C2004/6817, Transcript of Proceedings [2004] AIRCTrans 5011 (22 December 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114J MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 9437

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C2004/6817

McPHERSONS PRINTING
PTY LIMITED

and

AUTOMOTIVE, FOOD, METALS,
ENGINEERING, PRINTING AND
KINDRED INDUSTRIES UNION

Notification pursuant to Section 99 of the Act
of a dispute re alleged unlawful industrial
action being undertaken at the company's
Maryborough site

MELBOURNE

1.04 PM, MONDAY, 13 DECEMBER 2004

Continued from 2.12.04

PN14

THE SENIOR DEPUTY PRESIDENT: Yes, this matter has been listed this afternoon for a report back. We're on the record at the moment, and we'll stay that way unless somebody asks me to go off the record. Who wants to report back to me? Yes, Ms Cleary.

PN15

MS CLEARY: On behalf of the company, your Honour, I will outline a summary of where we're at at this stage. As indicated to you the last time we were before your Honour, we agreed to hold a meeting with the site delegation, which we did on Thursday. And at that meeting on behalf of the company I offered that in addition to the four per cent which was being sought for the employees within the manufacturing facility, that the company also said we are not prepared to give four per cent to those individuals who already received a wage outcome as a result of the 2004 safety net decision.

PN16

However, in relation to those employees we're prepared to offer an additional two per cent at the date of certification, on the proviso that all employees were prepared to alter their shift rosters to be on site for 37-and-a-half hours per week. And clearly, your Honour, that impacts on about 50 employees. Currently there are two departments, which is the press room and CTP, who are on site for 37 hours per week or 36 hours per week. In return for the two per cent being paid to those individuals who already received the 2004 safety net adjustment, we were asking those individuals to be on site for an additional 30 minutes per week - or up to one-and-a-half hours every three weeks.

PN17

In addition, your Honour, we also stated that the company wished to review its work clothing policy. And they are the two off-sets that the company was able to identify to make some better offer than what was previously on the table. And to assist your Honour, I'd like to hand up a document. Thank you.

PN18

THE SENIOR DEPUTY PRESIDENT: Yes. And what is this document, Ms Cleary?

PN19

MS CLEARY: This is a document, your Honour, which was forwarded to all employees as a result of the meeting held on Thursday, because the offer put by the company was rejected by the consultative committee. And management was concerned that the general employee population were not aware of what was offered, and therefore departmental meetings were held with all employees and this was then sent to the employees to confirm the company's proposal.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes.

PN21

MS CLEARY: And at this stage, your Honour, my clear instructions are is that the company is concerned that the offer by it was rejected by the site consultative committee, without them having discussions with the employees. And we believe that the employees overall are happy with the proposal, and that we will be seeking your endorsement to have a confidential ballot on site, if the Commission pleases.

PN22

THE SENIOR DEPUTY PRESIDENT: And do you need my endorsement?

PN23

MS CLEARY: Sorry?

PN24

THE SENIOR DEPUTY PRESIDENT: Do you need my endorsement?

PN25

MS CLEARY: Well, we would say, Commissioner, your endorsement would support the company's position.

PN26

THE SENIOR DEPUTY PRESIDENT: This is to have a ballot, what, in relation to the making of an agreement, is it?

PN27

MS CLEARY: In relation to the wage offer currently on the table, yes, Commissioner.

PN28

THE SENIOR DEPUTY PRESIDENT: Sorry. Only in relation to the wage offer, or is this a new certified agreement?

PN29

MS CLEARY: For the new certified agreement, your Honour. Because I believe really the only outstanding issue is to do with the wage increase, currently.

PN30

THE SENIOR DEPUTY PRESIDENT: Yes, so you want to put - are you going to want to progress the making of a certified agreement?

PN31

MS CLEARY: That's right, your Honour.

PN32

THE SENIOR DEPUTY PRESIDENT: And put it to a vote?

PN33

MS CLEARY: Yes, your Honour.

PN34

THE SENIOR DEPUTY PRESIDENT: Yes.

PN35

MS CLEARY: However, your Honour, in regard to that we are conversant of the fact that the timing is so close to Christmas, the company is prepared to wait for people to return in the New Year.

PN36

THE SENIOR DEPUTY PRESIDENT: So when would you anticipate putting this to a vote?

PN37

MS CLEARY: 11 January, your Honour. For basically the 16 days to commence.

PN38

THE SENIOR DEPUTY PRESIDENT: Sorry, the?

PN39

MS CLEARY: 16 days to commence.

PN40

THE SENIOR DEPUTY PRESIDENT: When?

PN41

MS CLEARY: From 11 January.

PN42

THE SENIOR DEPUTY PRESIDENT: On the 11th. Yes, thank you. Yes, Mr Rogers?

PN43

MR ROGERS: Your Honour, I don't have a whole lot to add to it as the letter that you have in your hand, we have no knowledge of that. Neither the delegates or myself have seen that letter.

PN44

THE SENIOR DEPUTY PRESIDENT: You haven't seen that?

PN45

MR ROGERS: No.

PN46

THE SENIOR DEPUTY PRESIDENT: Did you show Mr Rogers a copy of this?

PN47

MS CLEARY: Sorry, your Honour, I - that's okay. Sorry, Steve, I assumed that you had.

PN48

MR ROGERS: Neither have the delegates. And it doesn't surprise me that the company would be putting forward this proposition, that's the proposition that they seem to have a great propensity for. It has never succeeded in getting them much more than an agreement that gets up by one or two votes every time. But if they have a preference for a divided and angry work force, then I guess there's very little that we can do about that, on the record, your Honour.

PN49

THE SENIOR DEPUTY PRESIDENT: Yes. Yes. Well, there's very little for me to do it seems. The company is going to go ahead and put its proposed agreement to the employees, and it will either be approved via valid majority, or it won't. Is there anything anybody else seeks from me today? Ms Cleary? Mr Rogers?

PN50

MR ROGERS: No, your Honour. We will deal with ballots the same way we generally deal with ballots.

PN51

THE SENIOR DEPUTY PRESIDENT: Yes.

PN52

MS CLEARY: No, your Honour. As I said, obviously the one issue is that the company still intends it to be a union - an agreement between the union and its employees and itself. It's not attempting to issue a non-union document at this stage. And that's what the company's preference is, your Honour.

PN53

THE SENIOR DEPUTY PRESIDENT: Sorry, I don't follow that. Is it going to be an LK agreement or an LJ agreement?

PN54

MS CLEARY: An LJ agreement, your Honour. It's currently drafted as an LJ agreement, and the company doesn't intend to change its position on that.

PN55

THE SENIOR DEPUTY PRESIDENT: Well, how are you going to seek a vote on an LJ agreement if the union hasn't agreed to it?

PN56

MS CLEARY: Well, obviously we would say that if the employees who are members of the union as well agree to it, that the union should recognise the majority that may agree.

PN57

THE SENIOR DEPUTY PRESIDENT: Well, that may well be. Well, Ms Cleary, it's not my position to give legal advice to either side. But at the moment as I understand the situation, there is no agreement between the company and the union. So there's no agreement that can be put to a vote by employees to see if they approve an LJ agreement. If the company manages to secure agreement with the union, of course that can be done. If not, well it's a matter for the company to take what course it desires.

PN58

There being nothing further requested of me today, I see no need to take any further action. I'll close this file I think, on the basis that the notification of a dispute under section 99 has been dealt with. Yes, adjourn it please.

ADJOURNED INDEFINITELY [1.12pm]