C2005/5569, Transcript of Proceedings [2005] AIRCTrans 2624 (30 December 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13699-1

COMMISSIONER BLAIR

C2005/5569

HELLA AUSTRALIA PTY LTD
AND
AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION NATIONAL UNION OF WORKERS AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION THE AUSTRALIAN WORKERS’ UNION TRANSPORT WORKERS’ UNION OF AUSTRALIA
s.99 - Notification of an industrial dispute
(C2005/5569)

MELBOURNE

9.39AM, FRIDAY, 09 DECEMBER 2005

Continued from 24/11/2005

PN24

MR D SULLIVAN: I appear for the Australian Industry Group on behalf of Hella Australia Pty Ltd with me is MR C COTERALL from the company.

PN25

MR J COONEY: I appear in exchange for Mr B Redford for the LHMU.

PN26

THE COMMISSIONER: Who’d like to lead off. Thanks Mr Sullivan.

PN27

MR SULLIVAN: Thanks, Commissioner. The company has asked for this hearing again Commissioner, to try and resolve this issue. I don’t think we really need to go into a lot of the detail that was spoken about last time. Really, just to remind people that Hella is a new automotive component sector. It works under a just in time system. The company itself has two divisions. One division is manufacturing in which currently is making a loss. They have some new products next year which will get them in the right part of the books which will make – they’ll then make a profit. It’s been well documented about other automotive component sector companies who have closed down because of these type of issues.

PN28

We have to – the company has to service its customers. It’s been well documented they are in a back order situation and these customers are demanding that they do service and meet in accordance with their schedules. They are currently still have a live EBA which has a no extra claims clause. We say that they are now breaking that clause. What we’ve asked – we want the Commission to do is leave the union in no doubt that anything they do on that last day will be unprotected action. If we don’t get agreement today Commissioner, we’d certainly have no alternative to lodged a 127 application. We believe we’ve made a significant compromise with the offer that was put to the employees. Which the union has now told us is totally rejected.

PN29

So really we come here today Commissioner, to ask you to try and get the union to see that the company compromise is fair and reasonable. Considering that they go through a process every three years to talk about EBA and it is not done in five minutes it is done over a period of time. If the union thought strongly about it then they should included it in the EBA.

PN30

THE COMMISSIONER: Thank you. Mr Portelli do you wish to lead on.

PN31

MR PORTELLI: Thank you Commissioner. From the NUW’s perspective firstly it’s very premature to be talking about 127 applications. We’re here to try to resolve the matter. It be our view that the parties should move into conference mode sooner rather than later so that we can discuss the range of options that the union and it’s members have already considered amongst themselves and are happy to discuss with the company. If the Commission pleases.

PN32

THE COMMISSIONER: All right is that the view of the other unions as well?

PN33

MR COONEY: Yes. Yes, conference.

PN34

THE COMMISSIONER: Mr Sullivan do you have any objections to that?

PN35

MR SULLIVAN: No Commissioner.

PN36

THE COMMISSIONER: All right the Commission will go into conference.

<NO FURTHER PROCEEDINGS RECORDED ]