AG2004/6118, Transcript of Proceedings [2004] AIRCTrans 3127 (11 August 2004)

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

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 8039

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2004/6118

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LL of the
Act by Siemens Ltd and Thiess Pty Ltd
t/as Silcar and Another for certification
of BSL Western Port Maintenance Alliance
Certified Agreement 2004 - 2007

MELBOURNE

1.02 PM, THURSDAY, 29 JULY 2004

PN1

MR F. PALMER: I appear on behalf of the company, together with MR B. MEARS.

PN2

MS K. WILD: I appear on behalf of the Australian Manufacturing Workers together with MR J. SNOOKS and some other delegates from the site.

PN3

THE SENIOR DEPUTY PRESIDENT: Mr Palmer.

PN4

MR PALMER: Thank you, your Honour. This is an application that your Honour may have some knowledge of the background history to. I think it is suffice for me to say that the application speaks for itself, but we would like to just highlight for your Honour a number of matters that have been dealt with in the industrial agreement.

PN5

This agreement will allow the Silcar BSL Alliance to provide mechanical maintenance at the Westernport site. A number of employees currently employed by BSL will be involved in a transition across to the company. That has taken a fair bit of discussion between the parties, as your Honour is aware, but fortunately that has been dealt with and settled on the basis that no employee will lose their job, there is no forced redundancy, and every employee that transits across has been as part of the arrangements in the agreement guaranteed job security for the life of this agreement.

PN6

Attached to the agreement is a list of names of employees that are eligible for that arrangement. We would like to put in the public record that if there is - we don't think there is a clerical error, but that list has been assembled with the assistance of the AMWU, but for the record if any name perchance has been missed off there, and that name is a member of the AMWU who is engaged by Silcar, that provision will obviously apply.

PN7

The agreement, your Honour, is predicated on a 38 hour week, which is the standard in the steel industry, but through consultation we have arranged provision for the working of a 9 day fortnight. That will be achieved over time by internal consultation. The role of consultation between the workforce representatives sand the company is highlighted in the agreement, and is a feature of the provisions relating to shift change and other change, where consultation, it is agreed, will be held at that level whilst the pre-existing status quo remains in place.

PN8

As to the no disadvantage test, your Honour, I think the parties will agree that keeping the pre-existing award as a base, and indeed looking at pre-existing employment conditions, there are significant improvements in conditions for the employees that are involved. Unless your Honour wants me to deal with anything else, we would say, your Honour, that the application speaks for itself, and we would be pleased at this juncture to thank the AMWU for its cooperation over what has been an extended and difficult discussion. But it has had a happy outcome, we say, not only for the employees but for the company and the union as well. If the Commission pleases.

PN9

THE SENIOR DEPUTY PRESIDENT: Mr Palmer, clause 12 of the agreement deals with public holidays: it is on page 12.

PN10

MR PALMER: Clause 12, your Honour?

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, on page 12. Are the provisions there intended to be in addition to the public holiday provisions under the Metal Engineering and Associated Industries Award? For example, it does not actually seem to say on its face that the employees will get the, whatever it is, 10-odd - - -

PN12

MR PALMER: Yes, your Honour.

PN13

THE SENIOR DEPUTY PRESIDENT: They are in addition provisions?

PN14

MR PALMER: Yes.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Ms Wild.

PN16

MS WILD: Thank you, your Honour. I would just rely on the statutory declarations that have been provided by the parties, and say that the agreement complies with the requirements under the Act. I would just like to make one point that has been brought to my attention, and that is that the AMWU would like for a letter to be placed on the file - it is an exchange of letters between the parties that we would just like to be put on the file, and I will forward that to you early next week, if that is okay. But other than that, we would support the certification of the agreement.

PN17

MR PALMER: Yes, we are aware of the letter, your Honour. We have no objection to that as a course of action.

PN18

THE SENIOR DEPUTY PRESIDENT: Have you got it to hand up?

PN19

MS WILD: I don't.

PN20

THE SENIOR DEPUTY PRESIDENT: You will forward it to us?

PN21

MS WILD: I will forward it to you, yes.

PN22

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Mr Palmer, I may have referred you to the wrong award: I think it is the BHP Steel Products Tradespersons 1998 award, which provisions are incorporated herein. I assume the provisions referring to public holidays are in addition to any public holiday provisions in that award?

PN23

MR PALMER: Yes, that is the case, your Honour.

PN24

THE SENIOR DEPUTY PRESIDENT: Thank you. Having regard to the material contained on the file in this matter, and also the submissions put to me, I am satisfied I should certify the agreement known as the BSL Westernport Maintenance Alliance Certified Agreement 2004 - 2007. I am satisfied that to do so would be consistent with the requirements of the Act and the Regulations. Certification of the agreement will come into force from today's date, and remain in force until 31 March 2007.

ADJOURNED INDEFINITELY [1.09pm]