AG2004/3042, Transcript of Proceedings [2004] AIRCTrans 3025 (2 August 2004)

AUSCRIPT PTY LTD
(Administrator Appointed)
ABN 76 082 664 220

Suite 25, Trafalgar Centre 108 Collins St HOBART Tas 7000
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 0715

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2004/3042

APPLICATION FOR CERTIFICATION
OF AGREEMENT WITH EMPLOYEES
(DIVISION 2)

Application pursuant to section 170LK of the Act
by Alstom Power Limited for certification of the
Alstom Power Limited Enterprise Agreement
Tasmania 2004-2007

HOBART

1.18 PM, FRIDAY, 23 JULY 2004

PN1

MR R. SMITH: I appear for the company, the applicant in this matter, Alstom Power, and with me to my far right I have MR P. KAPELLER, the manager for the fuel services business, and next to him we have the two employee representatives: one MR D. SMITH, and the other one, MR R. SOWBY.

PN2

THE DEPUTY PRESIDENT: Thank you. Would you like to speak to the agreement?

PN3

MR SMITH: Yes, I will. The company is seeking certification of the agreement before you in accordance with section 170LK of the Act and the parties to the agreement are the company and its employees. I do draw your attention to correspondence that came across your table, both from the company and Mr Phillip Baker regarding Mr Phillip Baker's wish that he be a signatory to the agreement, but not a party.

PN4

THE DEPUTY PRESIDENT: Yes, that is fine.

PN5

MR SMITH: I did meet with Mr Phillip Baker yesterday in Sydney. He is unable to be here today because of the Metal Workers National Conference which he was attending yesterday. He was unable to be here.

PN6

THE DEPUTY PRESIDENT: He hasn't changed his mind.

PN7

MR SMITH: He certainly hasn't changed his mind.

PN8

THE DEPUTY PRESIDENT: Okay.

PN9

MR SMITH: And I have submitted to your associate amended signatory pages. In fact the company does welcome his signature to this agreement.

PN10

THE DEPUTY PRESIDENT: Thank you.

PN11

MR SMITH: The agreement itself lasts for three years, your Honour, and it provides wage increases to the order of 4 per cent each year, effective from 1 August this year, and the agreement remains in place for a period of three years. The company did issue the required written notice to its employees. You might find that you have a copy of that on the file.

PN12

THE DEPUTY PRESIDENT: Yes.

PN13

MR SMITH: Two union officials, one Mr Baker and one Mr Harkins, were invited to attend, which they did attend at the company's workshops and did speak to the employees, but the employees chose to do their negotiations themselves and arising out of that the agreement was voted by all the employees within the required timeframe and it was filed within the required timeframe, your Honour, I think you will notice from the dates there.

PN14

The company relies on the statutory declarations put forward to you, both from the company and its two employee representatives. I would be happy to answer any questions you have regarding the agreement and its contents. The agreement, primarily, is to be used in the power industry with the Hydro. I think you are familiar with this agreement in past tenses, the matters before you over the application of this agreement.

PN15

THE DEPUTY PRESIDENT: Yes.

PN16

MR SMITH: The scope does broaden itself out of the power industry, but that is the company's core business. I would also like to draw to your attention, following along the lines of the Hydro and that, that the wage rates between electrical and mechanical now are shown as parity - - -

PN17

THE DEPUTY PRESIDENT: Yes, I noticed that.

PN18

MR SMITH: - - - which has resolved a few problems within the organisation and sort of fits more squarely with what the client is about with their electrical and mechanical people. Apart from that, I submit the application to you for certification.

PN19

THE DEPUTY PRESIDENT: Thank you. I don't have any queries about the agreement. I have been through it and I have a letter from the company with the signatures of the employer representatives seeking that the union be made a signatory, so that is all in order. Now I just have to ask the employees.

PN20

MR SMITH: Yes.

PN21

THE DEPUTY PRESIDENT: Who were the negotiators: both of you?

PN22

MR SOWBY: Both of us.

PN23

THE DEPUTY PRESIDENT: Okay. I am obliged under the Act to be satisfied that you have entered into this agreement of your own free will, that you understand its terms and conditions. Under all agreements there are obligations and responsibilities, and that you were not put under any pressure to sign it. I take it that is the case, that you did enter into it of your own free will, and I think that you also had the assistance of union officials if you wanted it. All right then. You are happy that all of the other employees understand the terms of the agreement?

PN24

MR SOWBY: Yes.

PN25

THE DEPUTY PRESIDENT: Okay. On that basis, this is an application pursuant to section 170LK for certification of the Alstom Power Limited Enterprise Agreement Tasmania 2004-2007. The parties to the agreement are Alstom Power Limited and the employees covered by the classifications in the agreement.

PN26

The necessary statutory declarations have been provided and I am satisfied the requirements of the Act have been met. The agreement will be certified. I note that the AMWU will be a signatory to the agreement and I have the appropriate signatory page. An order will issue to take effect from today's date and remain in force until 31 July 2007. The agreement comes into effect from 1 August 2004. That agreement is certified. Thank you.

ADJOURNED INDEFINITELY [1.25pm]