AG2005/4057, Transcript of Proceedings [2005] AIRCTrans 1298 (10 June 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11739-1

SENIOR DEPUTY PRESIDENT ACTON

AG2005/4057

APPLICATION BY AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION-VICTORIAN BRANCH & CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION-VICTORIA BRANCH AND ANOTHER
s.170LS - Agreement about industrial dispute (Division 3)
(AG2005/4057)

MELBOURNE

1.14PM, MONDAY, 30 MAY 2005

PN1

MS C CHEW: I appear for the AMWU.

PN2

MR W McGUIRE: I appear for Downer Power Transmission Pty Ltd.

PN3

THE SENIOR DEPUTY PRESIDENT: Ms Chew?

PN4

MS CHEW: For what it is worth, your Honour, we note that there may be difficulties in the agreement.

PN5

THE SENIOR DEPUTY PRESIDENT: Tell me what they are.

PN6

MS CHEW: On my brief reading it is clause 6 and clause 10.

PN7

THE SENIOR DEPUTY PRESIDENT: Clause 6 and clause 10. Yes.

PN8

MS CHEW: Clause 6 simply needs some clarification as to the intention of the parties. And the intention of the parties is that previous certified agreements would apply to the extent that they are Electrolux compliant. So that is just a matter to be tidied up between the parties.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes. Okay.

PN10

MS CHEW: The other clause being clause 10.

PN11

THE SENIOR DEPUTY PRESIDENT: Clause 10. Yes, I see that.

PN12

MS CHEW: Clause 10.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes. It is problematic.

PN14

MS CHEW: Yes.

PN15

THE SENIOR DEPUTY PRESIDENT: So you will have to go back and re-do it. But there is also - clause 7.2 refers to appendix 1.

PN16

MS CHEW: I see.

PN17

THE SENIOR DEPUTY PRESIDENT: There is no appendix. At appendix
A there is no appendix A. Is it meant to be appendix 1?

PN18

MS CHEW: No. That might need to be clarified and amended if necessary.

PN19

THE SENIOR DEPUTY PRESIDENT: And again, we can't find appendices
2 and 3 mentioned in the agreement. Are they meant to be?

PN20

MR McGUIRE: Yes, they are, your Honour.

PN21

THE SENIOR DEPUTY PRESIDENT: Good. Where are they?

PN22

MR McGUIRE: They are certainly in my copy.

PN23

THE SENIOR DEPUTY PRESIDENT: Which clause? No, I have got them attached, they are just not mentioned in the body of the agreement. I have got appendix 2 and 3.

PN24

MR McGUIRE: Yes, they are. They are actually referred to, if you will just bear with me, in clause 6, Relationship to Certified Agreements.

PN25

THE SENIOR DEPUTY PRESIDENT: Clause 6?

PN26

MR McGUIRE: So the last sentence in clause 6.

PN27

THE SENIOR DEPUTY PRESIDENT: Yes. It is a reference to appendices
2 and 3 is it?

PN28

MR McGUIRE: Yes, it is.

PN29

THE SENIOR DEPUTY PRESIDENT: And probably appendix 1.

PN30

MR McGUIRE: But primarily it is appendix 2 and 3.

PN31

THE SENIOR DEPUTY PRESIDENT: Okay. Just when you re-do this agreement, can you actually make reference to which appendices? Because otherwise down the track when there is a fight over this agreement, if there is, somebody will be saying, well, hang on, there was appendices 9, 10 and 11 as well.

PN32

MR McGUIRE: Yes, your Honour.

PN33

THE SENIOR DEPUTY PRESIDENT: Okay.

PN34

MR McGUIRE: Could I just make one comment, your Honour?

PN35

THE SENIOR DEPUTY PRESIDENT: Yes.

PN36

MR McGUIRE: This agreement is quite important. The plant is actually been closed in September, so the agreement will probably be cancelled in September after the facility is closed down.

PN37

THE SENIOR DEPUTY PRESIDENT: Yes.

PN38

MR McGUIRE: So I got the changes to 7.2.

PN39

THE SENIOR DEPUTY PRESIDENT: Yes. The problem with clause 10 is there is a decision of Schefenacker by a Full Bench of this Commission presided over by the President, which says you cannot have a right of entry clause which refers to conducting legitimate union business. If you do have an agreement which refers to that it cannot be certified.

PN40

MR McGUIRE: Okay.

PN41

THE SENIOR DEPUTY PRESIDENT: So you have to go and re-do the whole agreement again and delete that when you do it.

PN42

MR McGUIRE: Could I then, on that basis, request that there is a commitment from the union that doesn't allow the agreement to be opened up for
re-negotiation? It has been quite a lengthy process to get to this stage.

PN43

THE SENIOR DEPUTY PRESIDENT: Ms Chew will give whatever commitment she likes, but I have got to tell you it will make absolutely no difference to my decision, because I just do not have the power to certify.

PN44

MR McGUIRE: Okay.

PN45

THE SENIOR DEPUTY PRESIDENT: If I do, then the Full Bench will overturn me.

PN46

MR McGUIRE: Okay.

<ADJOURNED INDEFINITELY [1.08AM]