AG2005/7686, Transcript of Proceedings [2005] AIRCTrans 2541 (29 December 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13584-1

COMMISSIONER REDMOND

AG2005/7684

APPLICATION BY FERRERO MANUFACTURING AUSTRALASIA PTY LTD
s.170LJ - Agreement with organisations of employees
(AG2005/7731)

SYDNEY

10.08AM, TUESDAY, 29 NOVEMBER 2005

PN1

MS N STREET: Of Australian Industry Group for Ferrero Manufacturing Australasia Pty Ltd.

PN2

MR I MORRISON: I appear on behalf of the Australian Manufacturing Workers Union. With me today on my near right is MR B O'KEEFE the AMWU organiser for the site and on my far right MS D SHARP the AMWU delegate for the site.

PN3

THE COMMISSIONER: I may indicate to the parties that in relation to this matter prior to coming in to the hearing this morning I had a telephone conversation with the Australian Workers Union who rang to protest me failing to notify them of the hearing this morning and indicating to me that they wish to intervene in this matter and asking me to adjourn the proceedings so as that they could put their fears to me and seek leave to intervene.

PN4

I have indicated to the Australian Workers Union that to the best of my knowledge they are not parties to the agreement that is placed before me today and that the only parties to that agreement are the Automotive Food, Metals & Engineering Union and Ferrero themselves. I indicated to them that I found the documentation before me today to be proper and I would proceed to deal with the matter today. Yes Ms Street, is it? Yes.

PN5

MS STREET: Thank you, Commissioner. For the record, Commissioner, the company would also oppose any intervention from the AWU.

PN6

THE COMMISSIONER: Well they can do that if there is an appeal. We are not worried at the moment. We are going to deal with the matter. Carry on.

PN7

MS STREET: Thank you, Commissioner. Commissioner, this is an application made under Division 2 of Part VIB of the Act for certification of an agreement made in accordance with section 170LJ. The terms of the agreement were reached between the company and the AMWU. The parent awards to this agreement, Commissioner, are the Metal, Engineering & Associated Industries Award 1998 and the Confectioners State Award. The parties have prepared statutory declarations which we believe meet all the requirements of the Act, rules and regulations of the Commission and we further submit that all the requirements of the Act have been met.

PN8

The agreement, we submit, does not disadvantage the employees covered by it and a valid majority of employees did approve the agreement on 14 November 2005. Further Commissioner, access to the agreement and an explanation of the terms of the agreement did occur in accordance with the Act and further the agreement contains a dispute settlement procedure at clause 37 which empowers the Commission if necessary to arbitrate on matters that are in dispute. The agreement will expire on 31 August 2008 and we understand that it will terminate the bargaining period of BP344105. We therefore request that the Commission certify the agreement in the terms sought. If it pleases.

PN9

THE COMMISSIONER: Ms Street, can you tell me please for the record how the ballot was conducted for the acceptance of this agreement and whether all the employees covered by the agreement had the opportunity to vote or was it a vote of one organisation only for I fear that there may be two organisations represented at the plant.

PN10

MS STREET: Thank you Commissioner. All employees subject to the agreement including those AWU member employees were given the opportunity to participate in the vote. The vote was conducted by a show of hands through – via a meeting that was convened by the company and I believe the AMWU. There were some employees who elected not to participate but were indeed given the opportunity to vote for this agreement.

PN11

THE COMMISSIONER: Thank you, Ms Street. Yes Mr Morrison.

PN12

MR MORRISON: Yes Commissioner. Firstly I can support Ms Street's submissions with regard to the ballot and if necessary not at this time but other times we may be able to supply actual confirmation of those very intentions. However for the purposes of the certification of this agreement which is before the Commission today we submit that it does meet the requirements of the Act and the rules and regulations of the Commission. We request certification from today's date and unless you have any further questions I shall leave it there.

PN13

THE COMMISSIONER: Thank you, Mr Morrison. In accordance with section 170LT of the Workplace Relations Act 1996 the Commission hereby certifies the attached written agreement. This agreement shall come into force from today's date and remain in force until 31 August 2008. The Commission stands adjourned on this matter. If you wait you can have your certificates.

PN14

MR MORRISON: We shall wait.

<ADJOURNED INDEFINITELY [10.13AM]