AG2003/10690, Transcript of Proceedings [2004] AIRCTrans 1040 (24 March 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 9826

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT MARSH

AG2003/10690

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ
of the Act by Qenos Pty Limited
and Others for certification
of the AWU/Qenos Botany Operations,
CFMEU/Qenos Utilities Botany
Operations Agreement 2003

SYDNEY

10.08 AM, FRIDAY, 5 MARCH 2004

Continued from 7.1.04

PN88

THE SENIOR DEPUTY PRESIDENT: Good morning, this matter is part-heard, any change in the appearances?

PN89

MR N. ALLEN: If your Honour pleases, I appear on behalf of the AWU.

PN90

MS L. USHER: If your Honour pleases, I appear on behalf of the CFMEU.

PN91

MR T. CAPELIN: Your Honour, my appearance hasn't changed but the people with me have, they are MR J. AIKTEN who is the HR Manager, Operations from Qenos who is with me and MR D. ORAM who is the Botany Polythene Operations Manager.

PN92

THE SENIOR DEPUTY PRESIDENT: Yes.

PN93

Have you got carriage of this matter this morning?

PN94

MS USHER: Yes, your Honour.

PN95

THE SENIOR DEPUTY PRESIDENT: Please proceed.

PN96

MS USHER: Thank you.

PN97

MR CAPELIN: Your Honour, do you want me to address you on that, your Honour?

PN98

THE SENIOR DEPUTY PRESIDENT: Yes.

PN99

MR CAPELIN: Your Honour, there were two matters on the last occasion when the matter was adjourned that needed to be resolved in the interim; the first matter related to the AMU members voting on the amendments to the agreement, that vote has occurred and supplementary statutory declarations have been filed, so that issue has been resolved. The second matter was in relation to the parties intentions in relation to the Commission's involvement in the disputes procedure.

PN100

The parties have also reached agreement on an undertaking in relation to the Commission's involvement and that is as an absolute last resort after the parties have exhausted all means on site and all parties acting in absolute good faith to make those on site mechanisms work, would the parties agree that the matter come to arbitration of the Commission.

PN101

THE SENIOR DEPUTY PRESIDENT: Yes, I understand, yes. That understanding will be placed on the file if required for future reference to avoid any doubt. Thank you.

PN102

Mr Allen?

PN103

MR ALLEN: Your Honour, I could submit that the process which your Honour requested the parties has been fulfilled, there has been a further meeting on the site with the AWU members, the amendments were then highlighted and circulated to the employees. Every employee was given the opportunity to attend that meeting, having received a copy of the changes and also, if were not able to attend that meeting, did indicate in the form of writing through the delegates as to their preference and as the statutory declarations would show, that that was in the affirmative.

PN104

THE SENIOR DEPUTY PRESIDENT: So your application would not longer be out of time, would it because it's gone through the process again?

PN105

MR ALLEN: No.

PN106

THE SENIOR DEPUTY PRESIDENT: Yes, so to the extent that any ruling was required on that, it's not - - -

PN107

MR ALLEN: That is correct, your Honour. In relation to the Commission's involvement in the disputes procedure, it's always been the AWUs position that once negotiations have been exhausted and all the processes on the site have been exhausted, that we would be seeking the assistance of the Commission. If the Commission pleases.

PN108

THE SENIOR DEPUTY PRESIDENT: Yes, thank you.

PN109

Yes, Ms Usher?

PN110

MS USHER: Your Honour, our position is fairly clear, it's really on in relation this morning to the disputes procedure as we completed the other aspect. I mean, just support of the AWU and the support of the company in their position that the on site process should be followed fully, right through to the end and if there is no resolution at the end of that, then obviously we look at conciliation and then after that, in the worse case scenario, we look at arbitration. Thank you.

PN111

THE SENIOR DEPUTY PRESIDENT: Thank you for the submissions. On the basis of the agreement that's proposed for certification, having regard to its terms and the reading of the statutory declarations that have been filed by each of the parties to the proposed agreement, including the new statutory declarations that were filed by the AWU and the company on 1 March 2004 and based on the submissions made in today's proceedings and in the proceedings on 7 January, I am satisfied that the statutory requirements governing the making or certification of a 170LJ division (2) Agreement have been met. The agreement will be certified, it will be known as the AWU Qenos Botany Operations Agreement CFMEU Qenos Utilities Botany Operations Agreement 2003.

PN112

It will come into force from 1 April 2004 and remain in force until 31 March 2007. I'll sign the certificate giving effect to the certification and thank the parties for their co-operation and apologise for inconvenience that I caused but it was required to meet the statutory requirements. The Commission stands adjourned.

ADJOURNED INDEFINITELY [10.14am]