C2005/4476, Transcript of Proceedings [2005] AIRCTrans 2595 (30 December 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13800-1

SENIOR DEPUTY PRESIDENT DRAKE

C2005/4476

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION
AND
CONNELL WAGNER PTY LTD
s.99 - Notification of an industrial dispute - Log of claims
(C2005/4476)

SYDNEY

2.09PM, FRIDAY, 16 DECEMBER 2005

PN1

MS L BOOTH: I appear for the AMWU.

PN2

MR A UMANSKY: I seek leave to appear for the respondent.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you.

PN4

MS BOOTH: Thank you your Honour. This matter has been brought to the attention of the Commission as the AMWU is seeking the assistance of the Commission in resolving the dispute that was found between the AMWU and Connell Wagner on 11 October of this year. The notice of listing and the draft award was provided to the respondent on 25 October and copies of the draft award have been recently provided to the Commission.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes.

PN6

MS BOOTH: The AMWU is seeking that Connell Wagner be roped into the Metal Engineering Associated Industries Award Part 1, 2 and 5 and also the Metal Engineering and Associated Industries Superannuation Award 2000. Your Honour, the people on whom this dispute was made were technical and supervisory staff as employed by Connell Wagner. Principally staff employed as drafts people, technical officers both placed in laboratory and non-laboratory functions and surveyors. These people are eligible to be members of the AMWU and it is on their behalf that we are seeking this roping-in application. The AMWU wish to make it clear that this application is not intended to include those employees engaged by Connell Wagner as professional engineers as defined by the Technical Services Professional Engineers Consulting Engineers Award of 1998.

PN7

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Umansky.

PN8

MR UMANSKY: Your Honour, I acknowledge service of the draft awards. I also note and accept and rely on the assurance given by the AMWU in relation to coverage of professional engineers with the company. The company’s position is that they are not opposed to the applications both in relation to the main industry award and the superannuation award mentioned by my college, if your Honour pleases.

PN9

THE SENIOR DEPUTY PRESIDENT: All right. Given the submissions of both parties I’ll make the roping-in award in relation to the main award and the superannuation award. I’ll note on the transcript that the application does not extend to the professional engineers employed by those parties that Mr Umansky represents. I’ll provide a copy of the transcript to both parties, noting that condition and I’ll issue the award. Do you have a draft order Ms Booth?

PN10

MS BOOTH: Certainly your Honour, electronic copies of those orders have been provided to your associate.

PN11

THE SENIOR DEPUTY PRESIDENT: Then I’ll make the orders as of today’s date thank you.

<ADJOURNED INDEFINITELY [2.12PM]