AG2004/2094, Transcript of Proceedings [2004] AIRCTrans 1373 (7 April 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
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TRANSCRIPT OF PROCEEDINGS


O/N 6575

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

AG2004/2094, 2095, 2096, 2097,
2098, 2099, 2100, 2101, 2102,
2103, 2104, 2105, 2106, 2107,
2108, 2166

ENGINEERING DIRECTIONS AND THE
AMWU STRUCTURAL STEEL FABRICATORS
WORKSHOP COLLECTIVE BARGAINING
AGREEMENT 2003-2006

F&B SKROBAR ENGINEERING PTY LTD
AND THE AMWU STRUCTURAL STEEL
FABRICATORS WORKSHOP COLLECTIVE
BARGAINING AGREEMENT 2003-2006

JARDS & CO PTY LTD AND THE
AMWU STRUCTURAL STEEL FABRICATORS
WORKSHOP COLLECTIVE BARGAINING
AGREEMENT 2003-2006

RMG ENGINEERING PTY LTD AND THE
AMWU STRUCTURAL STEEL FABRICATORS
WORKSHOP COLLECTIVE BARGAINING
AGREEMENT 2003-2006

PETCHER WELDING PTY LTD AND THE
AMWU STRUCTURAL STEEL FABRICATORS
WORKSHOP COLLECTIVE BARGAINING
AGREEMENT 2003-2006

LAMVER ENGINEERING PTY LTD AND THE
AMWU STRUCTURAL STEEL FABRICATORS
WORKSHOP COLLECTIVE BARGAINING
AGREEMENT 2003-2006

RMB METALWORK PTY LTD AND THE
AMWU STRUCTURAL STEEL FABRICATORS
WORKSHOP COLLECTIVE BARGAINING
AGREEMENT 2003-2006

TRULINE ENGINEERING PTY LTD AND THE
AMWU STRUCTURAL STEEL FABRICATORS
WORKSHOP COLLECTIVE BARGAINING
AGREEMENT 2003-2006

GREENSBOROUGH STEEL FABRICATIONS
AND THE AMWU STRUCTURAL STEEL
FABRICATORS WORKSHOP COLLECTIVE
BARGAINING AGREEMENT 2003-2006

MELBOURNE STRUCTURAL STEEL PTY
LTD AND THE AMWU STRUCTURAL STEEL
FABRICATORS WORKSHOP COLLECTIVE
BARGAINING AGREEMENT 2003-2006

A.J. DE MURI CONSTRUCTIONS AUST
PTY LTD AND THE AMWU STRUCTURAL
STEEL FABRICATORS WORKSHOP
COLLECTIVE BARGAINING AGREEMENT
2003-2006

ARTHUR ENGINEERING INDUSTRIES
PTY LTD AND THE AMWU STRUCTURAL
STEEL FABRICATORS WORKSHOP
COLLECTIVE BARGAINING AGREEMENT
2003-2006

COSLEE HEAVY METAL FABRICATORS
PTY LTD AND THE AMWU STRUCTURAL
STEEL FABRICATORS WORKSHOP
COLLECTIVE BARGAINING AGREEMENT
2003-2006

PAGE STEEL FABRICATIONS PTY LTD
AND THE AMWU STRUCTURAL STEEL
FABRICATORS WORKSHOP COLLECTIVE
BARGAINING AGREEMENT 2003-2006

MONKS HARPER FABRICATIONS PTY
LTD AND THE AMWU STRUCTURAL STEEL
FABRICATORS WORKSHOP COLLECTIVE
BARGAINING AGREEMENT 2003-2006

GFC INDUSTRIES PTY LTD AND THE
AMWU STRUCTURAL STEEL FABRICATORS
WORKSHOP COLLECTIVE BARGAINING
AGREEMENT 2003-2006

Application under section 170LJ of the Act
by the Australian Manufacturing Workers' Union
for certification of agreements

MELBOURNE

9.47 AM, MONDAY, 29 MARCH 2004

PN1

MR D. RENEHAN: I appear on behalf of Engineering Directions.

PN2

MS K. WILD: I appear for the Australian Manufacturing Workers' Union.

PN3

THE COMMISSIONER: There is a requirement to use section 111(1)(r), right?

PN4

MR RENEHAN: Yes, Commissioner. There is some 14 matters preceding this which would be quite fair to say, categorised in the same sort of concern of a number of months out of time. I have prepared a statutory declaration. What I, in fact, did was prepare one covering the 15 matters and the AG numbers respectively. If I could hand that up please, Commissioner?

PN5

THE COMMISSIONER: Thank you. So that covers all of them. Now, I notice that the parties to the agreement are the company obviously, the AMWU and the AWU.

PN6

MR RENEHAN: Yes, Commissioner. I'm always concerned about what paperwork goes in sometimes. Commissioner, I think that was a typographical issue and it perhaps should have been the CFMEU, FEDFA Division as opposed to our friends from the AWU.

PN7

THE COMMISSIONER: Well, unless there has been a takeover bid.

PN8

MR RENEHAN: No, I don't believe there has been a takeover bid that I have been aware of.

PN9

THE COMMISSIONER: So you say it should be the CFMEU?

PN10

MR RENEHAN: If there was to be any union, other than the AMWU, Commissioner, would be the CFMEU FEDFA Division. Just by way of history, this was an agreement that I assisted on behalf of a group called the Structural Steel Fabricators and we only actually entertained, or only conducted our negotiations and discussions with the AMWU as they have historically been the union that would cover the clients I represent, the 15 matters that are here this morning. What was picked up early in the piece is there was some incorrect reference to the AWU. My understanding is that that was actually corrected, whereas that - we put the CFMEU there.

PN11

I might add also, that our friends at the CFMEU have shown no interest, or little interest, and have never been involved in any of the discussions, or what occurred, or came about subsequent to an agreement. This process was done in conjunction, as the statutory declarations would show, between the employees, the union, management, and assisting myself. The only party as far as external party other than myself was the AMWU and their representatives.

PN12

THE COMMISSIONER: That gives me a problem I have got to say, because the parties bound - the scope of the agreement does provide for the AWU and there is no mention of the CFMEU, FEDFA Division, and there is a number of agreements like that.

PN13

MR RENEHAN: Yes, it has just been brought to my attention, myself. I suppose it would be fair to say that at the end of the day it does not phase me given that it won't affect any of the status quo of the workforce with respect to their allegiances, or the like, and where the union is present in a number of these workshops is that they have historically been members of the AMWU and no concerns have been raised whether there are other unions that may or may not be eligible.

PN14

THE COMMISSIONER: I have got to say the difficulty the Commission has got is this: that it does not want to certify agreements that it knows are factually incorrect in terms of parties bound. You, as you would be aware, the same as other parties would be aware, that this Commission was severely criticised for not being diligent enough before a particular Royal Commission. Now, if I have got a number of agreements - and there are a number of agreements that state that a union is parties bound, but it is not the correct union.

PN15

I appreciate what you say what may happen out in the workplace. It does say it can be implied that the Commission is not diligent enough, or negligent in certifying those agreements. What I would do is - you represent 15, is that right, Mr Renehan?

PN16

MR RENEHAN: There is probably about another six to come but not today, Commissioner.

PN17

THE COMMISSIONER: What I am going to have to do, Mr Renehan and Ms Wild, is this. I won't deal with those matters that are before me today where you are representing them and Ms Wild. If you would go through those agreements and make sure that they are factually correct and if that means sending, for instance, a clean copy of the "parties bound" page then do so and I won't reconvene. As long as I can get the paperwork that is right and if the CFMEU are parties bound then they need to be advised, they need to provide the statutory declaration and sign the agreement.

PN18

Once I get that, I will certify the agreements. I note in this agreement it does say that the agreement shall apply from 1 April 2003. So there is no disadvantage there in terms of the employees. I must say, I am not inclined to certify them if I know that they are not factually correct.

PN19

MR RENEHAN: I understand, Commissioner, and unfortunately these sat at an undisclosed location for a period of a number of months and that wasn't the AWUs office. I suppose, on close observation, is that something has gone amiss with respect to what has come through to you this morning and I do apologise. That can be quite easily rectified and I will have something in in the next day or so.

PN20

THE COMMISSIONER: Thank you. So that is 2095, 2096, 2097, 2098, 2099, 2100, 2101, 2102, 2103, 2104, 2105, 2106, 2107, 2108 and 2166 all of 2004 shall be held over.

ADJOURNED INDEFINITELY [9.57am]