C2003/6546, Transcript of Proceedings [2004] AIRCTrans 6 (8 January 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

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

TRANSCRIPT OF PROCEEDINGS


O/N 5673

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

C2003/6546

IPEX PIPELINES AUSTRALIA
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 bans on overtime,
callouts, contractors and work to rule

MELBOURNE

2.07 PM, THURSDAY, 11 DECEMBER 2003

PN1

MR D. SULLIVAN: I appear on behalf of the Australian Industry Group for Ipex Pipelines. With me is MR E. SALSBURY from the company.

PN2

MS K. WILD: I appear for the AMWU and with me is MR C. SPINDLER and MR D. WIDDIG, a steward from the site.

PN3

THE SENIOR DEPUTY PRESIDENT: Mr Sullivan.

PN4

MR SULLIVAN: Thanks, your Honour. We are here today, your Honour, to ask you for assistance in resolving some issues to do with an EBA between the company and the AMWU. Just for some background, your Honour, Ipex Industries is a manufacturer of PVC pipe, supplying Victoria, Tasmania and South Australia. It has 41 manufacturing employees of which this agreement only covers three employees. Currently electrical work in the company is carried out by a contract company and these bans will significantly affect the organisation if the contractors can't enter the site.

PN5

What the impact would be to the rest of the employees is that they wouldn't be able to then maintain machines. We will possibly have to stand down the other 38 people. The other thing complicating the issue at this time of the year, your Honour, is they have an annual maintenance program which again will require a number of contractors to be brought on site. The contractors, if they can't do it, will again then maybe delay the start of production and again affect the other 38 employees who are covered by a totally different EBA.

PN6

The company acknowledges the action is legal, however it does have serious consequences for the company and the other employees, as I have stated, and really we have come here to ask you if you were in any way possible to help us resolve the dispute or initially really to modify the bans and come up with a solution where we can have ongoing discussions.

PN7

THE SENIOR DEPUTY PRESIDENT: Ms Wild.

PN8

MR BEARD: Thank you, your Honour. I guess - I mean, we would welcome further discussions to try and reach agreement but, I mean, we maintain that the action we are taking is protected and therefore - what they are seeking exactly we are not sure from this except perhaps to have further discussions which we are happy to enter into at this stage.

PN9

THE SENIOR DEPUTY PRESIDENT: What are the differences between you, Mr Sullivan?

PN10

MR SULLIVAN: Pardon, your Honour, I couldn't hear.

PN11

THE SENIOR DEPUTY PRESIDENT: What are the issues in the dispute?

PN12

MR SULLIVAN: The issues of the - - -

PN13

THE SENIOR DEPUTY PRESIDENT: Apart from the bans.

PN14

MR SULLIVAN: The actual claim - it is to do with the 36 hour week, protection of entitlements.

PN15

THE SENIOR DEPUTY PRESIDENT: It would be easier if we go into conference? We go into conference?

PN16

MR SULLIVAN: Yes, if you like, your Honour.

PN17

THE SENIOR DEPUTY PRESIDENT: Are you content with that, Ms Wild?

PN18

MR BEARD: Yes.

PN19

THE SENIOR DEPUTY PRESIDENT: We will adjourn into conference.

NO FURTHER PROCEEDINGS RECORDED