNED INDEFINITELY [10.38am]