C2004/2090, Transcript of Proceedings [2004] AIRCTrans 1972 (28 May 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 11350

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER CARGILL

C2004/2090
C2004/2091

FOOD PRESERVERS AWARD 2000

Application under section 113 of the Act by
Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union to vary
the above award re casuals

CONFECTIONERS AWARD 2002

Application under section 113 of the Act by
Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union to
vary the above award re casuals

SYDNEY

9.59 AM, MONDAY, 17 MAY 2004

Continued from 6.4.04

PN53

THE COMMISSIONER: I think the appearances may be the same as on the last occasion.

PN54

MR J. CORLETT: Commissioner I must just note that I am also mentioning the matter on behalf of VECCI today.

PN55

THE COMMISSIONER: Thank you, Mr Corlett.

PN56

MR J. MEAD: Commissioner whilst I appeared originally in the matter I don't believe I appeared the last time this matter was before the Commission.

PN57

THE COMMISSIONER: Thank you Mr Mead. Now the matter was listed for report back today in large part to see what the position of the various employer organisations was to be so although you are the applicant Mr McCauley, I think it is probably, unless there is something you particularly need to tell me, it's probably more appropriate that I ask what Mr Mead and Mr Collett's positions are. So Mr Mead if you could go first please.

PN58

MR MEAD: Thank you Commissioner. Since the matter was last before the Commission we have had an opportunity to consult with our membership in respect of the two respective applications. Our position at this stage is that the applications in the current form we oppose the variation to the award in terms of the draft orders that have been submitted before the Commission. That being said I have had some discussions with Mr McCauley this morning in respect of seeing if perhaps some modification can be made to the application and perhaps a consent position being reached. But those discussions are still in their very early stages. What we have proposed is a meeting later this week between our organisation and Mr McCauley's to try and iron out some of those issues to see in fact if we can reach a consent position.

PN59

THE COMMISSIONER: That's without my assistance I gather in the initial stages is that Mr Mead?

PN60

MR MEAD: It is your Honour. So perhaps a way forward in terms of progressing the matter is another report back before the Commission following the discussions that will be held later this week.

PN61

THE COMMISSIONER: So in a couple of weeks perhaps, subject to what the others have to say?

PN62

MR MEAD: Our position, perhaps a fortnight or thereabouts would be an appropriate time to report back Commissioner.

PN63

THE COMMISSIONER: Right, thank you Mr Mead. Mr Corlett?

PN64

MR CORLETT: Yes Commissioner, in terms of the position of Australian Business Industrial it opposes the application as sought by the union at this stage. In terms of possible discussions and conciliation that's something about Australian Business Industrial would encourage and like to participate in and maybe there is potential for a compromise position to be reached. In terms of the position of VECCI, it also opposes the claim and has a similar position to ABI regarding, well, possible discussions to come to a compromise position. In terms a further report back in a couple of weeks time I think that would be appropriate. I don't know if I would be able to participate in the proposed discussions between AIG and the AMWU. I do understand that they are in Melbourne but I'm sure some suitable arrangement can be reached with the Australian Industry Group on that issue.

PN65

THE COMMISSIONER: Well that would be for you and AIG, whether it is Mr Mead, it is probably actually the person from Melbourne whose name escapes me at the moment, but the one who actually asked for the matter to be adjourned from the previous occasion. Was it Merasko?

PN66

MR MEAD: Yes Mr Merasko.

PN67

THE COMMISSIONER: Yes but that's for you to discuss and obviously VECCI is in Melbourne so presumably if they wish to be involved they only have to ask and that's up to the employer parties as to what their position is on that, but I'll leave that to you to organise. If there's some difficulty with that well depending upon the outcome of the talks between AIG and the union, whether there could be a second round of discussions up here, I don't know perhaps we can discuss that in a couple of weeks time. Right thank you. Mr McCauley?

PN68

MR McCAULEY: Thank you Commissioner. Yes the position of the union, we have discussed the matter with the employer groups. The basis for our discussion is that we see the group discussion on the casual conversion issue provided there is agreement on the draft order as it stands in relation to the other matters. That is the position of the union in relation to proceeding with discussions with the employer groups. On that basis we would support a report back in a couple of weeks. I mean if there were larger issues then the usefulness of the discussions would be diminished. It is the position of the union that we can proceed with discussions provided that the majority of the orders are agreed.

PN69

THE COMMISSIONER: That's up to them Mr McCauley. You've put your position on the record. Certainly as I think I may have indicated before that even if the parties reach a stalemate on things sometimes conciliation may be of some use to assist parties to move closer. We'll leave that at the moment and see where you get with your discussions between yourselves. So if perhaps we look for a date in about two weeks or thereabouts. Perhaps we might go off the record for that purpose if there is no difficulty from any of you.

OFF THE RECORD [10.03am]

RESUMED [10.04am]

PN70

THE COMMISSIONER: There's been discussion off the record about the date and it has been agreed that the matter would be listed for further report back at 10.00 an 1 June 2004 here in Sydney and if there is nothing further the matter is now adjourned.

ADJOURNED UNTIL TUESDAY, 1 JUNE 2004 [10.04am