C2005/2471, Transcript of Proceedings [2005] AIRCTrans 1235 (31 May 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11625-1

SENIOR DEPUTY PRESIDENT HARRISON

C2005/2471

TOMAGO ALUMINIUM COMPANY PTY LIMITED
AND
THE AUSTRALIAN WORKERS' UNION AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA
s.99 - Notification of an industrial dispute
(C2005/2471)

SYDNEY

2.04PM, THURSDAY, 19 MAY 2005

PN1

THE SENIOR DEPUTY PRESIDENT: Are there any changes to the appearances in this matter.

PN2

MR CAIRNS: Yes, your Honour, with me I have MR C BOULANGER production manager and MR J BAILEY human resources manager.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you. No other changes. This matter was last before me on the - - -

PN4

MR BRYSON: Your Honour, I was not here for the last Commission hearing. I appear for the AWU and ..... was here last time.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you, Mr Bryson. This matter was last before me on the 27 April of this year. A number of discussions were held, particularly in conference, concerning actions that are to be taken by both sides in the interim period but, in particular, the preparation of a labour review report as envisaged by the enterprise bargaining agreement. I received a document titled Tomago Supplementary Labour Review Report, I think - well certainly it has an email covering sheet of the 17 May and was received that same day.

PN6

Now, we have listed this matter today for a report back, so that's the first matter I think we should attend to. Each party can report what has occurred since it was last before me. Inform me of the opportunities they've had, that's in particular the unions to absorb this report, and then further, as required and envisaged by the enterprise bargaining agreement, for the company to discuss the report with the unions. This was your notification originally, Mr Cairns, we might start with you.

PN7

MR CAIRNS: Thank you, your Honour. We presented the reports to the unions on Monday of this week - actually it might have been Friday of last week, but it took a lot longer than we anticipated to get the report together. We have also interviewed all the permanents who applied for the plant services and ...... positions which was also part of the conditions or recommendations that we spoke about at the last occasion and we haven't filled those positions as yet. We find the point of view that we are still in dispute after the union has raised that as an issue so we will fill those positions as soon as we come to some sort of resolution.

PN8

So since then we have discussed or presented the reports to unions last week and asked them to report back to us. That happened on Tuesday of this week and since then we have also presented the report to the management team for their perusal and discussion. That's where we are at today simply because it took longer than expected, we haven't had much of a chance to do much for than that.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Neilson?

PN10

MR NEILSON: Yes, your Honour, the unions did meet with the company as a result of the production of the report that Mr Cairn's has identified. From the AMWUs point of view the report was helpful in terms of clarifying the amount of the supplementary labour that was engaged on the site and also what types of positions they were in. The review of the report that was undertaken by Mr Pond on behalf of the union, identified two positions in particular that had been required to be filled by the company for periods in excess of two to two and half years and those positions on my understanding are positions engaged in the plant services pot repairs area and they're fitter positions.

PN11

Mr Pond, upon undertaking the review that he did, contacted Mr Cairns in an effort to put a position to him that we believed would resolve the dispute as far as we were concerned, and that is that those two fitter positions which have been with the company for periods in excess of two and a half years should be made permanent immediately and those positions should be advertised immediately. My understanding was that Mr Cairns, on behalf of the company, recognised that those two positions as identified by Mr Pond was a matter of some concern. He indicated that the company would be likely to make those positions permanent but would want a few months for that to occur.

PN12

From the union's point of view, your Honour, that type of arrangement is not permitted by terms of the EBA. We maintain that we are not being unreasonable in requiring positions that have been required and work that has been required for periods in excess of two years to be filled immediately by permanent employees. That would be the position that the union would seek with respect to the ongoing dispute that currently exists between the parties. The other two matters that we would like to see going forward from the company, is that they maintain appearance to the recommendation that was made by the Commission that they should interview permanent, all permanent employees who apply for full time positions.

PN13

We believe that permanent employees should at least be given the chance to properly forward their case to management when applying for particular positions in the company. The third issue that we would like to see is a course that the parties, on my instructions, have been working on a policy with respect to recruitment and that was for the wages and career development policy. We would be seeking that policy negotiations continue on between the parties, both parties, towards expediting the resolution of that particular matter which we believe will address some outstanding issues in relation to this particular matter.

PN14

On that basis, your Honour, we would say that if that company, subject to anything ETU and the AWU have to support the views, if the company is willing to meet us in relation to the three propositions that we have put here today, then the substantive dispute before the Commission would be resolved at least.

PN15

THE SENIOR DEPUTY PRESIDENT: Mr Page?

PN16

MR PAGE: Thank you, your Honour. We support Mr Neilson's submissions. The CEPU would also raise out of Mr Cairn's report that, I reported back to
Mr Cairns that I believe two positions should be made permanent. There was one position of a Ray Hawks.

PN17

THE SENIOR DEPUTY PRESIDENT: Of who?

PN18

MR PAGE: Ray Hawks.

PN19

THE SENIOR DEPUTY PRESIDENT: You're identifying a person. Yes.

PN20

MR PAGE: Yes, to me this one is twofold. Ray has been engaged at Tomago since the 1 November 2003. He has been engaged on a full time basis and he has been also engaged in the same role. The company under their report have him down as specialist maintenance work, that is the criteria they have used to fit in the EA under the engagement of supplementary labour. The CEPU would say that this in incorrect. The actual work he has been doing is not specialised. It is the same work that all the electricians on site perform and that work he has been currently fulfilling for that 20 months that he has been engaged on that full time basis.

PN21

The other position is a Stephen Clarke. Stephen Clarke was first engaged on the 17 November 2003 and since then, over that 20 month period, Stephen has been engaged 16 months out of those 20 months. There was a three to four month period there where he did not fill on the Tomago site, but other than that those 16 months, Stephen Clarke has been at Tomago. He has been filling a variety of roles but based on the length of time that he has been there the CEPU would seek that he be made full time as well.

PN22

THE SENIOR DEPUTY PRESIDENT: Full time what though?

PN23

MR PAGE: A full time position at Tomago.

PN24

THE SENIOR DEPUTY PRESIDENT: So you are not identifying either the current position. It's a different position, as I understand it, than that put by
Mr Neilson in relation to his two identified positions and the encumbrance of which I don't know - need to know the names.

PN25

MR PAGE: Yes, I think, Mr Neilson can correct me if I am wrong, but his arguing that the positions be filled, I am not arguing. Mr Hawks probably goes a bit two ways on the position - - -

PN26

THE SENIOR DEPUTY PRESIDENT: I understand that. Yes, as Mr Clarke was the one. But still we can discuss that in conference, I understand. Sorry, just to clarify then, what is being sought is, confirmation in a permanent position and you can't identify what the position is, just the classification?

PN27

MR PAGE: For Mr Clarke?

PN28

THE SENIOR DEPUTY PRESIDENT: Yes.

PN29

MR PAGE: As an electrical position on the site.

PN30

THE SENIOR DEPUTY PRESIDENT: Yes.

PN31

MR PAGE: Mr Cairns replied and basically said that the company was of a different view and they wouldn't be engaging those people. That was all this time.

PN32

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Bryson?

PN33

MR BRYSON: Thank you, your Honour. First of all, the reason for my absence, on the 27 April before you, was the fact that I was in conference with Tomago before Senior Deputy President Hamberger and we were discussing the supplementary ..... metal hauler at the transport division of a liquid metal organisation. Just before that Commission conference the company did decide that they would put on the liquid metal hauler and make it a full time position, so that's four full time positions in the transport division. However, they, after engaging the services of supplementary labour for 23 months on a trial, they have decided now not to open up those positions necessarily to new positions, they may reorganise their department and fill it with permanents that are already there.

PN34

In other words, new positions may not become new positions as such but they may reorganise the division of the department. They have until the 15 July for the transport services to - following a decision, a review of the transport services to be commenced by the 13 May and completed - sorry commenced by 13 May and to be completed by the 15 July. We also, AWU all membership and delegates, are shocked at the amount of supplementary labour and temporaries on the site. Mainly supplementary labour have been there for several years and there are positions probably going to be offered or job offers clearly to be made, nine in fact in the electro department, five in the bake ovens and four in the rodding shop.

PN35

The expectation of the supplementary labour people who are filling those positions is that it's their job because they've been for up to a period of three years in some cases. Those - after this Commission, after today's hearing, I would imagine the Tomago management to be making those job offers. We do feel that there is other jobs in the bake ovens, the ..... department, where some four new factories guys were appointed there for wedging out, it is a special job that they're at the moment doing all aspects of the normal bake ovens operator work and we believe that they should be looked at and that less senior management, if I may put it way, suggests that we're correct, those guys have been filling that role, I believe, for 20 months. But the enormity of the review and the amount of time between when it was handed to us and today's Commission hasn't given us the time to even go through it in detail.

PN36

THE SENIOR DEPUTY PRESIDENT: I would not wish to cut across anything that Senior Deputy President Hamberger has recommended should occur and might be peculiar to the specific dispute before him. I will need to rely on you
Mr Brice and for me not be led down that path. I of course can speak to him and indeed I did report to him about this matter to try and minimise the chances of us cutting across what each is doing in accordance with the dispute, but we also need the parties to keep us informed about those matters. Mr Cairns, I will probably fairly soon adjourn into conference, anything you wish to say in reply?

PN37

MR CAIRNS: No. I would only add that part about Senior Deputy or your Honours Hambergers' submission before and I think that we can probably deal with most of these issues in conference.

PN38

THE SENIOR DEPUTY PRESIDENT: All right. We will adjourn into conference.

<NO FURTHER PROCEEDINGS RECORDED