C2004/4776, Transcript of Proceedings [2005] AIRCTrans 438 (22 February 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10449

SENIOR DEPUTY PRESIDENT ACTON

C2004/4776

S.170LW - application for settlement of dispute (certification of agreement)

Smorgon Steel Mill
and
The Australian Workers' Union
(C2004/4776)
Smorgon (Steel Mill) Certified Agreement 2003

MELBOURNE

12.06PM, THURSDAY, 10 FEBRUARY 2005

Continued from 24/08/2004

PN1

MR C GUGLIELMINO: I am representing Smorgon Steel along with
MR CONDAN.

PN2

MS T STEVENS: I appear for the AWU and with me is one of the site delegates, MR D. COLEMAN.

PN3

THE SENIOR DEPUTY PRESIDENT: Mr Guglielmino, this is a report back.

PN4

MR GUGLIELMINO: Thank you your Honour. Your Honour since we were before you last, back in September last year, the company has commissioned the time machines as was proposed at our last hearing, and since then we have been going through a trial period of the implementation of a range of aspects relating to the commissioning and operation of the time machines, and we have been working in accordance with the implementation guidelines that are detailed in exhibit G2, headed up, A Rolling Mill Discussion Paper 12 May 2004.

PN5

From the company's part, your Honour, the implementation of the document and the commission and operation of the time machines have gone very successfully and with very little teething problems along the way. From our part we would be happy to go into private conference and discuss any matters that the union or our delegate may have in relation to any aspects of the implementation to date. If the Commission pleases.

PN6

THE SENIOR DEPUTY PRESIDENT: Ms Stevens.

PN7

MS STEVENS: Thank you, your Honour. I understand from the site delegate that discussions have been taking place and that the company have implemented almost everything that was an issue or a grievance. That includes absenteeism, product exemptions, quality contractor flexible hours, cap assistance with strapping. What is outstanding however is annual leave. We are still not in a position where we have an agreement on the way that annual leave should work, and a couple of other small issues, an initiative to reduce ancillary duties and operators, I believe. I am prepared to go into conference. I do hope
Mr Guglielmino has some solutions for us, or he is certainly prepared to talk. But we are happy to do that, your Honour.

PN8

THE SENIOR DEPUTY PRESIDENT: I intend to adjourn for a conference
Mr Guglielmino.

PN9

MR GUGLIELMINO: Thank you your Honour.

PN10

THE SENIOR DEPUTY PRESIDENT: I will adjourn for the conference.

<SHORT ADJOURNMENT [12.09PM]
<RESUMED [12.43PM]

PN11

THE SENIOR DEPUTY PRESIDENT: We have had some discussions in conference. In light of that the position reached will be put on the transcript. Mr Guglielmino, can you report on what your understanding of the position reached is?

PN12

MR GUGLIELMINO: Thank you your Honour. Two areas of discussion in conference have been in relation to clause 6, annual leave and clause 7, other matters.

PN13

THE SENIOR DEPUTY PRESIDENT: Of G2?

PN14

MR GUGLIELMINO: Exhibit G2, your Honour, yes. The parties have agreed to accommodate the annual leave arrangement, as the union has indicated that there was concerns regarding the limitation of the second person being on annual leave To one shift cycle and the company is prepared to agree to delete the second sentence of clause 6 to provide for the second employee on annual leave under the same arrangements as the first employee on annual leave. The company has expressed a concern that it may impact on the skill level of the shift by way of the use of contractors who may not be able to have the same skill levels as a permanent employee on the site, or on that particular shift.

PN15

The union has indicated that it is prepared to facilitate, on a case by case basis, discussions on those occasions if there are issues in relation to appropriate skill level on the shift concerned. Should that sort of issue continue to be a matter of concern to the company or to the union, either party would be able to access the Commission to assist in any matter that may arise in implementing that aspect of the clause. In relation to item 7, the company has indicated that it will put some further resources in facilitating the arrangements under that clause, both in terms of development and implementation of some changes in relation to the utilisation of bins and other matters associated with that, and it is my understanding that a period of up to about eight weeks could be required to allow that to occur.

PN16

In the meantime, as each step of those changes occur, we will be ensuring that the delegate and the employees in the area concerned will be kept abreast of the progress of those changes to occur. Your Honour, that is my understanding of the discussions that have taken place over the last half an hour or so. If the Commission pleases.

PN17

THE SENIOR DEPUTY PRESIDENT: Ms Stevens, are you content with that arrangement?

PN18

MS STEVENS: Thank you, your Honour. I am content with that arrangement and that is how we understand it. I would just like to stress however, on the annual leave, if the union or our members feel that the flexi hours are being over used we do have the right to revisit the situation either in-house or seek the assistance of the Commission.

PN19

THE SENIOR DEPUTY PRESIDENT: Thank you. I will now adjourn.

<ADJOURNED INDEFINITELY [12.47PM]