D2001/21, Transcript of Proceedings [2003] AIRCTrans 90 (9 January 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N VT1169
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

D2001/21

APPLICATION UNDER SECTION 204(1)
OF THE ACT BY AUTOMOTIVE, FOOD,
METALS, ENGINEERING, PRINTING
AND KINDRED INDUSTRIES UNION
FOR CONSENT TO ALTER ELIGIBILITY
RULES RE RULE 1G

OBJECTIONS THERETO

MELBOURNE

12.33 PM, WEDNESDAY, 18 DECEMBER 2002

Continued from 28.11.02

THIS HEARING WAS CONDUCTED BY VIDEO CONFERENCE IN MELBOURNE

PN101

MR A. KENTISH: I appear for the AMWU in Sydney.

PN102

MS S. BELLINO: I appear on behalf of the Australian, Liquor, Hospitality and Miscellaneous Workers Union.

PN103

MR D. PERKINS: I appear for the CPSU.

PN104

THE SENIOR DEPUTY PRESIDENT: In Melbourne.

PN105

MS. S. BURNLEY: I appear on behalf of the Shop, Distributive and Allied Employees Association.

PN106

THE SENIOR DEPUTY PRESIDENT: In Western Australia, in Perth.

PN107

MR P. ROBERTSON: I appear on behalf of members of the Chamber of Commerce and Industry here in Western Australia who are affected by this matter.

PN108

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Kentish, what is the position with the matter? I can indicate I have received correspondence from the National Union of Workers this morning indicating that its objection has been settled and is to be withdrawn. Can you tell me what, generally, is happening?

PN109

MR KENTISH: Yes, by way of report back, your Honour, the AMWU has been able to reach agreement with a number of the objects in this matter. That agreement involves the objectors withdrawing their various objections on the basis that the AMWU press only that part of its application that relates to the coverage of production employees at Ingham's Enterprises Pty Ltd at Osborne Park in Western Australia and its successor entities. While still within the coverage of the original application we are limiting the application in terms proposed by the AMWU ..... of the scope of - - -

PN110

THE SENIOR DEPUTY PRESIDENT: Mr Kentish, you seem to be dropping out slightly. Could you direct yourself to the microphone.

PN111

MR KENTISH: Oh, yes, I apologise, your Honour. Would your Honour like - - -

PN112

THE SENIOR DEPUTY PRESIDENT: You were indicating that the objections - or various objectors have been settled on the basis of the union limiting itself to the coverage of production workers at Osborne Park - Ingham's Enterprises operation at Osborne Park.

PN113

MR KENTISH: Thank you, your Honour. Your Honour, I have sent to the Commission this morning the form of words proposed by the AMWU to meet the concerns of the objectors. The document is headed:

PN114

Attachment A, amendment to AMWU rules to cover production employees at Osborne Park, WA.

PN115

I ask if the Commission is in receipt of that document?

PN116

THE SENIOR DEPUTY PRESIDENT: Yes, I have that.

EXHIBIT #AMWU1 ATTACHMENT A AMENDED TO AMWU RULES TO COVER PRODUCTION EMPLOYEES AT OSBORNE PARK

PN117

MR KENTISH: If it pleases, thank you. Your Honour, it is the AMWUs - it is the AMWUs understanding that the union's adoption of the form of words in AMWU1 will be sufficient to have the majority of objectors withdraw their objections. On that basis the AMWU will be seeking that the Commission consents to the following alteration of the union's rules by inserting the words, and subject to sub-rule 1G(b)(a), immediately after the words - open bracket - without restricting the interpretation of the foregoing into sub-rule 1G(b) and by inserting a sub-rule 1G(b)(a) as follows:

PN118

Without limiting the foregoing in the State of Western Australia the union shall also consist of persons employed as production employees in the poultry processing industry in Ingham's Enterprises Pty Ltd situated as at 14 September 2000 in Baden and Powell Streets, Osborne Park or at such other location or locations at which the said enterprise at Osborne Park my subsequently be carried out. In this paragraph Ingham's Enterprises Pty Ltd includes its successors, assignees, transmittees or any purchaser of the whole or and part of its business. The persons identified in sub-rule 1G(b)(a) shall not include (i) persons involved in the inspection, regulation, research or policy development in or in connection with the poultry industry in Western Australia.

PN119

Your Honour, in adopting these words I can also advise that the AMWU does not intend to press for the current application to delete the reference to Western Australia from sub-rule 1G(b) as indicated in the original application. Your Honour, subject to the restriction in sub paragraph (b)(a)(i) which is of a minor nature, the alterations would in effect exactly mirror the coverage which the AMWU achieved in its Western Australian branch rules as contained in an order made by the Western Australian Industrial Relations Commission on 29 September 2000.

PN120

The reference for that order, your Honour, is 2000/WAIRC00769. The wording was - that wording was discussed in the decision of Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of workers, Western Australian branch, 2000/WAIR204. For the reference of the Commissioner I have faxed both a copy of that order and the decision. Your Honour, I also wish to confirm on transcript for the benefit of Mr Robertson of the Chamber of Commerce and Industry and his members, that the AMWUs extended coverage would only apply to employees working in West Australia.

PN121

Your Honour, I should also add, that notwithstanding a substantial narrowing of coverage, the AMWU, nevertheless, reserves its right under the Workplace Relations Act to bring a later and separate application under section 104 which may seek to cover some or all of the workers identified in its original application. No arrangement has been entered into that would prevent or restrict the AMWU from bringing such an application in the future. Your Honour, at this stage, it might be a good idea, if perhaps, we heard from the other parties.

PN122

THE SENIOR DEPUTY PRESIDENT: Yes, well, as I say, I can confirm I have received correspondence from the NUW confirming settlement - settlement of its objection in the terms that you have just outlined, Mr Kentish. Ms Bellino?

PN123

MS BURNLEY: May it please the Commission, your Honour, we can confirm that the ALHMWU has received all the correspondence Mr Kentish has referred to, in particular AMWU1. That has been sent to the state secretary of the Western Australian branch of the ALHMWU and I have received correspondence that that does settle the ALHMWUs objection with respect to this matter. And as such, we would formally withdraw any objection from the ALHMWU in relation to this application. May it please the Commission.

PN124

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Perkins.

PN125

MR PERKINS: Thank you, your Honour. I can also confirm the rule - provision in exhibit AMWU1 satisfies the objection of the CPSU and we would seek to withdraw our objection.

PN126

THE SENIOR DEPUTY PRESIDENT: Ms Burnley?

PN127

MS BURNLEY: Yes, your Honour, the SDA, at this stage, is still objecting to the rule change proposed by the AMWU. On 12 December the SDA did receive some correspondence from the AMWU attempting to address the SDA concerns. At this stage those concerns still exist, and given the time, we haven't been able to have all the internal discussions within the SDA in order to, hopefully, come to a resolution. So at this stage our objection still stands to the rule change sought by the AMWU. If it pleases the Commission.

PN128

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Mr Robertson?

PN129

MR ROBERTSON: Thank you, your Honour, I have received correspondence from Mr Kentish dated 18 December. That correspondence by facsimile includes AMWU1. At this stage, your Honour, having just returned to work this morning, I have not had an opportunity of consulting with our members, particularly with Ingham's, in relation to what is now proposed by the AMWU. And to that end, at this stage, we would still maintain our objection until such time as I can have those discussions with our members and get back to Mr Kentish in relation to our position.

PN130

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Kentish, what do you say should happen with this matter now?

PN131

MR KENTISH: Your Honour, we would seek the appropriate programming of these matters, perhaps taking into account the Christmas break, as well as the likelihood that perhaps the matters may still be settled and the objections withdrawn. So we would be seeking a programming, perhaps, for some time in March for evidence and submissions.

PN132

THE SENIOR DEPUTY PRESIDENT: Does anyone else wish to comment on that? Well, what I propose to do is to issue directions in relation to the further processing of the matter. They will take into account the possibility that further, at least, internal discussions, amongst what appear to be the two outstanding objectors, may bring about settlement of their objections. But if they don't, I think in fairness to the applicant, it is entitled to have the matter progressed. And I will issue directions which will have the effect of requiring any outstanding objector to file its material by 28 February of next year.

PN133

The applicant will have until 28 March to file its material. And the matter will again be listed at 12.30 pm Melbourne time on Friday 4 April 2003 at which time I would expect to - if there are outstanding matters, outstanding objections - to program hearing dates, and if necessary, make any further directions in relation to any other material that might be required to be filed and served. Those formal directions will be issued as soon as possible and forwarded to the parties. Is there anything else for the record at this stage.

PN134

MR KENTISH: No, thank you, your Honour.

PN135

THE SENIOR DEPUTY PRESIDENT: If not, the matter is formally adjourned until 12.30 pm on Friday 4 April 2003 at which time we will continue to do it by way of video conference to Sydney and Perth. The matter is adjourned on that basis. The Commission is adjourned until 1 pm.

ADJOURNED UNTIL FRIDAY, 4 APRIL 2003 [12.48pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AMWU1 ATTACHMENT A AMENDED TO AMWU RULES TO COVER PRODUCTION EMPLOYEES AT OSBORNE PARK PN117