AG2005/3958, Transcript of Proceedings [2005] AIRCTrans 1077 (5 May 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11400-1

DEPUTY PRESIDENT IVES

AG2005/3958

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION
AND
AUSTRALIAN PAPER PTY LTD CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA THE AUSTRALIAN WORKERS' UNION
s.170NA(1) - Conciliation in respect of Agreements
(AG2005/3958)

MELBOURNE

6.37PM, WEDNESDAY, 27 APRIL 2005

PN1

THE DEPUTY PRESIDENT: This matter relates to an application pursuant to section 170NA of the Workplace Relations Act by the AMWU on behalf of itself and a number of other unions seeking the assistance of the Commission in the negotiation of an agreement to cover certain specified construction works included in the pulp mill project at Australian Paper Maryvale Mill in Victoria. Extension negotiations and discussions have taken place over the past two days resulting in an outcome that will provide in the view of the Commission certainty to the parties regarding the industrial terms and conditions to apply both to defined construction work and to certain specified associated works.

PN2

The parties have agreed to a defined scope for the construction agreement and to terms and conditions to cover such work. Further, the parties have agreed on the treatment from the point of view of terms and conditions to apply of certain specified associated works. In addition, the parties have agreed on the form and content of a deed covering other aspects of the construction project relevant to the industrial parties. Subject to the project gaining the approval of the company's board of directors, the unions have collectively agreed to enter into agreements for which certification will be sought which will reflect the terms and conditions agreed between the parties over the past two days and which will cover the construction work on the project.

PN3

It's unnecessary for me in this statement to elucidate those terms and conditions. They are well understood by the parties and the parties will have an opportunity of their own on the record to go into such detail as they wish with respect to those terms and conditions, suffice to say that the agreement reached between the parties as an outcome of the discussions includes certain commitments from both the union and the employer party relating to hours of work as those hours apply under the construction agreement and to the maintenance of difference hours of work currently enjoyed by operating and maintenance personnel on site.

PN4

It is this Commission's understanding that subject to the approval of the board there are now no outstanding issues preventing the certification of agreements in the agreed terms at the appropriate time. Indeed, there is a will by all of the parties that such certifications of agreements occur. I intend now to provide an opportunity for the parties to confirm in general terms on the record their understanding of the outcome of negotiations. Mr Kane.

PN5

MR KANE: Thank you, Deputy President. Yes, we confirm that we have reached agreement on all of the items that were outstanding between the parties. In particular, the troublesome of scope has been covered and we have a clear definition of what is covered by the agreement and also in order to avoid doubt, a clear definition is what is not and what should happen to that other work. We have covered all wages and conditions which will be reflected in the agreement which shall be certified and also some matters which will be covered in the deed of agreement between Australian Paper Pty Ltd and the parties that are represented here today.

PN6

We have agreed with the unions that the agreement documentation and deed documentation will be finalised before we leave the building tonight and we also have agreement from the unions that post the approval of the board of Paperlinx Ltd there will be the unions signatures of the state secretaries will be applied to the agreement within seven days of the approval being given by the board. Finally, your Honour, I would like to thank you for the effort and work that you have put in in assisting the parties to reach agreement on this very important project.

PN7

THE DEPUTY PRESIDENT: Good, thanks, Mr Kane.

PN8

MR ADDISON: Yes, thanks, your Honour. Your Honour, I simply confirm what has been said yourself and Mr Kane. I think adequately describes the state of agreement we have reached at this point in time. If the Commission pleases.

PN9

THE DEPUTY PRESIDENT: Yes. And is that on behalf of all of the unions present, Mr Addison, or do you want them to speak for themselves?

PN10

MR ADDISON: It's on behalf of all of the unions.

PN11

THE DEPUTY PRESIDENT: Thank you. Is there anything that anybody wants to add at this stage?

PN12

MR KANE: Your Honour, just one other matter, we just confirm that the unions present are the AWU, the CFMEU, AMWU and the ETU. I notice that the plumbers have left the building.

PN13

THE DEPUTY PRESIDENT: I think Mr Mooney from the CEPU is representing both parties. Is that correct, Mr Mooney?

PN14

MR MOONEY: If your Honour pleases. I do represent the plumbers. The plumbers division of the CEPU gave me the right to represent them at this table to complete the agreement tonight and I also support the submission that
Mr Addison has put to you and also that this stuff that you have put to us and
Mr Kane has put to us as well today is agreed and that there should be the agreement that the proposed project goes ahead, that the unions will enter into the project agreement within seven days and give our signatures to that effect.

PN15

THE DEPUTY PRESIDENT: Good. It's gratifying to see that we have also achieved such a level of trust and goodwill over the past day and a half as well. I think on that basis we can safely adjourn, can we not? I will make every attempt to get a typewritten version of the statement that I have read into the transcript to you by 9 am in the morning if you provide a fax number to my associate. It may not be word for word but it will be in essence the statement that has been recorded on the transcript. Beyond that, we will make whatever efforts we can to have the transcript available to the parties as soon as that can possibly be achieved.

PN16

I have nothing further to say other than good luck with the project and it's been hard work, but I commend the parties on the outcome. Thank you.

<ADJOURNED INDEFINITELY [6.46PM]