C2004/3875, Transcript of Proceedings [2004] AIRCTrans 3826 (30 September 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 13899

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HARRISON

C2004/3875

AWU ROCLA INDUSTRIES AWARD 1999

Application under section 113 of the Act
by the Australian Workers' Union
to vary the above award re terms and
procedures relating to Dispute Resolution
and Procedure Training Leave

SYDNEY

11.33 AM, TUESDAY, 21 SEPTEMBER 2004

Continued from 2.8.04

PN8

THE COMMISSIONER: Can I have the appearances please?

PN9

MS. M. PIERCY: If the Commission pleases, I appear for the Australian Workers Union.

PN10

MR M. MEAD: If it please the Commission, I appear for Australian Industry Group on behalf of Rocla.

PN11

THE COMMISSIONER: Thank you. Ms Piercy?

PN12

MS PIERCY: Thank you, Commissioner. Commissioner, further to the hearing of 2 August, the parties have had a discussion and have reached agreement on an amended draft order which has been forwarded to your chambers. There should be a copy on the Commission's files.

PN13

THE COMMISSIONER: Yes.

PN14

MS PIERCY: Commissioner, I would like to further submit the AWU believes this application is consistent with the Workplace Relations Act 1996 at section 88B and in particular with the objects of section 3. The AWU believes the dispute resolution training leave is necessary as it will enhance the operation of the dispute settlement procedure. Training delegates make a valuable contribution towards creating and maintaining a harmonious workplace. A stable work environment is achieved through having trained delegates.

PN15

Delegates that are trained understand their boundaries and respect employer/employee relationships. Without trained delegates workplaces are less harmonious and less productive. Commissioner, as this award and the Metal Award operate side by side, this application is seeking to maintain parity for employees at the work site which would provide harmonious working environment at sites where both these award operate. Commissioner, there are two significant decisions of the Full Bench which are Q9399, operation of various leave clauses or the leave allowability decision and R2700, allowable matters.

PN16

In both those decisions, the Full Bench held that dispute resolution training could fall within 89A(6) of the Workplace Relations Act. His Honour, Munro J, found in PR903193 of the Metal's decision on dispute resolution training that this provision was incidental and necessary for the operation of the Metals Award. The union believes that this application is within the confines of previous arbitrated decisions such as the Graphic Arts decision 97898 of her Honour, Marsh SDP, National Building Construction Industry decision 7494 of Commissioner Merriman and the Metal's decision PR903193 and PR906393 of his Honour, Munro J, where dispute resolution training was found to be incidental and necessary for the effect of operation of those awards.

PN17

It is a general principle of these decisions that the union is relying on today. Commissioner, it's the view of the AWU that representatives could be faced with difficulties or potential difficulties as representatives of the workplace and being equipped with the skills required of them through dispute resolution training, it would assist with minimising potential disputation as well as providing skill in maintaining a harmonious environment.

PN18

Commissioner, with the introduction over the last decade on greater amount of bargaining at the enterprise level, there's a clear need for the training of delegates to equip them for a more pro-active role in representing members interests in the workplace and avoiding unnecessary disputation with the employer. The union therefore seeks that the draft order in the terms sought be granted as from today's date, if the Commission pleases.

PN19

THE COMMISSIONER: Thank you, Ms Piercy. Mr Mead.

PN20

MR MEAD: Thank you, Commissioner. We would support the submissions made by Ms Piercy in respect of this matter and we would support, furthermore, that in this instance we feel that it's appropriate for a clause relating to dispute resolution training to be inserted into the award. With respect to the draft order that's been tendered to the Commission, it's our understanding that that draft order is consistent with the document that was forwarded to AI Group by the union on 6 September and as such, we have no objection to the award being varied in the terms sought, if it please.

PN21

THE COMMISSIONER: Thank you, Mr Mead. Well this is an application to vary the AWU Rocla Industries Award 1999 by providing a new clause to be titled dispute resolution procedure training leave. Having heard the submissions of Ms Piercy and noting that the matter is now by consent, I will vary the award in the manner sought in the draft submitted to the Commission. I note that in Ms Piercy's submissions that consistency has been established between the Metals Award and the Rocla Award where I assume people on the same plant are working under both awards. Is that the situation?

PN22

MS PIERCY: Yes, that's correct, Commissioner.

PN23

THE COMMISSIONER: Yes, well, particularly in those circumstances, I think there is considerable merit in the application and I will vary the award in the manner sought. An order giving effect to this variation shall come into force from the first pay period to commence on or after today's date and it will remain in force for a period of six months. Thank you.

ADJOURNED INDEFINITELY [11.39am]