AG2005/4285, Transcript of Proceedings [2005] AIRCTrans 1413 (29 June 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11904-1

COMMISSIONER TOLLEY

AG2005/4285

APPLICATION BY CONNEX TRAINS MELBOURNE & AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION-VICTORIAN BRANCH - RAIL OPERATIONS DIVISION
s.170MD(2) - Variation of certified agreement by employer or union
(AG2005/4285)

MELBOURNE

10.57AM, THURSDAY, 16 JUNE 2005

PN1

MR C SHAW: I appear for Connex Melbourne.

PN2

MR V MOORE: I appear on behalf of the RTBU Rail Operations Divisions.

PN3

THE COMMISSIONER: Thank you. Mr Shaw.

PN4

MR SHAW: Thanks, Commissioner. Commissioner, we had a similar matter before you last week involving Connex Melbourne's locomotive drivers. This is an application under 170MD(2) to vary the Connex Melbourne Certified Agreement. As explained to the Commission last week, Connex had an indication that it may well be responsible for running the whole of Melbourne's public transport rail network when the certified agreement was negotiated in 2003 and therefore included provision at clause 4.2 for it to be varied at some stage in the future to enable the parties to reflect changes that were needed to its operation to improve the efficiency and to assist with the integration of the two systems. An agreement for the locomotive drivers was approved last week as a variation to that certified agreement. We now have one for effectively the rest of the employees that are covered by award, such as our station staff, signalling and operations, customer service type employees.

PN5

There is a number of key initiatives included in that that adequately fund the cost of a further wage increase and so Connex is satisfied with that. Importantly, it includes the recognition that the integration of the networks are complete and importantly, a provision that an application will be made to the Commission to set aside the M Train Certified Agreement which covers part of the employees that came to Connex under transmission of business provisions. And that is a big cultural thing, we believe, for the company. There had been adequate consultation with our employees. Mr Moore will speak on that. But a valid majority of employees covered by the certified agreement voted in favour of it being varied in accordance with the application. I would commend to the Commission to approve the application. Thank you.

PN6

THE COMMISSIONER: Yes. Thanks, Mr Shaw. Mr Moore?

PN7

MR MOORE: Yes, Commissioner. In relation to the points raised by Mr Shaw, we had approximately 44 meetings held within about a week across all the areas covering the rail operations division. They were done in terms of circulars going out to our membership in advance prior to those meetings being undertaken. Delegates were present at those meetings, a list of people who attended the meetings were also kept and management also represented at those meetings as well where the votes were undertaken. A clear majority of our members voted in favour of endorsing the documentation in relation to the two per cent as well as we also had in the signalling grades, the situation whereby, then due to operational circumstances because the trains were still running at that stage, had the opportunity of also being able to put in like an absentee voting slip in relation to endorsing or not endorsing the documentation.

PN8

THE COMMISSIONER: Yes. Thanks, Mr Moore. Well, the Commission is satisfied that the application is proper before the Commission pursuant to section 170MD(2) of the Workplace Relations Act, the certified agreement between Connex Melbourne and the appropriate union. Most importantly, the Connex Train Melbourne Enterprise Agreement 2003-2006 provides at clause 4.2 for the negotiation of other agreements and in doing it at that time, it envisaged an agreement of the sort, or a supplementary agreement of the sort before the Commission being made. The Commission is satisfied the employees have been properly briefed and properly voted on the agreement and support the supplementary agreement. Accordingly, the supplementary agreement between Connex Melbourne and the Rail Operations and Surrogate Administrative Divisions of the Australian Rail, Tram and Bus Union, it is certified from today's date. And I congratulate the parties on their success. Commission adjourned. Thank you.

<ADJOURNED INDEFINITELY [11.02AM]