C2003/6082, Transcript of Proceedings [2004] AIRCTrans 218 (9 January 2004)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N F5654

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER FOGGO

C2003/6082

TOYOTA MOTOR CORPORATION
AUSTRALIA LIMITED

and

AUTOMOTIVE, FOOD, METALS, ENGINEERING,
PRINTING AND KINDRED INDUSTRIES UNION

Notification pursuant to section 99 of the Act
of a dispute re alleged breaches of the award
and agreement

MELBOURNE

2.28 PM, MONDAY, 8 DECEMBER 2003

Continued from 31.10.03

PN61

THE COMMISSIONER: Are there any changes in appearances?

PN62

MR T. CARVALHO: Yes. Paul could not make it today so I will be speaking on behalf of Paul.

PN63

MS H. BOX: Thank you, Commissioner. Commissioner, this matter was last before you on Friday 31 October and the purpose of today is to give you an update on the issues that were presented to you on that day. There were three key issues that we discussed with - presented to the Commission on 31 October. The first was in respect to a rally that was being organised by the union movement in response to some proposed Federal Government legislation. The rally went ahead. In terms of how it affected us at Toyota, the AMWU Metals Division did follow the PPA requirements in that they sought discussions with the company and they gave us a number of options.

PN64

Unfortunately, we didn't agree to some of those options and they took a different course of action than the other divisions on site. However, the impact was minimal to the organisation in the sense that we were - managed to keep production going and that matter is now closed. The second issue that we presented to you was about the contractor site agreement. This agreement is a longstanding agreement between contractors entering car company sites, and in particular, obviously, the Toyota's contractor site agreement, agreement between the AIG and the AMWU Metals Division.

PN65

That agreement expired in March of this year and discussions have been continuing between the AIG and the AMWU Metals Division. Those discussions are continuing and we are hopeful of a resolution, particularly in light that we are facing our shutdown in the next couple of weeks. And to date, the discussions, particularly with ourselves in respect to progression of how that contractor's agreement is going, have been cooperative and continue to be cooperative.

PN66

The main objective that we have as a car company, obviously, is that whatever instrument the contractors wish to engage in with their union and their employees is certainly up to them and we will not be impacting that. Our main objective, obviously, is that we do not have any interference with our contractual arrangements between contractors and ourselves and that contractual obligations are adhered to by contractors without interference by the union. But, again, as I say, those discussions are continuing at a higher level.

PN67

In respect to the third issue, we had a number of local issues that were presented to the Commission last time, and the first was in respect to a grievance we had about the provision of televisions in group rooms. That matter is nearly finalised and it currently stands at discussions are being held between the senior employee representatives on site and they are concensing a position that they hope to get back to the company in the very near future. But, again, it is continuing cooperatively, that issue.

PN68

The second issue was in respect to labour levels and it was a direction of this Commission that discussions be had to ensure that any matters outstanding are dealt with and no issues are arising. Predominantly, the majority of issues have been taken care of and have been agreed to. There are a couple of outstanding local issues but we are dealing with those locally and are very hopeful we can resolve those locally. Obviously, if any issues arise that we are not able to resolve, we will be seeking the assistance of the Commission at that stage, as I am sure the union would be if they were having no resolution.

PN69

And the last issue was in regards to overtime and, if you remember, we had bans on us regarding the working of overtime as we faced long weekend work that was critical to our production. It is very pleasing to say not only was it resolved in this Commission, we would also like to acknowledge - to thank our senior reps because they were very active when they went back on site after this hearing in assisting the company by getting on the phone and contacting a number of their members to let them know the resolution and seeking the support to work that overtime.

PN70

So credit where credit is due; they were very helpful in helping us get people back to work and, as such, we had no disruption to the schedule for that weekend overtime and we are very grateful of that. So in summary, Commissioner, at the moment things are happening on a local basis cooperatively. We are moving issues along and hope that continues. If the Commission pleases.

PN71

THE COMMISSIONER: Mr Carvalho?

PN72

MR CARVALHO: Yes, Commissioner, the only thing I can complain to you about is I think Heather must have stolen my notes and paraphrased what I was going to say.

PN73

THE COMMISSIONER: Well, given the note book is only that big, there must have been - - -

PN74

MR CARVALHO: Yes, I don't know where she fitted it all. I had it all in one page. Yes, I don't have much to add except that we are just progressing the issues. There is only one outstanding issue and that is the labour levels and we hope to bring this to a resolution in the next couple of weeks, I hope.

PN75

THE COMMISSIONER: Excellent. This is terrific. Yes. Thank you, Mr Carvalho. The only thing that concerns me is that the decisions that are made in relation to annual shutdown progress smoothly and that there are not problems in relation to that and, if there are, then we need to deal with them immediately. Well, it has been a pleasure, ladies and gentlemen. I will leave the file open and, obviously, if there are further issues then you can bring them back to me. These proceedings are adjourned.

ADJOURNED INDEFINITELY [2.34pm]