C2004/5374, Transcript of Proceedings [2004] AIRCTrans 3269 (20 August 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 8150

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

C2004/5374

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LW of the Act
by the BlueScope Steel Limited and Communications,
Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia for
settlement of dispute (certification of agreement)
of the BHP Coated Steel Australia Westernport
Certified Agreement 2002-2004

MELBOURNE

1.09 PM, TUESDAY, 10 AUGUST 2004

PN1

MR S. AMENDOLA: I seek leave to appear on behalf of BlueScope Steel Limited.

PN2

MR G. BORENSTEIN: I appear for the CEPU along with MR MONTEBELLO, an organiser for the CEPU.

PN3

SENIOR DEPUTY PRESIDENT: Any objection to the application for leave to appear?

PN4

MR BORENSTEIN: No, your Honour.

PN5

SENIOR DEPUTY PRESIDENT: Leave is granted. Mr Amendola?

PN6

MR AMENDOLA: Your Honour, the way I propose to deal with this is to give a small opening and obviously for my friend to respond to that opening but otherwise to ask if the matter can go into conciliation first before dealing with the substance of the matter if it can't be dealt with in conciliation.

PN7

SENIOR DEPUTY PRESIDENT: Yes.

PN8

MR AMENDOLA: As you can see it is an application pursuant to section 170LW which relates to the application of the Coated Steel Australia Westernport Certified Agreement 2002/2004. The application specifically focuses on the contractor clause, clause 13, and it relates to the company's attempts to have a division of Siemens Limited - Siemens Building Technology - added to the contractor list. Briefly, your Honour, there were amendments to some maritime legislation that required an updating of security at wharves with some substantial penalties involved if that didn't take place and as a result of that BSL did a review of its security arrangements which encompassed not only the wharf but the site.

PN9

It then put the work for the security arrangements at the site out to tender. There were discussions with the various unions or at least invitations given to the various unions to be involved in the assessment process for those people who responded to the tender. There were two tenderers who responded, one of which was Siemens. Siemens won the tender and commenced the work in May, did the wharf work, had done a substantial amount of work for the rest of the site when a dispute arose which manifested itself when a CEPU delegate at the site asked SBT to leave.

PN10

There were then discussions and an exchange of e-mails between the company and the union about having SBT put on the agreed contractors list. Agreement could not be reached and that is how we come before you today, your Honour. If the matter was unable to be resolved we have got some material that we would seek to file and evidence we would seek to call but, in a nutshell, that is where we stand. The issue that might arise, your Honour, is if we couldn't settle the matter today, we would at least be seeking a recommendation that the work that is required to complete the installation of the security equipment take place.

PN11

What would be involved, your Honour, is not just the installation of all this equipment but the maintenance of that equipment. My client sees that it is important that at least the work be completed, especially since so much of it was completed and we wouldn't see that as being prejudicial to the issue about whether or not they should be on the agreed contractors list because there would be ongoing maintenance that would be required if a decision - if it got to a decision - was that they shouldn't be on the contractor's list, my client would have to make other arrangements but at least in the interim we would see it as important that the work that needs to be completed, which I think is about a weeks worth of work with two men, or two people should I say, take place. If the Commission pleases.

PN12

SENIOR DEPUTY PRESIDENT: Yes.

PN13

MR BORENSTEIN: Your Honour, without going into too much detail we do object to Siemens being added to the contractor's list pursuant to the EBA. We say they don't meet the industrial relations track record that the union requires. We are of the view that Siemens is breaching their current certified agreement and on that basis we don't see that they have the ability to be put onto the agreed contractor's list without going - I will leave that there. I just put that on the record and if we do have to go to a further hearing then we can bring evidence and put submissions as to why we say they are breaching their current EBA.

PN14

SENIOR DEPUTY PRESIDENT: Anything else?

PN15

MR BORENSTEIN: No, your Honour.

PN16

SENIOR DEPUTY PRESIDENT: Anything else, Mr Amendola?

PN17

MR AMENDOLA: Your Honour, nothing that could be fruitful I think before conciliation at this point.

PN18

SENIOR DEPUTY PRESIDENT: I will adjourn into conference.

SHORT ADJOURNMENT [1.13pm]

RESUMED [2.21pm]

PN19

SENIOR DEPUTY PRESIDENT: There has been a conference of the parties in this matter. In light of that conference I understand the position is this, that following the conference of the parties in the Commission, the CEPU will not object to Siemens Limited undertaking the completion of the supply, installation and commissioning of the security system at BlueScope Steel limited, Hastings, and the ongoing maintenance of that system.

PN20

However, the CEPU reserves its rights under clause 13 of the BHP Coated Steel Australia Westernport Certified Agreement 2002/2004 should it consider Siemens has breached certified agreements to which it is a party with the CEPU. Similarly BlueScope Steel Limited reserves its right under clause 13 of the BHP Coated Steel Australia Westernport Certified Agreement 2002/2004 to have Siemens added to the contractors list. Is that position acceptable, Mr Amendola?

PN21

MR AMENDOLA: It is, your Honour.

PN22

SENIOR DEPUTY PRESIDENT: And Mr Borenstein?

PN23

MR BORENSTEIN: Yes, your Honour.

PN24

SENIOR DEPUTY PRESIDENT: I will adjourn the matter on this basis.

ADJOURNED INDEFINITELY [2.23pm]