AG2003/7847, Transcript of Proceedings [2003] AIRCTrans 4845 (31 October 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

AG2003/7847

APPLICATION FOR CERTIFICATION OF AGREEMENT

Application under section 170LJ of the Act
by Qantas Airways Ltd and Another for
certification of the Licensed Aircraft Engineers
(Qantas Airways Limited) Enterprise Agreement
VI [2003]

SYDNEY

9.35 AM, FRIDAY, 17 OCTOBER 2003

PN1

MR D. MILLS: I appear for Qantas Airways Limited, Commissioner.

PN2

MR C. RYAN: I appear for the Australian Licensed Aircraft Engineers Association, if the Commission pleases.

PN3

THE COMMISSIONER: Yes. Who wants to go first?

PN4

MR MILLS: May it please the Commission. This is an application made by the company under section 170LJ of the Act for certification of the Qantas Airways - censed Aircraft Engineers (Qantas Airways Limited) Enterprise Agreement VI. With the application were two statutory declarations filed, one on behalf of Qantas Airways Limited by Ms Sue Bussell, the general manager industrial relations, and by Mr Ryan on behalf of the Australian Licensed Aircraft Engineers Association. More importantly, the statutory declaration indicates that there was a valid majority of employees who voted up the agreement. The vote was conducted by an independent third party. That independent third party indicated that an overwhelming majority of employees endorsed the EBA for certification.

PN5

There is an expiry date in the agreement. That is contained at clause 3. The expiry date is to be 31 December 2004. Reference to a disputes procedure can be found or contained by referring to clause 4.2 of the agreement which picks up agreements past and carries those agreements over unless there be any inconsistency in relation to the disputes procedures. There is no inconsistency contained with the agreement the Licensed Aircraft Engineers (Qantas Airways Limited) Enterprise Agreement seeks, and the appropriate disputes procedure clause is contained in both EBA V, repeated in what is colloquially referred to as EBA IV and EBA III would have carry on into this agreement and, subject to what Mr Ryan says, that is the position that both parties will apply and, should we appear before you, we will refer to clause 4.2 as, in effect, the bridge to the appropriate disputes procedure that would apply in this particular case.

PN6

Can I go further? This agreement does end a bargaining period. The bargaining period is effectively BP2003/1159. That is contained within the statutory declaration. The parties have two letters that they would like to hand up - the company would like to hand up, which should go on the file that, whilst not forming part of the enterprise agreement, are acknowledged as being part of the agreement itself. Copies of those letters have been provided to the Australian Licensed Aircraft Engineers Association.

PN7

The first letter which should have in the top left-hand corner reference 03DM441 - - -

PN8

THE COMMISSIONER: Which will be exhibit QF1.

EXHIBIT #QF1 LETTER REFERENCE 03DM441

PN9

MR MILLS: QF1 refers to an agreement to increase quota levels at the top end of the Licensed Aircraft Engineers classification structure. Reference number 03DM442 - - -

PN10

THE COMMISSIONER: Which is exhibit QF2.

EXHIBIT #QF2 LETTER REFERENCE 03DM442

PN11

MR MILLS: - - - refers to the appropriate wage adjustment for employees who are required to undertake licensed engineering duties on customer aircraft. We would say, Commissioner, that in light of the statutory declarations and in light of the commitments that have been made to you this morning by the company on transcript, that the agreement should be certified in accordance with the provisions of the Act.

PN12

May we also say, at this early stage of the proceedings, that the company would like to register its appreciation to the Commission for the Commission's efforts in relation to this matter over the last, shall we say, couple of months and that assistance has been greatly appreciated, and can we also thank the ALAEA for the most recent efforts to finalise this matter in a way which is satisfactory to all parties. Subject to any questions the Commission may have, may it please the Commission.

PN13

THE COMMISSIONER: Thank you, Mr Mills. Yes, Mr Ryan?

PN14

MR RYAN: Commissioner, the ALAEA supports the submission of the company, of Qantas, in this matter and perhaps I could just take the opportunity to reinforce and amplify maybe some comments that have been made. Certainly, it is the position of the ALAEA that with regards to the disputes settling procedure, the clause 4.2 in EBA VI refers to and picks up previous agreements, most notably EBA V and EBA IV, and these documents contain the disputes settling procedure in detail which is called up by that clause but would be the operating disputes settlement procedure with regard to any matter in dispute which arises between the parties with regard to this agreement.

PN15

Commissioner, the application submitted by Qantas was accompanied by statutory declarations. The statutory declaration provided by the Australian Licensed Aircraft Engineers Association detailed the process that was followed with regard to the conduct of the seeking of the approval of the employees who would be affected by the agreement. Those matters are detailed in the document in part VI and it is the ALAEAs submission, Commissioner, this morning that the requirements of the legislation with regards to the 14 day period being made available to the employees were met.

PN16

There is also detail there about the manner in which employees were able to raise questions and the meetings that occurred during the period prior to people expressing their view as to whether they approved of the proposed agreement or not. Those matters are set out in the statutory declaration provided by both Qantas and the ALAEA attached to the application, Commissioner.

PN17

Could I also say in conclusion, I would echo and certainly reinforce from the ALAEAs perspective, want to place on the record our appreciation as an organisation for the active and patient role the Commission played at various phases during this quite protracted exercise in reaching agreement. I would say that without the active and interested participation of the Commission, we would have had a very difficult task ahead of us in achieving the agreement that is before you today for certification. So on behalf of the Association and its members bound by this agreement, I would place that appreciation on record today, if I may, Commissioner. That concludes the submission of the ALAEA.

PN18

THE COMMISSIONER: Yes, thank you. Do I take it that QF1 and QF2 are correspondences that you agree with?

PN19

MR RYAN: Commissioner, yes, sorry, I neglected to detail those. Certainly, with regards to QF1 and QG2, which is correspondence from Qantas to the Association dated 16 October. They are matters related to the operation of the agreement and, certainly, with regard to those, they are agree matters between the ALAEA and the company.

PN20

THE COMMISSIONER: Yes, thank you. This is an application to have certified an agreement that is to be known as the Licensed Aircraft Engineers (Qantas Airways Limited) Enterprise Agreement VI [2003]. The parties to the agreement are Qantas Airways Limited and the Australian Licensed Aircraft Engineers Association. On the basis of the submissions and documentation, the Commission is satisfied that all the requirements of the Act and of the Rules of the Commission have been complied with. Consequently, the agreement will be certified. It will come into force from 17 October 2003 and remain in force until 31 December 2004.

PN21

On that basis, these proceedings are now adjourned. Thank you.

ADJOURNED INDEFINITELY [9.45am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #QF1 LETTER REFERENCE 03DM441 PN9
EXHIBIT #QF2 LETTER REFERENCE 03DM442 PN11