C2003/6328, Transcript of Proceedings [2004] AIRCTrans 2222 (16 June 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 7340

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER MANSFIELD

C2003/6328
C2003/6415
C2003/6717

THE AUSTRALIAN WORKERS UNION
and OTHERS

and

ORIGIN ENERGY LIMITED

Notifications pursuant to section 99 of the Act
of a dispute re wages and conditions of employment

MELBOURNE

10.17 AM, THURSDAY, 3 JUNE 2004

Continued from 10.3.04

PN150

MR P. MURRAY: I appear on behalf of Origin Energy Limited.

PN151

MS K. WILD: I appear for the Australian Manufacturing Workers Union, and I am also appearing this morning on behalf of the Australian Workers Union.

PN152

THE COMMISSIONER: Thank you, Ms Wild. We have received correspondence this morning from the Electrical Trades Union, Mr Chris Flatt, National Industrial Officer, stating that due to urgent work commitments he is unable to attend the report back this morning, but he has given an indication that the Electrical Trades Union supports the suggestions and recommendations proposed by Mr Murray in relation to the 23 issues and encloses the list of matters that were raised by the Award Simplification Unit of the Commission. So, so far as the Electrical Trades Union is concerned, they don't have a problem with the proposed changes to the draft award.

PN153

So, as the parties are aware, Ms Wild, I think you - do you have a copy of the correspondence we sent out some little time ago?

PN154

MS WILD: Yes, I do, Commissioner.

PN155

THE COMMISSIONER: Good. There was a draft award proposed for the Bass Gas Award. The draft award was examined by the Award Simplification Unit of the Commission, the Unit raised a number of issues and these were circulated to the parties. There were 23 issues in total. And the parties were requested to give us an indication, this morning, as to their response to those issues. I might look to you first, Mr Murray. Have you received any indication from either the AMWU or the ASU, also the AWU, regarding those issues, to this point?

PN156

MR MURRAY: Only verbally, Commissioner.

PN157

THE COMMISSIONER: Only verbally.

PN158

MR MURRAY: And they were quite supportive of all of the changes that were proposed by yourself in that letter. There were two items that were optional to the parties which were items 13 and 14.

PN159

THE COMMISSIONER: Yes.

PN160

MR MURRAY: As to whether the parties wanted those changes left in or taken out. I can report on behalf of the company and, as I say, verbally - a verbal indication from the other two unions that they were in support of this; that for item 13 we are happy for those words to be deleted, and for item 14 we would prefer that that clause 24.1 be left in.

PN161

THE COMMISSIONER: Good. Thank you, Mr Murray.

PN162

MR MURRAY: There was only one other issue that I had raised with the parties and with yourself, and that was the reference to the term "called in" versus "called out".

PN163

THE COMMISSIONER: Yes.

PN164

MR MURRAY: The clause 21.2 where it talks about "called in" and at the end of that subclause "call in" we would request that that be changed to "called out" and "call out" respectively.

PN165

THE COMMISSIONER: Called out. Good. And you had agreement from the unions on that matter?

PN166

MR MURRAY: Yes.

PN167

THE COMMISSIONER: Thank you, Mr Murray. Ms Wild.

PN168

MS WILD: Yes, Commissioner. I am instructed that we agree with all of the changes that have been suggested by - - -

PN169

THE COMMISSIONER: Been proposed?

PN170

MS WILD: Yes.

PN171

THE COMMISSIONER: Good.

PN172

MS WILD: By Mr Murray, and yes, concur with the application. Thank you.

PN173

THE COMMISSIONER: Thank you. Well, is that - as the parties have now indicated that the proposed changes that were, as a result of the Award Simplification Unit examination of the draft award in the suggested response which was circulated, are agreed, we will now make the required changes to the draft award and issue an order that the award be brought into being as soon as practicable. And I expect that could be done in the next couple of days. Are there any other comments required from the parties? Mr Murray, anything from you?

PN174

MR MURRAY: No. Other than to thank the Commission for its assistance in this matter.

PN175

THE COMMISSIONER: Good. No, thank you, Mr Murray, that is quite okay. Ms Wild.

PN176

MS WILD: No, thank you, Commissioner.

PN177

THE COMMISSIONER: Good. Thank you both for your assistance.

ADJOURNED INDEFINITELY [10.22am]