C2004/5318, Transcript of Proceedings [2005] AIRCTrans 1011 (28 April 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11284-1

COMMISSIONER GAY

C2004/5318

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION
AND
KEMPE PTY LTD
s.99 - Notification of an industrial dispute
(C2004/5318)

MELBOURNE

1.11PM, MONDAY, 18 APRIL 2005

Continued from 31/1/2005

Adjourned sine die

PN54

THE COMMISSIONER: Commencing time of the transcript today will really matter. Time that has been spent by the parties in a series of conferences with the Commission and the case is that there's to be a report given now which will set out the position that has been arrived at and to suspend a ..... I think. Who is going to give that report? Yes, Mr Roe?

PN55

MR ROE: If the Commission pleases, the parties have been involved in some constructive discussions today and the recommendation that you issued at the last hearing which resulted in a review of the assessments was undertaken by the independent consultants and that also greatly assisted the process and I'm pleased to say that the parties today approached it in a constructive manner and we've reached an agreement which will take the matter forward. I will try and summarise that agreement and obviously, if I make any errors, my colleague will correct me.

PN56

The first matter that's been agreed is that the employees who were reviewed by Grant Verna will be granted C classifications, in accordance with R2, with the exception of Mal Lazwinski, and in respect of Mal Lazwinski there were in R2 two units of competency which were advised as being in dispute and in addition to that there is now an additional unit which is disputed, which is Erect and Dismantle Scaffolding. The agreement is that the consultants who - that's Consoleno and Verna - will examine whether those three competencies are in fact required for work or not by the company. That assessment will then be used to finalise that matter.

PN57

The second issue that's been agreed is in respect of what happens in the future, and that is that the profiles for employees to be assessed who have not yet been assessed and who wish to have their classification reviewed in the future, should be as per the agreed profiles used at the time of Grant and Verna as modified by the Consoleno Verna report, that is, the removal of 6.7 from the base for fitters and machinists and the removal of 12.5 and 18.8 from the additional competencies for machinists.

PN58

Any request for assessment will be completed within a maximum period of 3 months and will operate from the date the assessment is completed. Where the employee appeals against the outcome, then the operative date shall be the date of the initial assessment. Any future changes to the profiles should be agreed by the consultative committee and the industrial parties to the certified agreement and any changes must be documented. That's the second issue.

PN59

The third issue, which relates to the issue of the relationship between the C levels and the K levels, the agreement between the parties is that, firstly, in respect of Ken James, that he is moved from K3 to K4. However, he's not to lose any money, so his current pay levels are to be maintained and in addition to that he is to be paid at the K3 level on those occasions when he does exercise team leader responsibilities.

PN60

Secondly, in respect of Jason Howle, whom the company wishes to move from K2 to K3, Jason Howle is to prepare a statement relating to any activities that he's undertaken during 2005 which are of a team leader type and the company is to respond to that in writing and that matter is then to be considered by the industrial parties and it's hopeful that that will enable the matter to be resolved. In the event that that does not resolve the matter, the matter is to be determined by the Commission and the parties will accept the Commission's recommendation.

PN61

In addition to that, it's agreed that the review of the K structure is a matter for the industrial parties as it's a term of the certified agreement. It can only be changed by agreement between the industrial parties pursuant to the Act. The AMWU is prepared to participate in a review of the K structure provided the company agrees that for all current employees, except obviously for the two people we've already mentioned, they will receive their current K allowance in addition to their
C classification.

PN62

The final matter agreed between the parties is that the operative date for those employees who were assessed by Grant and Verna in R2 is to be 1 January 2004. If the Commission pleases I think that, from our point of view, summarises the outcome of the proceedings and I'd like to thank the other party and also you, Commissioner, for your assistance in us reaching this point.

PN63

THE COMMISSIONER: Thanks, Mr Roe. Yes, Mr Dalton?

PN64

MR DALTON: Commissioner, I would like to concur with the information put on transcript by my colleague, that that is the agreement which has been reached between the parties and I would also like to thank the Commission and my colleagues and the union for their positive participation in the matter today. Thank you, Commissioner.

PN65

THE COMMISSIONER: Thank you, Mr Dalton. The parties really have participated today in a way which has allowed for an agreement to be reached with a range of difficult issues and I'm not going to play the violin, but I will say it's not easy for there to be concessions made and compromises reached. Always one side thinks they're compromising more than the other side, and that's part of the tug of war, isn't it, but on this occasion it is sufficient to say that there have been a range of compromises and I think there's no doubt that the attitude of you, Mr Roe, and you, Mr Dalton, has materially contributed to the resolution, aided of course by the necessary willingness on the part of the parties. It is pleasing to see that happen because you can see that it is usually better for the parties to have done what they've done on this occasion, even when faced with quite formidable difficulties and all their backdrop problems and differing interpretations but to say, well, we'll try again and again and that's what's happened today.

PN66

If it's necessary for Mr Howle to come back and it's put in, I think in the correct perspective by Mr Roe, agreed by Mr Dalton, but hopefully that won't happen. Should it happen, and it's quite - people can hold on their digs and not agree - if it does, it'll be determined here, and this has been the subject of discussion with Mr Roe and Mr Dalton in a general sense but it will be determined in the same way as any difference of opinion is determined here, not on the tea leaves, but rather on the basis of - or anything else that's gone before - but what are the facts of that matter and what are the competing merits of the arguments. It is pleasing that you've done what you've done.

PN67

I'm going to adjourn now sine die, that means to another day, and I hope that, that day doesn't arise because I do hope that there is still sufficient clarity emerging from the position papers that are going to be factually put forward for each side to see with a bit more focus what it is that's in dispute.

<ADJOURNED INDEFINITELY [1.20PM]