C2004/5009, Transcript of Proceedings [2004] AIRCTrans 4788 (8 December 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 9242

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

C2004/5009

APPLICATION FOR A COMMON
RULE AWARD

Application under section 141 of the Act
by Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union
for a common rule award

MELBOURNE

2.09 PM, MONDAY, 29 NOVEMBER 2004

PN1

MS S. TERPSTRA: I appear for the Australian Manufacturing Workers Union.

PN2

MR G. MAAS: I appear for the National Union of Workers and we are already an interested party noted in this matter.

PN3

MS N. BOEHM: I appear on behalf of the VACC.

PN4

MR C. HARNATH: I am from the Master Plumbers Mechanical Services Association of Australia, and I have just in the previous matter given the Commission a form 57 as an interested party.

PN5

MR L. STEWART: I am from the AI Group.

PN6

MR P. EBERHARD: I am from the Victorian Employers Chamber of Commerce and Industry.

PN7

THE SENIOR DEPUTY PRESIDENT: Ms Terpstra.

PN8

MS TERPSTRA: Your Honour, for the sake of brevity and if it is acceptable to the Commission and the parties present here today, I might just seek to adopt my submissions that I have made in respect to the earlier matter and adopt those submissions and apply them to this application for the common rule declaration in the Metal, Engineering and Associated Industries (Accident Pay) Victoria Award 1998.

PN9

THE SENIOR DEPUTY PRESIDENT: Have you got a copy of the draft there just to make sure I have got the same document?

PN10

MS TERPSTRA: Yes, I do, your Honour.

PN11

THE SENIOR DEPUTY PRESIDENT: Thank you.

EXHIBIT #AMWU1 DRAFT DECLARATION

PN12

MS TERPSTRA: Your Honour, just one further thing, if I could add, that to satisfy my friends on the left-hand side of the bar table.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes.

PN14

MS TERPSTRA: In respect to the undertaking, the union is happy to provide the undertaking in respect to overlapping coverage, and that undertaking is encapsulated in Senior Deputy President Watson's decision of 20 October 2004. Other than that, the union would submit otherwise that the application be granted and seek to be operable from 1 January 2005.

PN15

THE SENIOR DEPUTY PRESIDENT: Okay. Mr Maas.

PN16

MR MAAS: Thanks, your Honour. The NUW has had the opportunity to peruse the draft declaration as provided to us. We support the application of the AMWU, subject to being included as a named respondent at clause 2.4. Further, your Honour, we also give the commitment to any potential overlap as was noted in the report of Senior Deputy President Watson on 20 October. If the Commission pleases.

PN17

THE SENIOR DEPUTY PRESIDENT: Mr Stewart.

PN18

MR STEWART: Your Honour, the AI Group noted an appearance in relation to this application and we have had the chance to peruse the draft declaration which is now marked. We have no in principle objection to the making of the declaration, and we note the undertaking that has been given both by the AMWU and the NUW. Your Honour, as you have my version of the award before you, would you mind just confirming whether or not there are any other unions which are a named respondent to this award? If there are, I would be seeking the undertaking be given by those organisations. If there aren't, then there will be no need.

PN19

THE SENIOR DEPUTY PRESIDENT: No, there are. The union respondents are the AMWU, the AWU, CEPU, CFMEU, but only in respect of that part of the organisation that constituted the former FEDFA.

PN20

MR STEWART: I see.

PN21

THE SENIOR DEPUTY PRESIDENT: And the LHMU.

PN22

MR STEWART: And the LHMU. Well, then in that case, your Honour, the AI Group does not oppose the making of the declaration but our consent is subject to the undertaking being given by those organisations. Thank you.

PN23

MS BOEHM: Your Honour, the VACC also consents to the application as put today, subject to the submissions of the AI Group. Thank you.

PN24

MR HARNATH: We support those submissions, your Honour.

PN25

THE SENIOR DEPUTY PRESIDENT: Ms Terpstra.

PN26

MS TERPSTRA: Again, your Honour, just likewise if there could be a very short timetable set for those unions who haven't appeared today to give the undertaking in order that it doesn't hold up the making of this declaration. I don't think there is anything further to add about that.

PN27

THE SENIOR DEPUTY PRESIDENT: Do you maintain the same objection about the NUW being named a party?

PN28

MS TERPSTRA: Your Honour, again it is not about the organisation per se, it is just that we renew our objection based on the Full Bench template already dealing with this issue and numerous Full Bench authorities that have also stated that the declaration is not an award of the Commission, it is merely the medium in which enacts the award common rule. So we don't see the need for it, we say it is superfluous.

PN29

THE SENIOR DEPUTY PRESIDENT: I will name them all. One other change that I would make in this one, and I should have also mentioned in respect of the superannuation one, is the definition of industry. The industry means any of the classifications, occupations, industries or callings specified in the Metal, Engineering and Associated Industries Award 1998 Parts 1, 2, 3 and 5. So just delete "employees engaged in." Any objection to that? I make that change.

PN30

Well, subject to receiving the relevant undertakings which we will take action in respect of, I am satisfied that I should make the declaration set out in AMWU1 as amended today. I am satisfied that to do so will be consistent with the requirements of the Act and the regulations. The common rule declaration to be known as the Metal, Engineering and Associated Industries (Accident Pay) Victoria Common Rule Declaration 2005 will come into force from 1 January 2005.

ADJOURNED INDEFINITELY [2.16pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AMWU1 DRAFT DECLARATION PN12