AG2003/688, Transcript of Proceedings [2004] AIRCTrans 410 (3 February 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Unit 13-14, Westlane Arcade, Darwin City Mall DARWIN NT 0800
(GPO Box 3544 DARWIN NT 0801) Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N F1011

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2003/688

APPLICATION FOR CERTIFICATION OF AGREEMENT
ABOUT INDUSTRIAL DISPUTE (DIVISION 3)

Application under section 170LS of the Act
by the Australian Liquor, Hospitality and
Miscellaneous Workers Union - Northern
Territory Branch for certification of
Duck's Nuts Enterprise Agreement 2003

DARWIN

9.30 AM, TUESDAY, 20 JANUARY 2004

PN1

THE DEPUTY PRESIDENT: Thank you, could I take appearances please?

PN2

MR D. McDONALD: Yes, if the Commission pleases. I appear for the Liquor, Hospitality and Miscellaneous Workers Union.

PN3

THE DEPUTY PRESIDENT: Thank you.

PN4

MR M. McCLELLAN: I am representing Duck's Nuts.

PN5

THE DEPUTY PRESIDENT: Thank you. Who would like to speak to the agreement. Any volunteers?

PN6

MR McDONALD: Yes Commissioner, I'm happy to do that. Yes Commissioner, this is a section 170LS agreement between Duck's Nuts and the LHMU. Duck's Nuts is a bar restaurant in Darwin.

PN7

THE DEPUTY PRESIDENT: I know it.

PN8

MR McDONALD: Employing about 40 odd, 44 people I think, at various times. The agreement is a two year agreement. There are some major - the major points of it, I suppose are; it is effectively an all up rate where a number of conditions have been traded off in return for an increase on the basic hourly rate, which include reduction in the number of public holidays to three and a tradeoff on the penalty rates for a range of penalty rates for an all up rate.

PN9

THE DEPUTY PRESIDENT: So the rates are a composite - are there any allowances or penalties that still apply?

PN10

MR McDONALD: That is correct. That is correct. So overtime etcetera will still apply.

PN11

THE DEPUTY PRESIDENT: Right.

PN12

MR McDONALD: There is some calculations been done. Obviously we were pretty keen to make sure that no one was disadvantaged in this and there are some recent figures in the last couple of weeks, just to keep track of how these figures apply to the penalty rates. Sorry, to the award rate and we're satisfied that people aren't disadvantaged.

PN13

THE DEPUTY PRESIDENT: Is that going to be an ongoing process, or was this just a tiff to see whether you've done it right?

PN14

MR McDONALD: I suppose it will be ongoing. During the course of negotiating the EBA there were issues raised about the fact that people working sort of normal hours, daytime hours, would actually have an advantage to the people working out of hours and that was raised and discussed with the workers and we came to an agreement with management, that if people did feel they were disadvantaged, then they would look at that rotation - a rotation system - - -

PN15

THE DEPUTY PRESIDENT: To spread it round.

PN16

MR McDONALD: - - - movement and spread the hours around for those who want it.

PN17

THE DEPUTY PRESIDENT: Right.

PN18

MR McDONALD: In this industry, a lot of people actually choose to work the later hours.

PN19

THE DEPUTY PRESIDENT: Do they? So there is a lot of casual employment?

PN20

MR McDONALD: A lot of casuals working in the industry here, particularly here. Other changes include a change to the junior rate arrangement to reduce the 100 per cent level from 19 year old to 18 year old and increase the 17 year old rate to 80 per cent. Casual loading has been reduced from 25 per cent to 24 per cent, but the increased hourly rate more than compensates for that.

PN21

They are probably the main features. We believe that all the requirements have been met. There has been extensive consultation on the terms and conditions, the changes in the agreement and we support this application.

PN22

THE DEPUTY PRESIDENT: I have been through the agreement and you've addressed most of the issues that I would have raised anyway. The only question I have is the dispute settlement procedure. It says that "it can come to the Commission to consider", what does that mean? Does that mean that conciliation and then as a last resort arbitration?

PN23

MR McDONALD: Certainly we would believe that would - - -

PN24

THE DEPUTY PRESIDENT: That is the intent, is it?

PN25

MR McDONALD: The intent is that the Commission would have power to arbitrate on those disputes.

PN26

THE DEPUTY PRESIDENT: The reason I ask is that dispute settlement procedures are a hot bed for industrial dispute.

PN27

MR McDONALD: But certainly, that is our belief.

PN28

THE DEPUTY PRESIDENT: I will just confirm that with Mr McClellan. Do you agree that is what it means?

PN29

MR McCLELLAN: Absolutely. That is our intent.

PN30

THE DEPUTY PRESIDENT: Yes, it is one of those ironical circumstances that we spend time arguing what the dispute settlement procedure means and forget about what the dispute is about. Did you want to add anything to what has been put?

PN31

MR McCLELLAN: No. I just - even just in clarification of Mr McDonald. It has been a process that has been constantly worded and negotiated with the staff, the Union and Duck's Nuts. Seeking agreement with the staff was certainly carried out with all the staff receiving copies of the EBA and various meetings held with the Unions and ourselves to discuss various matters and the voting process was carried out with a hundred per cent acceptance of the EBA, after several meetings and going through the various aspects of it and various ramification.

PN32

So following the necessary processes was certainly done with the t's crossed and the I's dotted.

PN33

THE DEPUTY PRESIDENT: This is an application pursuant to section 170LS of the Workplace Relations Act for certification of an agreement to be known as Duck's Nuts Enterprise Agreement 2003. Parties to the agreement are the Australian Liquor, Hospitality and Miscellaneous Workers Union, Duck's Nuts Proprietary Limited and the employees covered by the classifications found in the agreement.

PN34

I've checked the agreement and indicated that I have no issues other than clarification of the dispute settlement procedure, which has been done. Accordingly I am satisfied the parties have complied with the requirements for the Act, have provided the necessary statutory declarations and the agreement can be certified an audible issue to take effect from today's date and remain in force until 15 October 2005. I note the agreement actually came into force from 1 August 2003. That agreement is hereby certified. Well done. Thank you. This matter is adjourned.

ADJOURNED INDEFINITELY [9.36am]