AG2004/1648, Transcript of Proceedings [2004] AIRCTrans 2163 (9 June 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 7291

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

AG2004/1648

CONCILIATION IN RESPECT OF
AGREEMENTS

Application under section 170NA(1) the Act
by Areva T and D Australia re persons
engaged in maintenance of transmission lines
and substations in Victoria

MELBOURNE

4.01 PM, MONDAY, 31 MAY 2004

Continued from 23.3.04

PN123

THE SENIOR DEPUTY PRESIDENT: Any change in appearance?

PN124

MR G. ARNETT: I am not sure, your Honour. I appear on behalf of the CEPU.

PN125

THE SENIOR DEPUTY PRESIDENT: I think Mr Hayes was doing it before, for the ETU.

PN126

MR ARNETT: Yes, I think so, yes, I am not sure. We swapped and changed a bit, yes.

PN127

THE SENIOR DEPUTY PRESIDENT: All right.

PN128

MS S. ZEITZ: I think Mr Palmer may have been here on the - - -

PN129

THE SENIOR DEPUTY PRESIDENT: Yes, but you have been on one occasion, I think.

PN130

MS ZEITZ: I think yes, we were just sort of interchangeable in a sense. If the Commission pleases.

PN131

THE SENIOR DEPUTY PRESIDENT: Yes. All right. I just listed this matter this afternoon for report back because there hadn't been any information about where it was at. I gather the parties are awaiting the outcome of other proceedings, but I thought I had better confirm that.

PN132

MR ARNETT: I think that is sort of a fair assumption. Are we just in conference?

PN133

THE SENIOR DEPUTY PRESIDENT: No, we are on record, actually.

PN134

MR ARNETT: Sorry. I think that is a fair assumption, to say that it is difficult to sort of move to all the finality of it, but we have made some progress in the meantime with a number of issues, and we have a system with Areva of green, red and black, and we are seeing a lot more green than - green being the agreed sort of things, a lot more green than we had in the past.

PN135

THE SENIOR DEPUTY PRESIDENT: That sounds encouraging.

PN136

MR ARNETT: Thank you.

PN137

MS ZEITZ: I think perhaps if I can provide the Commission with a copy of the current draft, it demonstrates that there has been some considerable progress made, and I will just draw the Commission's attention to page 8 of that document. While perhaps agreed in principle, the parties are still working through the wording of clause 7.2 and what they have sort of agreed in general discussions might best be expressed, and the second to last paragraph, 7.2, will require some reworking with the reference to: with the terms of this agreement, in the second line, which should currently be read that - hadn't actually been picked up on the word processor.

PN138

This doesn't represent the entire agreement, as the Commission will note. It is just the first page, 11 pages, but it does represent the main area of discussions that the parties have been having. Those items in red will require some further discussions, but primarily the parties are awaiting developments in other areas in respect of the issues of hours, wage increases and allowances generally, which remain I suppose for the want of a better term, still an issue in the industry at large, which my client is not a lead - does not have a lead role in that. The only issue that has arisen that is causing any concern, and I don't know that we can deal with it this afternoon, is that there is a Cranbourne switch yard where my client has a limited but specialist job, that it wishes to get some employees into that site just so it can get its contractual obligations out of the way.

PN139

There are general bans and limitations on, and to date that is an area that hasn't been committed. We would be hoping that given the genuine participation in negotiations that my client has demonstrated there might be a preparedness to extend a special exemption to my client, if that is at all possible. Beyond that, we can't - we accept that there is ongoing industrial action, if the Commission pleases.

PN140

THE SENIOR DEPUTY PRESIDENT: Thanks, Ms Zeitz. Mr Arnett, is there any possibility of a concession in relation to the Cranbourne project?

PN141

MR ARNETT: It is my understanding, your Honour, that there are discussions about the site agreement. This site is covered by a site agreement currently with the union, and we are looking closely at that. It is a bit like this agreement wouldn't cover that site, but another site agreement might cover that site, and we are looking at that, although we have been in discussions with SPI in a similar position, and they have explained some stuff to us today which we are continuing to look at as well. I wouldn't be in a position today to sort of grant an exemption to that site.

PN142

My understanding, although, is that it is a future part of the site that Areva are looking to contract on to, not the current site that is going, so I am - maybe confused, maybe we can sort of explain that in a conference or something.

PN143

THE SENIOR DEPUTY PRESIDENT: Yes. Perhaps we will just go off the record. Did you want to say anything else on the record?

PN144

MR ARNETT: No, I am fine, thanks.

PN145

THE SENIOR DEPUTY PRESIDENT: No. All right. We will go off the record.

OFF THE RECORD [4.06pm]

NO FURTHER PROCEEDINGS RECORDED