C2004/3488, Transcript of Proceedings [2004] AIRCTrans 1929 (25 May 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 6, 114-120 Castlereagh St SYDNEY NSW 2000
PO Box A2405 SYDNEY SOUTH NSW 1235
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 11213

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HARRISON

C2004/3488
C2004/3489

APPLICATION FOR AN ORDER TO STOP
OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the Act
by Bovis Lend Lease Pty Ltd for an order to
stop or prevent industrial action

BOVIS LEND LEASE PTY LTD

and

CONSTRUCTION, FORESTRY, MINING
AND ENERGY UNION

Notification pursuant to section 99 of the Act
of an industrial dispute re changes to the
Lend Lease Superannuation Fund

SYDNEY

10.37 AM, THURSDAY, 13 MAY 2004

Continued from 6.5.04

PN85

THE COMMISSIONER: Thank you. Ms DeBoos?

PN86

MS DEBOOS: Yes, if it please the Commission - - -

PN87

THE COMMISSIONER: Firstly, I notice there is a new face at the bar table?

PN88

MR D. NOONAN: Commissioner, I appear for the CFMEU.

PN89

THE COMMISSIONER: Thank you, Mr Noonan. Yes, Ms DeBoos?

PN90

MS DEBOOS: Thank you, Commissioner, we are having some on going discussions with the union and we have put a position to them and we would like some time to continue those discussions. We certainly have got some submissions to make about on going industrial action but we are happy to have those discussions prior to making those.

PN91

THE COMMISSIONER: So are you seeking just to have an adjournment to allow you to have some more talks?

PN92

MS DEBOOS: Yes please, Commissioner.

PN93

THE COMMISSIONER: All right.

PN94

MR MAXWELL: Commissioner, we have no objection to that. It is our understanding that all the industrial action in regard to the superannuation issue has ceased. That is not to say that there are not other issues to be heard between the parties but in regard to the issue of the superannuation the parties did indeed meet on Tuesday morning and we are continuing with those negotiations and we are hopeful that, at some stage, we can reach a settlement in the not too distant future.

PN95

THE COMMISSIONER: All right, do you want to adjourn indefinitely or to a fixed time?

PN96

MS DEBOOS: Perhaps 11.30?

PN97

THE COMMISSIONER: All right, we will adjourn until 11.30.

SHORT ADJOURNMENT [10.38am]

RESUMED [11.40am]

PN98

THE COMMISSIONER: Ms DeBoos?

PN99

MS DEBOOS: Thank you, Commissioner. We have had some discussions and we have reached a position where we are some way apart and we cannot see that there is any other movement. We would actually like to ask for the assistance of the Commission to have some discussions, put those positions and see if we can find some way through to reach a settlement.

PN100

THE COMMISSIONER: All right.

PN101

MR MAXWELL: Commissioner, we agree with that course of action.

PN102

THE COMMISSIONER: All right, I will adjourn into conference.

OFF THE RECORD [11.41am]

RESUMED [2.32pm]

PN103

THE COMMISSIONER: Following a conference between the parties and the Commission, I would ask Ms DeBoos to place the outcome of those discussions on the record.

PN104

MS DEBOOS: Thank you, Commissioner. The agreement that we have reached has a number of aspects. Firstly, that the company will put in writing to the union that a representative to the company will ask APRA for permission to have one more trustee on the superannuation board. This extra trustee will be an elected construction worker position. Secondly, that the company will pay a one off bonus to all construction workers of $1400, as a gross figure, on 1 November 2005. This payment will be in the form of an allocation into construction worker's ESAP accounts however, there will be an election form attached to the payment of that figure in November 2005. The company shall also make 16 monthly contributions for each construction worker of $87.50 into an account, which will then be used to pay this bonus on 1 November 2005. The balance of that account will be provided in regular reports to the union.

PN105

In consideration of this offer, the company and the union have agreed to have a discussion with the Commission's assistance in Victoria next week about productivity concerns that the company has within the work force in Victoria. We have also agreed that any other outstanding issues that may exist in each State will be progressed through the disputes procedure. The company does still have concerns about industrial action and we welcome the settlement that we have today however, our section 127 application will remain until such time as we have full endorsement of the offer.

PN106

THE COMMISSIONER: Thank you. Mr Noonan?

PN107

MR NOONAN: Commissioner, I can confirm the contents of the discussions are broadly as Ms DeBoos has indicated, save that no concession is made to the union as to the existence of any industrial action. Perhaps I ought to add that in discussions it was put that in the event of individuals leaving the employment of the company prior to November of 2005, their payment would be made on a pro rata basis on termination but through the same process as Ms DeBoos described. We understand that the same procedure would apply to new employees during that period of time. That, I think, sums up the issues as we see them. The process that the union will follow is that we will consult with our members about this issue and seek to recommend an acceptance of this as a settlement of the issues at hand. We thank the Commission for your assistance in this matter.

PN108

THE COMMISSIONER: Thank you. Firstly, I also want to thank the parties for the constructive approach they both adopted during the private conferences and I trust that the settlement does gain the support of the membership of the CFMEU. There are outstanding issues to be discussed in Melbourne, as foreshadowed by Ms DeBoos. I will adjourn these proceedings until 10am, 21 May in Melbourne. Thank you.

ADJOURNED UNTIL FRIDAY, 21 MAY 2004 [2.36pm]