C2003/6004, Transcript of Proceedings [2003] AIRCTrans 5134 (19 November 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N 5203

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

C2003/6004

AUTOMOTIVE, FOOD, METALS,
ENGINEERING, PRINTING AND
KINDRED INDUSTRIES UNION

and

ACI OPERATIONS PTY LIMITED
trading as ACI MOULD MANUFACTURING

Notification pursuant to section 99 of the Act
of an industrial dispute re application of the
8-hour shift roster

MELBOURNE

11.07 AM, WEDNESDAY, 5 NOVEMBER 2003

PN1

MS K. WILD: I appear for the AMWU and with me is MR T. MAVROMATIS and delegates from the shop floor.

PN2

MR R. MARASCO: I am from the Australian Industry Group acting on behalf of ACI Mould Manufacturing. With me is MR I. NIEUWHOF, MR P. VINE AND MR M. MIMMITI.

PN3

THE COMMISSIONER: Last time the matter was before the Commission I think the parties were to have some discussions to see whether or not they could resolve their differences. Who would like to lead off, please? Yes, Mr Mavromatis?

PN4

MR MAVROMATIS: We have failed to have discussions. I've been trying to organise a meeting with the company. The company's statements were that to get to Hawthorn and run it past them. What we have received is a fax by the company saying that they will pay certain things. It is not all things that we are looking for. It is saying they will pay the annual leave on 8 hours but to be based on 140 hours per year. They also state that they won't deduct the 22.2 for the accumulation of the RDO and we will need to resolve that.

PN5

Same as the sick leave provision, they have agreed now to pay the 8 hours for the sick leave for each day taken, 64 hours per annum, that is fine but we still need to clarify the deduction of the 22.2 towards an RDO. Public holidays, same thing. They are saying they will pay the 8 hours at single time for the public holiday but not addressing our issue on deducting the 22.2 towards an RDO. So as far as getting agreement in place we haven't reached an agreement in place. We haven't had a meeting with the company. All we've had is a fax saying that this is what they will agree to pay and we will need to sit down and try and reach an agreement with the company.

PN6

THE COMMISSIONER: Right. Mr Marasco?

PN7

MR MARASCO: Commissioner, yes, I believe you have a copy of that fax as well that was faxed to you directly by the company?

PN8

THE COMMISSIONER: Yes.

PN9

MR MARASCO: That sets out clearly the company's position in relation to the issues that are still in dispute between them.

PN10

THE COMMISSIONER: So how would the parties like to deal with it?

PN11

MR MAVROMATIS: Well, Commissioner, we would like to sit down and have a meeting with the company and thrash out any issues and try and reach an agreement with them. That is what we would like to do.

PN12

MR MARASCO: If the Commission pleases, we would like to go into conference to discuss these matters with you further.

PN13

THE COMMISSIONER: Are you sure? I mean, is there enough consensus over that? All right, we will go into conference then.

SHORT ADJOURNMENT [11.11am]

RESUMED [12.05pm]

PN14

THE COMMISSIONER: In these matters the Commission has had a conference with the parties arising from that conference. There appeared to be three outstanding issues. One was the application of the sick leave. It has been agreed between the parties that on the application of sick leave there will be 8 hours at the sick leave rate but 22.2 minutes of that would go towards the accumulation of an RDO. As from today that process will apply. The union has raised an issue of people that have been paid less than the 8 hours pay up until today. If that is the case then it is the Commission's understanding that they will be reimbursed the difference between what they were paid and the 8 hours but the accumulation towards the RDO will be effective from today's date.

PN15

In regards to the annual leave there's still no agreement on that issue. The union has indicated that they wish to take that matter away for further consideration by themselves. In regards to the superannuation, again there is no issue on the application of the superannuation as it applies to the overtime hours. The Commission has indicated that in its view it would recommend that the union contact the appropriate body that administers the superannuation guaranteeing levy setting out the history of the payment of superannuation at the Box Hill site and the current practice implemented by the company and seek an opinion.

PN16

Depending on that opinion the parties - or in that matter the union is free to have the matter re-listed back before the Commission if they think that the Commission can be of some assistance and that would apply to the annual leave issue as well if that is still an outstanding issue. Is that okay?

PN17

MR MAVROMATIS: Public holidays.

PN18

THE COMMISSIONER: Public holidays, what about public holidays?

PN19

MR MAVROMATIS: We've agreed to pay 8 hours as like the sick leave.

PN20

THE COMMISSIONER: Is that right? Public holidays issue, the company has agreed to pay the 8 hours on a similar basis as that of the sick leave issue.

PN21

MR MIMMITI: Correct.

PN22

THE COMMISSIONER: All right. No further business, the Commission will stand adjourned. Thank you very much.

ADJOURNED INDEFINITELY [12.07pm]