AG2004/5613, Transcript of Proceedings [2004] AIRCTrans 3603 (9 September 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 7, ANZ House 13 Grenfell St ADELAIDE SA 5000
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TRANSCRIPT OF PROCEEDINGS

O/N 2182

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

AG2004/5613

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by the Construction, Forestry, Mining and
Energy Union-Construction and General Division,
SA Divisional Branch and Another for
certification of Trew Stone Pty Ltd/CFMEU
Collective Agreement 2004

ADELAIDE

11.04 AM, WEDNESDAY, 1 SEPTEMBER 2004

PN1

MR A. HARRIS: I appear on behalf of the CFMEU, and with me is MR M. TREWARTHA, the managing director of the company.

PN2

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Harris. Mr Harris, I've read the agreement and I've read the statutory declarations. Upon what date can you advise me that the agreement in its final form was provided to the employees?

PN3

MR HARRIS: 2 July, Commissioner.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Mr Harris, the statutory declarations indicate that the agreement was reached with Trew Stone Building Contractors Proprietary Ltd. The agreement is to be known as the Trew Stone Proprietary Ltd CFMEU Collective Agreement of 2004. Is Trew Stone Building Contractors Proprietary Ltd the same corporate entity as Trew Stone Proprietary Ltd?

PN5

MR TREWARTHA: Yes.

PN6

THE SENIOR DEPUTY PRESIDENT: It is, yes. Thank you, Mr Trewartha. Now, Mr Trewartha, I'm going to ask Mr Harris some questions about the agreement itself. Can I take it that you've got a copy of the agreement?

PN7

MR TREWARTHA: Yes.

PN8

THE SENIOR DEPUTY PRESIDENT: My questions do not invite Mr Harris to rewrite the document, they go to clarifying the intention of the parties about a number of provisions and addressing other provisions that I need to take into account in considering the application. If you wish to qualify any of Mr Harris' answers, please feel free to do so, otherwise I will take it that you are in agreement with his responses. Mr Harris, clause 3 is the scope and area clause. Can I take it that the work defined and covered by the National Building and Construction Industry Award of 2000 fully defines all of the work to be undertaken by employees under this agreement?

PN9

MR HARRIS: In the construction industry, correct.

PN10

THE SENIOR DEPUTY PRESIDENT: Clause 6 relates to the grievance disputes procedure. In the event that a matter is referred to the Commission in accordance with clause 11 of the award, can I take it that the parties would intend the Commission to first of all try to conciliate the matter with arbitration about matters that relate to the agreement being a last resort?

PN11

MR HARRIS: That is correct, Commissioner.

PN12

THE SENIOR DEPUTY PRESIDENT: Clause 13 relates to redundancy pay. It indicates that the employer has agreed to strictly adhere to that South Australian Building Industry Agreement unless varied by this agreement. Can I take it that such a variation is set out in the provisions of clause 10 so that the cite allowance scale set out in that agreement is subsumed by the rates of pay which are, and the provisions of that productivity allowance in clause 10?

PN13

MR HARRIS: That is correct, they don't have to pay both.

PN14

THE SENIOR DEPUTY PRESIDENT: Clause 20 relates to WorkCover matters. Should I understand notwithstanding those provisions, the parties recognise the primary responsibilities between employers and employees in accordance with that WorkCover legislation.

PN15

MR HARRIS: It just makes it easier for the lads to understand.

PN16

THE SENIOR DEPUTY PRESIDENT: And clause 21 talks of future agreements. Should I understand that the parties acknowledge that the provisions subsequent to the expiry date of this agreement are, or may be a matter for future negotiation?

PN17

MR HARRIS: Yes, it is only hopefully, if we do it within that 30 days that it would happen that way.

PN18

THE SENIOR DEPUTY PRESIDENT: I'm sorry, I've overlooked an obvious question, Mr Harris, that you would no doubt correct me on. Clause 15 references an appendix annexure A which is attached to this agreement. The annexure A refers to income and sickness protection insurance. Should I understand that the normal provisions providing for a waiting period of 14 days apply and that notwithstanding a reference to overtime in annexure A, the insurance cover taken out is for an amount of $800 per week?

PN19

MR HARRIS: That is correct, and also this agreement is a little bit different to the others. It does not come in force until 2005.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes, I understand that, thank you. Mr Trewartha, can I take it that you are in agreement with Mr Harris' responses to my questions?

PN21

MR TREWARTHA: Yes.

PN22

THE SENIOR DEPUTY PRESIDENT: Very well, on the basis of the information provided to me today, I'm satisfied the agreement was reached through a process consistent with that set out in section 170LJ of the Act. I am similarly satisfied that the agreement itself meets the requirements necessary for certification detailed in sections 170LT and LU of the Act. I will certify the agreement with effect from today. The certificate to that effect will be sent out to the parties within the next few days.

PN23

That certificate will identify the various clauses about which I sought clarification, but the parties' responses are recorded in the transcript. I congratulate the parties on reaching this agreement and adjourn the matter on that basis.

ADJOURNED ACCORDINGLY [11.11am]