AG2004/2909, Transcript of Proceedings [2004] AIRCTrans 1877 (21 May 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 1704

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER DANGERFIELD

AG2004/2909

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Lifese Engineering Pty Limited and Others
for certification of the Whyalla Steelworks
(Lifese Engineering Pty Ltd) Blast Furnace
Reline 2004 Outage Agreement

ADELAIDE

3.03 PM, TUESDAY, 11 MAY 2004

PN1

MR C. STARR: I appear for Lifese Engineering Proprietary Limited.

PN2

MR D. ROBERTS: I appear for the CFMEU.

PN3

MR N. LEAN: I appear for CEPU Plumbing Division.

PN4

MR G. ROBERTS: I appear for the Australian Workers' Union.

PN5

MR M. EMMERSON: I appear on behalf of the AMWU.

PN6

THE COMMISSIONER: Mr Starr?

PN7

MR STARR: The application before you today is for the certification of the Whyalla Steelworks (Lifese Engineering Proprietary Limited) Blast Furnace Reline 2004 Outage Agreement. The agreement, sir, has been reached following discussions between Lifese Engineering Proprietary Limited and its employees. With respect to the background of this agreement, Commissioner, I can report that OneSteel's Whyalla operations have planned a - - -

PN8

THE COMMISSIONER: I think, Mr Starr, probably what we can do is just say - you can refer to the previous comments in regard to the background.

PN9

MR STARR: Okay, thank you, sir. I refer to previous comments in regard to the background which you are well aware of the major shut down and also the principal features of the agreement which have been referred to before. I can refer, of course, that the required statutory declarations have been forwarded to the Commission, sir, and the agreement contains a disputes resolution procedure and a no extra claims provisions - without going to the detail of the clause numbers. I can report, sir, that all employees were provided access to copies of the terms of the final agreement a full 14 days prior to its acceptance by unanimous decision, again, on 17 March 2004.

PN10

The agreement itself is underpinned by the awards detailed in clause 1.3.3 and we say, sir, that in regard to the no disadvantage test there is no reduction in the overall terms of the employees' conditions of employment. With regard to the start date, sir, I would reiterate that that is found at clause 1.3.7 and the conclusion date of the agreement, again is found in clause 1.3.7. I should note, sir, that this document is quite an extended period of 28 days over the initial time. I must say, sir, Lifese Engineering didn't supply the document down to Adelaide for signature of the unions until nearly the 21 days was up.

PN11

Again, just getting officials in the right place has taken some time, sir. Lifese have advised me that there is no change whatsoever in regard to the structure of their employees. If the Commission pleases.

PN12

THE COMMISSIONER: Again, was the vote unanimous?

PN13

MR STARR: Yes, it was, sir.

PN14

THE COMMISSIONER: Yes, I think you mentioned that earlier. Mr Roberts?

PN15

MR D. ROBERTS: Darren Roberts of the CFMEU. We see no reason why this agreement shouldn't be certified.

PN16

THE COMMISSIONER: Mr Lean?

PN17

MR LEAN: Commissioner, Nigel Lean from the CEPU Plumbing Division, we have no problems with the certification of the agreement.

PN18

MR G. ROBERTS: We support the certification of the agreement, Commissioner.

PN19

THE COMMISSIONER: Thank you, Mr Roberts.

PN20

MR EMMERSON: The AMWU also agree. We would like to see certification of this agreement.

PN21

THE COMMISSIONER: In regard to this application the Commission notes that it is 28 days out of time and having regard to the comments of Mr Starr, having regard to the reason for the delay, the fact that there was no change in the composition of the workforce in the period of that 28 days and the fact that there was a unanimous vote of the employees, the Commission grants the necessary extension of time pursuant to section 111(1)(r) of the Act.

PN22

I indicate for the record that the application to have this agreement certified is supported by statutory declarations on file of Ibrahim Ellamar who is the Director of Lifese Engineering Proprietary Limited; the employer in this matter; Graham Hall - Whyalla Branch Secretary of the AWU; Darren Roberts, CFMEU; Jim Watson, AMWU; and Nigel Lean, CEPU Plumbing Division. All those declarations are in order.

PN23

Having considered the agreement and compared it against the provisions of the relevant awards for the purpose of the no disadvantage test, the Commission is satisfied that that test has been satisfied. Procedures for preventing and settling disputes between the parties are included at clause 2.2. It is clear from the declarations that a valid majority of persons employed at the time genuinely approved the agreement and that the explanation of the agreement took place in ways that were appropriate in accordance with section 170LT of the Act.

PN24

Accordingly, the Commission certifies the Whyalla Steelworks Lifese Engineering Proprietary Limited Blast Furnace Reline 2004 Outage Agreement to be operative from the date of project commencement, nominally 1 June 2004, and in accordance with clause 1.6 to remain in force until the date of project completion as defined, nominally 8 August 2004, that being not more than 3 years after the date on which the agreement will come into operation. I think that then, gentlemen, disposes of that matter.

ADJOURNED INDEFINITELY [3.09pm]