AG2004/2912, Transcript of Proceedings [2004] AIRCTrans 2097 (7 June 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 0000

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER DANGERFIELD

AG2004/2912

APPLICATION FOR CERTIFICATION
OF AGREEMENT

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

ADELAIDE

11.03 AM, THURSDAY, 20 MAY 2004

Continued from 11.5.04

PN21

THE COMMISSIONER: Now, this matter, gentlemen, was adjourned from last week. Is there any change to the appearances at all?

PN22

MR A. HARRIS: Yes, Commissioner, I appear on behalf of the CFMEU, instead of Darren Roberts.

PN23

THE COMMISSIONER: Thank you, Mr Harris. Mr Starr?

PN24

MR C. STARR: Thank you, Commissioner. Yes, you are correct in saying this was adjourned last week and in the meantime there has been some discussions between myself and the CFMEU primarily around, Commissioner, the issue of classifications in clause 3.4 and it was suggested to me, Commissioner, that was it the intent of Northern Scaffolding to use all of the classifications that are identified in clause 3.4. I can clearly say, and I have said to the CFMEU, that is not the intent, sir, they were just indicative classifications.

PN25

I can provide to the Commission, certainly the information I have been provided by the company, sir, that it only undertakes to work with the employees that it does have on the reline project and they are effectively, the classification of scaffolders or labourer TAs, who are effectively scaffolders in training and not utilise any further classifications that are named in the agreement. So that is the understanding that has been reached between the company in clarification put this morning, sir, and that being the case, we would again be seeking your certification of this agreement. The Northern Scaffolding has a relationship with the AWU, it wishes to maintain that, the unanimous vote was taken, sir, by all employees on 23 April and with that clarification today, sir, we would urge you to certify this agreement, if the Commission pleases.

PN26

THE COMMISSIONER: Mr Hall, any comment?

PN27

MR HALL: Commissioner, it would be my submission that the agreement should be certified in accordance with the Act. Certainly it meets the requirements. There is at least one member of the AWU who is employed by the organisation. The AWU is entitled to represent a class of employees that are going to be employed under the agreement and have been since the steel industry started in Australia some 100 years ago and there is no reason in my submission why the agreement should not be certified.

PN28

THE COMMISSIONER: Mr Harris?

PN29

MR HARRIS: Yes, I've just taken this opportunity to actually withdraw with the previous speakers you have heard and we've been satisfied to certain problems and at this point we are withdrawing from this agreement or these appearances.

PN30

THE COMMISSIONER: Yes. Now, I understand, on the previous occasion I think Mr Darren Roberts sought to intervene in the matter, so I understand where you are coming from Mr Harris. Mr Starr, I will take those explanations that you provided in terms of the operation of the agreement as having the same effect as undertakings pursuant to section 170LV of the Act. They are not undertakings, they are not actually undertakings pursuant to that section because that section only talks about where the Commission has grounds to refuse to certify an agreement and I do not believe I do have grounds to refuse to certify this agreement. However, I take your explanations on board as in effect having the same effect as undertakings. That is the intention of the parties in terms of this agreement and I think I understand where you are coming from.

PN31

MR STARR: I am happy that that is so, sir.

PN32

THE COMMISSIONER: Yes. Very well, having heard then from the parties on this matter and having perused the statutory declarations of Eric Murray, the Manager, Northern Scaffolding Proprietary Limited, the employer in this matter and Graham Hall, Whyalla Branch Secretary of the AWU, both declarations are appearing to be in order and having heard from the parties today in relation to this application to have the agreement certified under division 2 of Part VIB of the Act, I can indicate that I am satisfied that the agreement passes the no disadvantage test.

PN33

I note that the agreement at clause 2.2 includes procedures for preventing and settling disputes between the parties as required. I am also satisfied as required by section 170LT(5) that a valid majority of persons employed at the time, genuinely approved the agreement and that in accordance with section 170LT(7) of the Act, the explanation of the terms of the agreement took place in ways that were appropriate, having regard to the particular circumstances and needs of the relevant employees.

PN34

Accordingly, the Commission certifies the Whyalla Steelworks (Northern Scaffolding Proprietary Limited) Blast Furnace Reline 2004 Outage Agreement to be operative from the date of project commencement and in accordance with clause 1.6 to remain in force until project completion as defined. Those dates being in terms of date of commencement, nominally, 1 June 2004 and in terms of the date of project completion, nominally, 8 August 2004. Again, as with the other matters this morning, the necessary documentation will issue shortly from my office. That concludes the hearing of that matter.

ADJOURNED INDEFINITELY [11.08am]