AG2005/6074, Transcript of Proceedings [2005] AIRCTrans 2331 (9 November 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13333-1

SENIOR DEPUTY PRESIDENT ACTON

AG2005/6074

APPLICATION BY SEALED AIR AUSTRALIA PTY. LTD.
s.170LK - Agreement with employees (Division 2)
(AG2005/6074)

MELBOURNE

11.17AM, THURSDAY, 27 OCTOBER 2005

PN1

MR M BEZZINA: I am representing the employer, your Honour, Sealed Air and I have got with me MR D GARBETT. He is one of the two employees at the site, your Honour. We are here to - - -

PN2

THE SENIOR DEPUTY PRESIDENT: How do you spell your surname?

PN3

MR BEZZINA: Sorry?

PN4

THE SENIOR DEPUTY PRESIDENT: How do you spell your surname?

PN5

MR BEZZINA: B-e-z-z-i-n-a.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Bezzina.

PN7

MR BEZZINA: We are here to ask the Commission to ratify an agreement under section 170LK Division 2 for the site. Thank you.

PN8

THE SENIOR DEPUTY PRESIDENT: Mr Bezzina, in clause 13 of the agreement there is a disputes procedure.

PN9

MR BEZZINA: Yes.

PN10

THE SENIOR DEPUTY PRESIDENT: And at the end of the day if the matter is not resolved the parties will jointly or individually refer the matter to the Australian Industrial Relations Commission for resolution.

PN11

MR BEZZINA: Yes.

PN12

THE SENIOR DEPUTY PRESIDENT: Does resolution embrace the Commission being able to privately arbitrate the matter?

PN13

MR BEZZINA: Yes, your Honour.

PN14

THE SENIOR DEPUTY PRESIDENT: Thank you. Also Mr Bezzina, in clause 7 of the agreement there is the classification structure.

PN15

MR BEZZINA: Yes your Honour.

PN16

THE SENIOR DEPUTY PRESIDENT: How does that classification structure compare with that in the Rubber, Plastic & Cablemaking Industry General Award?

PN17

MR BEZZINA: It does compare quite well, your Honour and it actually, the rates are higher than the award itself.

PN18

THE SENIOR DEPUTY PRESIDENT: Yes I am just asking about the structure not the rates. Is the classification structure the same?

PN19

MR BEZZINA: Yes it is, well it is very similar to it because it is the nature of the work that we are doing there. We have compared it to the award.

PN20

THE SENIOR DEPUTY PRESIDENT: So how does it differ?

PN21

MR BEZZINA: I suppose some of the tasks that are listed under the award is probably a bit more detailed than what we have got in here, that is all. I am not quite sure to be quite honest.

PN22

THE SENIOR DEPUTY PRESIDENT: You see one of the difficulties for me, Mr Bezzina, is if it is a classification structure that differs from the award then notwithstanding the fact that the rates might be higher than the award.

PN23

MR BEZZINA: Yes.

PN24

THE SENIOR DEPUTY PRESIDENT: If the classification structure in the agreement enables you to classify someone lower.

PN25

MR BEZZINA: I understand. Yes.

PN26

THE SENIOR DEPUTY PRESIDENT: They may indeed be worse off, notwithstanding the theoretically higher rates. That is why I asked the question about how it is different.

PN27

MR BEZZINA: Just going by what, if my memory serves me right if I could just bring up the award, your Honour. Reading the award I would say it is very similar to the award, your Honour.

PN28

THE SENIOR DEPUTY PRESIDENT: Do you have the award there that I can have a look at?

PN29

MR BEZZINA: Yes.

PN30

THE SENIOR DEPUTY PRESIDENT: How many hours a week do these employees work? Is it a 38 or 40 hour week?

PN31

MR BEZZINA: They are working 40 hours, your Honour.

PN32

THE SENIOR DEPUTY PRESIDENT: So these are rates for a 40 hour week?

PN33

MR BEZZINA: Yes.

PN34

THE SENIOR DEPUTY PRESIDENT: The award provides for a 38 hour week?

PN35

MR BEZZINA: Yes.

PN36

THE SENIOR DEPUTY PRESIDENT: In clause 6.3 of the statutory declaration.

PN37

MR BEZZINA: Yes.

PN38

THE SENIOR DEPUTY PRESIDENT: It said in regard to clause 6.3 that you are asked to identify by referring to a specific clause in the agreement any reductions in terms or conditions of any relevant or designated award.

PN39

MR BEZZINA: Yes.

PN40

THE SENIOR DEPUTY PRESIDENT: And there says there is no such reductions. Is that right in light of the answer you have just given about employees under the agreement working a 40 hour week instead of a 38 hour week?

PN41

MR BEZZINA: I do believe that, your Honour, yes.

PN42

THE SENIOR DEPUTY PRESIDENT: Well how can it be right because that is a reduction, isn't it?

PN43

MR BEZZINA: They are working 40 hours. We haven't got an agreement for the, for say an RDO so they have been working all along at the 40 hour week.

PN44

THE SENIOR DEPUTY PRESIDENT: They might have been working all along as a 40 hour week, Mr Bezzina, but the award provides for 38 hours and this agreement provides for 40 hours. That is at least one reduction in terms of the agreement and yet your answer in the statutory declaration says there is no reductions. The statutory declaration is wrong, isn't it?

PN45

MR BEZZINA: I am sorry?

PN46

THE SENIOR DEPUTY PRESIDENT: The statutory declaration is wrong.

PN47

MR BEZZINA: Well when we negotiated the agreement we were talking in terms to the people about the 40 hour week and also getting paid as such in regards to the 40 hours so we never discussed the reduction to the 38.

PN48

THE SENIOR DEPUTY PRESIDENT: Yes I know, but mine is quite a simple question. The statutory declaration asks you what are the reductions in the agreement.

PN49

MR BEZZINA: Yes.

PN50

THE SENIOR DEPUTY PRESIDENT: Vis-a-vis the award. The answer that is given there on a statutory declaration signed by yourself is there are no such reductions. On the face of it there are reductions. The award provides for a 38 hour week and the agreement provides for a 40 hour week.

PN51

MR BEZZINA: Maybe I overlooked that point, your Honour.

PN52

THE SENIOR DEPUTY PRESIDENT: How many employees are covered by the agreement, Mr Bezzina?

PN53

MR BEZZINA: They were given copies of it, your Honour.

PN54

THE SENIOR DEPUTY PRESIDENT: How many?

PN55

MR BEZZINA: Two.

PN56

THE SENIOR DEPUTY PRESIDENT: Two employees.

PN57

MR BEZZINA: There are two people. Sorry?

PN58

THE SENIOR DEPUTY PRESIDENT: Two people are covered by the agreement?

PN59

MR BEZZINA: That is right, your Honour. So we have spoken to the two employees all the way through and given - - -

PN60

THE SENIOR DEPUTY PRESIDENT: And is one of them here?

PN61

MR BEZZINA: Yes there is.

PN62

THE SENIOR DEPUTY PRESIDENT: I am sorry, what is your name?

PN63

MR GARBETT: Daniel Garbett.

PN64

THE SENIOR DEPUTY PRESIDENT: Okay. What level are you employed at, Mr Garbett?

PN65

MR GARBETT: Two.

PN66

THE SENIOR DEPUTY PRESIDENT: Manufacturing level 2 are you?

PN67

MR GARBETT: Yes.

PN68

THE SENIOR DEPUTY PRESIDENT: What does the company do, Mr Bezzina?

PN69

MR BEZZINA: We make bubble wrap, your Honour.

PN70

THE SENIOR DEPUTY PRESIDENT: Is that an area facing increasing competition from overseas?

PN71

MR BEZZINA: Yes it is unfortunately.

PN72

THE SENIOR DEPUTY PRESIDENT: So what is the size of your work force?

PN73

MR BEZZINA: Two employees and two on staff, your Honour and we do have a couple of people on casual from time to time. It is the one machine that - - -

PN74

THE SENIOR DEPUTY PRESIDENT: And the other employee is engaged at which level?

PN75

MR BEZZINA: He is a level 3.

PN76

THE SENIOR DEPUTY PRESIDENT: Level 3. Thank you. Thank you, Mr Bezzina. Well having regard to the material contained on the file in this matter and also the submissions put to me I am satisfied I should certify the agreement known as the Sealed Air Australia Pty Ltd (Doveton) Site Enterprise Agreement 2005. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations. The certification of the agreement will come into force from today's date and remain in force until 26 October 2008.

PN77

MR BEZZINA: Thank you, your Honour.

<ADJOURNED INDEFINITELY [11.32AM]