AG2005/4400, Transcript of Proceedings [2005] AIRCTrans 1752 (22 August 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12463-1

SENIOR DEPUTY PRESIDENT O’CALLAGHAN

AG2005/4400

APPLICATION BY THE AUSTRALIAN WORKERS’ UNION - GREATER SOUTH AUSTRALIAN BRANCH & CORPORATION OF THE CITY OF PORT AUGUSTA
s.170LS - Agreement about industrial dispute (Division 3)
(AG2005/4400)

AG2005/4402

APPLICATION BY THE AUSTRALIAN WORKERS’ UNION - GREATER SOUTH AUSTRALIAN BRANCH & REGIONAL COUNCIL OF GOYDER
s.170LS - Agreement about industrial dispute (Division 3)
(AG2005/4402)

ADELAIDE

2.44PM, TUESDAY, 09 AUGUST 2005

PN1

MR N LLEWELLYN-JONES: I appear for the Australian Workers' Union.

PN2

MS L JAMES: I appear on behalf of the Regional Council of Goyder.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, thank you Ms James. Now, the purpose of the hearing in relation to this matter has been set out at some length in the matter of the Coorong District Counsel Enterprise Agreement No 4 of 2004. In effect, the question that I have raised with the parties is the only outstanding issue which could represent an impediment to certification, as all other matters had been dealt with through an e-hearing process. The issue arises in these two agreements in somewhat similar terms, and that the agreements provide for the payment of part of sick leave entitlements, and given that the applications have been made under Division 3 of Part VIB, give rise to a question as to the extent to which there is ambit for that particular claim.

PN4

Mr Llewellyn-Jones, I understand the AWU position to be the same as that which you set out most comprehensively for me in the Coorong District Council Enterprise Agreement No 4 matter, and that you would wish to adopt those submissions relative to this particular matter, and in doing so, incorporate consideration of these two matters in the written submissions that you are going to provide over the next week or so. Is that the case?

PN5

MR LLEWELLYN-JONES: It places me in a somewhat difficult position, because of course I said so just only two minutes ago, but yes it is.

PN6

THE SENIOR DEPUTY PRESIDENT: Have you changed your mind?

PN7

MR LLEWELLYN-JONES: Only to this extent, which is that I suspect that there is some capacity, only in this agreement, because it talks about - - -

PN8

THE SENIOR DEPUTY PRESIDENT: Which of the two, given that we've
got - - -

PN9

MR LLEWELLYN-JONES: Clause 15 of the Goyder agreement that the role of this clause is to increase productivity and reduce absenteeism, and because it states that purpose so clearly in the clause, the AWU is of the view that there is some capacity to suggest that it may actually fall within claim 12 of the log of claims.

PN10

THE SENIOR DEPUTY PRESIDENT: I see.

PN11

MR LLEWELLYN-JONES: With that one supplementary issue now flagged, the AWU - - -

PN12

THE SENIOR DEPUTY PRESIDENT: So, we'd be under payment by results.

PN13

MR LLEWELLYN-JONES: With that one issue now flagged, the AWU agrees with its previous statements.

PN14

THE SENIOR DEPUTY PRESIDENT: All right, thank you. Presumably, if you want to expand upon that issue, you would do so in the written submissions. Is that the case?

PN15

MR LLEWELLYN-JONES: Precisely.

PN16

THE SENIOR DEPUTY PRESIDENT: Thank you. Ms James, am I correct in understanding that you concur fundamentally with the AWU position and would intend to liaise with Mr Llewellyn-Jones in terms of his written submissions, so as to be able to express a common view in relation to those positions.

PN17

MS JAMES: Yes, sir. It may not be a common view, but certainly we do want to consider what the union puts forward to you sir, and then respond accordingly.

PN18

THE SENIOR DEPUTY PRESIDENT: Very well, thank you. It remains for me to say that as soon as I receive that information, I will consider it. If I'm in a position to endorse certification of the three agreements or indeed any one of the three, then I would do so from the date upon which I receive that written material. If I'm not able to do so, I will set out the reasons for my approach and provide them to the parties as soon as practical. Are you happy with that approach
Mr Llewellyn-Jones?

PN19

MR LLEWELLYN-JONES: Yes, I am thank you.

PN20

MS JAMES: Yes, sir, thank you.

PN21

THE SENIOR DEPUTY PRESIDENT: Very well, I'll adjourn the matter on that basis.

<ADJOURNED INDEFINITELY [2.50PM]