C2003/1226, Transcript of Proceedings [2003] AIRCTrans 851 (18 March 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 VT10241

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C2003/1226

DIAMOND POWER (AUSTRALIA PTY LIMITED

AND

COMMUNICATIONS, ELECTRICAL, ELECTRONIC,
ENERGY, INFORMATION, POSTAL, PLUMBING
AND ALLIED SERVICES UNION OF AUSTRALIA
and OTHERS

Notification pursuant to section 99 of the Act of a
dispute re withdrawal of labour

MELBOURNE

11.04 AM, THURSDAY, 27 FEBRUARY 2003

PN1

MR J. HOY: I am from the Australian Industry Group, on behalf of Diamond Power; with me I have MR I. GREEN.

PN2

MS K. WILD: I appear on behalf of the Australian Manufacturing Workers Union, and I have also been asked to put in an appearance on behalf of the CFMEU.

PN3

THE COMMISSIONER: Yes. Yes, Mr Hoy.

PN4

MR HOY: Thank you, Commissioner. Commissioner, as indicated in our notice to the Commission this matter has arisen out of a stoppage of work that occurred in the power industry on 25 February. Commissioner, management first became aware at approximately 8.00 am on Tuesday, the 25th, that there was to be a stopwork at 10 o'clock that day. Management were informed that it would be a mass meeting of all contractor employees in the power industry to discuss the campaign 2003.

PN5

At the stopwork meeting some 20 employees from the maintenance area of Diamond Power at Hazelwood attended. There were five from Loy Yang. And eight installation employees also from Hazelwood. At approximately one o'clock the Company was told that the employees would not be returning until the next day, 26 February. Commissioner, the Company has been attempting to negotiate with its employees for the next enterprise agreement. There is an agreement in place that expires on 31 March this year.

PN6

At clause 12 of that agreement there was a re-negotiation clause that requires the parties to commence negotiation for a new agreement within a minimum period of three months prior to the expiry date. The Company has had two meetings with employees - sorry, with shop stewards representing the employees. I have not been able to progress very far. I wrote to the employees on 18 February asking for a list of issues to be discussed. That was not provided prior to the stoppage taking place.

PN7

Since the stoppage, management met with the shop stewards the next day. The stewards tabled a log of claims headed, The Victorian Metal Trades Federation of Unions Shop Stewards Claim, and there was also attached to it a power industry log of claims. Now, the Company, Commissioner, is quite prepared to enter into negotiations and has been attempting to do so. The action that was taken by its employees was not protected action. We are of the belief, Commissioner, that the action being taken is an attempt to negotiate an industry agreement. We would say that that is in breach of the Workplace Relations Act; in particular, the recent genuine bargaining amendment bill.

PN8

We would seek a direction from the Commission that the employees of Diamond Power do not take any unprotected industrial action, in that pursuing an enterprise bargaining agreement they act in accordance with the provisions of the Act and do not engage in any unprotected action. If the Commission pleases.

PN9

THE COMMISSIONER: Thank you. Ms Wild.

PN10

MS WILD: Thank you, Commissioner. There is no further industrial action planned, or threatened, or happening at this stage. There is meetings proposed for 19 and 20 March with Alstom which Fluor was invited to this morning to attend. And Diamond Power would also be more than welcome to attend those meetings to try and pursue further the negotiations in regards to the log of claims that was endorsed at the mass meeting held on Thursday. In relation to the directions, Commissioner, we ask that they not be issued because there is no further threat of withdrawal of industrial action.

PN11

THE COMMISSIONER: Yes, Ms Wild. Anything further, Mr Hoy?

PN12

MR HOY: Commissioner, whilst there might be no immediate threat of industrial action, it would be our belief that, based on past experience, we can expect industrial action and, whilst the Act does provide for industrial action to be taken in an enterprise bargaining negotiation, there are certain requirements that have to be met and we would ask that the Commission direct that those requirements be met. If the Commission pleases.

PN13

THE COMMISSIONER: I find it amazing that today there are three matters before the Commission about Hazelwood power station and its contractors and their employees. I also find it amazing that a meeting was allegedly arranged on 12 hours notice by delegates. That almost beggars belief. I have been around a long time and I don't believe in fairy stories. I am aware you have been instructed, Ms Wild, and I will leave it at that.

PN14

Pursuant to section 111(1)(t) of the Workplace Relations Act, the Commission directs that the employees of Diamond Power, subject of this notification, shall not indulge in any further unlawful industrial action in breach of the enterprise bargaining agreement that is in place and that breaches the Workplace Relations Act. If unions and their members want to bargain with the employers, there are procedures to be followed. Those procedures are to be followed.

PN15

In the event that people are determined to wander off down their own little path and continually breach the provisions of the EBA and of the Act when further notifications about these issues are brought before the Commission, the Commission would expect there be ways of other sections of the Act other than section 99. Do you have any comment, Mr Hoy?

PN16

MR HOW: No, Commissioner. I thank you for that.

PN17

THE COMMISSIONER: Ms Wild?

PN18

MS WILD: No, Commissioner, thank you.

PN19

THE COMMISSIONER: The Commission is adjourned. Good morning.

ADJOURNED INDEFINITELY [11.11am]