C2004/5337, Transcript of Proceedings [2004] AIRCTrans 4780 (8 December 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 2564

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

C2004/5337

AEROSPACE INDUSTRY (HAWKER DE HAVILLAND)
AWARD 1998

Application under section 113 of the Act
by the Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union to vary
the above award re redundancy case 2004

ADELAIDE

10.13 AM, MONDAY, 29 NOVEMBER 2004

Continued from 23.11.04

PN89

MS J. TAVERNER: I am appearing for the Australian Manufacturing Workers' Union.

PN90

MR D. RUSSELL: I appear for the Australian Industry Group on behalf of Hawker de Havilland.

PN91

THE SENIOR DEPUTY PRESIDENT: I should also advise the parties that I have received correspondence from the NUW who have apologised for their inability to attend and as I understand it, Ms Taverner, they are to be represented by your union. Has that message filtered through to you?

PN92

MS TAVERNER: Yes, that's correct, your Honour. I must apologise. ..... because this morning he had difficulty getting a taxi but certainly I am also making an appearance at the NUW.

PN93

THE SENIOR DEPUTY PRESIDENT: Thank you. And secondly I have received a fax from APESMA advising that Ms Bennett is ill today and that whilst APESMA will be unrepresented, they seek variation of the award to include the provisions of the redundancy test case as per the submissions of the AMWU to take effect immediately. APESMA made the point that their members are salaried staff and are not subject to an enterprise agreement.

PN94

I can also advise that I received an email advice on 22 November from you, Ms Taverner, advising of a draft order which I understand is agreed between the parties. Is that the case?

PN95

MS TAVERNER: Yes, that is correct, your Honour. However, there is just one undertaking which the union will be putting on record. But that is indeed the agreed order between the parties.

PN96

THE SENIOR DEPUTY PRESIDENT: I see.

PN97

MR RUSSELL: I can confirm that, your Honour.

PN98

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Russell. What is the undertaking, Ms Taverner?

PN99

MS TAVERNER: Thank you, your Honour. The undertaking is that the AMWU undertakes that these redundancy benefits which are contained in part 6 of the Hawker de Havilland (Bankstown) Certified Agreement 2003, covers the field in respect of all redundancy entitlements for employees covered by the certified agreement at the Hawker de Havilland site at Bankstown. So virtually, the provision is to allay the concerns of the AIG on which your Honour may remember on the last occasion it went before the Commission, there was a minor issue with regard to double dipping in respect of entitlements and the undertaking on record is to allay those concerns of the AIG.

PN100

THE SENIOR DEPUTY PRESIDENT: Now, Ms Taverner, should I understand then, that undertaking will hold firm for the duration of the life of that particular agreement?

PN101

MS TAVERNER: Yes, that would be my understanding, your Honour.

PN102

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. And is there anything that you want to say, Mr Russell, relative to the agreed position between the parties?

PN103

MR RUSSELL: No, your Honour, other than to say that during the substantial negotiations between the parties to get to this position, we thank the AMWU for that undertaking. It certainly does relieve any concerns we did have about this application. Accordingly we consent with that the application does meet the relevant requirements of the Act. We consent to it accordingly, if it pleases.

PN104

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Can I take it that the parties have retained the references to small employers from an abundance of caution and in the event of a transmission of business to a smaller employer?

PN105

MS TAVERNER: Yes, your Honour, that is correct. I think the position of the parties was that we would retain the provision notwithstanding that it won't actually have any operation or applicability. However, simply to maintain consistency with respect to the test clause that was provided for by the Full Bench earlier this year. Even though it won't actually have any alteration, we still thought it was proving its place within the award.

PN106

THE SENIOR DEPUTY PRESIDENT: Yes, indeed, thank you. Very well. On the basis of that agreed position, I will make an order with effect from the beginning of the first pay period commencing on or after today in the terms of the draft order that has been provided to me on an agreed basis between the parties. That order will remain in force for a period of six months and it will be forwarded out to the parties within the next few days.

PN107

MR RUSSELL: Thank you, your Honour.

PN108

MS TAVERNER: May it please.

PN109

THE SENIOR DEPUTY PRESIDENT: I'm sorry, Ms Taverner, were you saying something else then? I didn't pick it up.

PN110

MS TAVERNER: I'm sorry, your Honour, I just said: "may it please."

PN111

THE SENIOR DEPUTY PRESIDENT: Thank you. Can I also take the opportunity of congratulating the parties on reaching this agreement and hope that you can catch a taxi back more easily, Ms Taverner. I shall adjourn the matter on that basis.

ADJOURNED INDEFINITELY [10.18am]