AG2005/2873, Transcript of Proceedings [2005] AIRCTrans 443 (22 February 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10450

COMMISSIONER RAFFAELLI

AG2005/2873

s.170LJ - agreement with organisations of employees (division 2)

APPLICATION BY QANTAS AIRWAYS LIMITED AND OTHERS
(AG2005/2873)
Airline Officers (Qantas Airways Limited) Award 2000

SYDNEY

3.26PM, THURSDAY, 10 FEBRUARY 2005

PN1

MR J McKENZIE: I appear for Qantas Airways Limited, Qantas Flight Catering Limited, Qantas Holidays Limited, QH Tours Limited and Qantas Information Technology Limited and I have with me, MS S BUSSELL from the company.

PN2

MS L WHITE: I appear on behalf of the Australian Municipal Administrative Clerical and Services Union.

PN3

THE COMMISSIONER: Yes, Mr McKenzie.

PN4

MR McKENZIE: Yes. Thank you, Commissioner. This is an application under section 170LJ of the Act for a certification of the Australian Services Union Qantas Airway Limited Enterprise Agreement 7. If I could refer the Commission to the affidavit of Ms Bussell which has been filed with the application. Commissioner, we say that the statutory requirements of the Workplace Relations Act have been met in relation to the application, however, I wish to specifically take the Commission through a couple of points if I may. The agreement applies to Qantas Airways Limited, Qantas Flight Catering Limited, Qantas Holidays Limited, QH Tours Limited and Qantas Information Technology Limited, the awards which apply to the employees are the Airline Officers Qantas Airways Limited Award 2000, in the Airline Operations Salaried Staff Qantas Information Technology Limited Award 2003. Commissioner, the requirements of the Act have been met as it relates to the distribution of the agreement to the staff prior to the voting.

PN5

The ballot of employees was open from 17 January, this year and closed on
3 February and the new vote was declared on 3 February. The agreement was made available to staff in the week of 20 December and the 14 day period did not commence until towards the end of December. The agreement, if I may take you to clause 3 of the agreement, replaces those enterprise agreements which are listed in clause 5.2, they being Qantas Airways Limited Enterprise Agreement 1, 2 and 3, the Qantas Information Technology Limited Enterprise Agreement 3, the ASU for Qantas Information Technology Limited levels 1 to 10 agreement 4, and the ASU Qantas Airways Limited Agreements 4, 5, and 6. Commissioner, the agreement contains a disputes procedure at clause 19 and a period of operation clause which is contained in clause 3. The agreement expires on 30 June 2007.

PN6

The agreement, Commissioner, ends enterprise bargaining periods as outlined in items 7 to 10 of the affidavit, which are bargaining period 5361 of 2004, 5359 of 2004, 5360 of 2004 and 5358 of 2004. Commissioner, we would submit that the other statutory requirements of the Workplace Relations Act have been met. We also submit that there is nothing which is contained in the agreement that would prevent it from being certified in accordance with section 170LI. Ms White may wish to make submissions in relation to other matters and I would like to seek to respond to it if I may, but we would press the certification agreement. If the Commission, pleases.

PN7

THE COMMISSIONER: Yes. Thank you. Ms White.

PN8

MS WHITE: Commissioner, the ASU supports the submissions made by Mr McKenzie in relation to the technical matters contained in the statutory declaration of Ms Bussell. We also rely on our statutory declaration of Paul Slope, the national secretary, declared on 4 February. Commissioner, the matters I just wanted to take you to, and in relation to the Electrolux matters, the ASU supports the submissions of Mr McKenzie in relation to the contents of enterprise agreement. There are a couple of matters, Commissioner, that I want to take you to, in relation to some side correspondence which the ASU wants to table for the file, and I will explain and tender each of those documents in turn. Commissioner, in the enterprise agreement a couple of matters were detailed in letters, one letter from Ms Bussell, dated 13 December to myself and one letter from Mr Brown, the Executive General Manager of Qantas, also dated 13 December. Commissioner, if I could pass those up.

PN9

THE COMMISSIONER: Yes.

PN10

MS WHITE: Commissioner, I would just seek to tender each of those.

EXHIBIT #ASU1 LETTER FROM MS BUSSELL TO MS WHITE DATED 13/12/2004
EXHIBIT #ASU2 LETTER FROM MR BROWN TO MS WHITE DATED 13/12/2004

PN11

MS WHITE: Commissioner, the reason for tendering these are, in the first instance, the letter from Ms Bussell explained clause 26 of EBA 70. At the time at which we agreed this, there was some contention about salary sacrifice matters and this EBA does contain a clause, which in passing, first salary sacrifice, and this letter which was circulated with the enterprise agreement which people voted on, explains that in more detail, and that is the arrangements that are available to each of the staff in relation to salary sacrifice. As it now has transpired, it would appear the Full Bench has said that the matters that had previously been contemplated in a previous EBA, do pertain to the employment relationship but that is certainly the understanding from the parties and the staff about the meaning of clause 26. Another side matter was the annual delegates' conference again, which was part of the negotiations in the agreement and was processed, it was contained in a side level, though not in the agreement, but was circulated with the papers.

PN12

At the completeness again, ASU2 reflects the form of the letter that was circulated to staff at the time. Commissioner, the agreement is a comprehensive agreement but also involved another matter, which was an agreement between the parties to vary the two underlying awards in a short time about carer's leave, and this was also a matter that was contained - the letter itself wasn't contained in the material and I will tender the letter from Sue Bussell, dated 23 December to myself.

EXHIBIT #ASU3 LETTER FROM MS BUSSELL TO MS WHITE DATED 23/12/2004

PN13

MS WHITE: So, Commissioner, again, the reason for tendering this letter is again, it formed part of the overall agreement. We will, in a short period of time, file the necessary applications to vary the two awards for the agreement but for completeness so the Commission is aware of the full scope of the agreement, this is what we anticipate to occur soon in relation to the clauses as outlined in there. And it, again, talks about 7.2 in the EBA and that will be the variation that we proceed with. Commissioner, the file matter, probably to the relief of both this Commission and the parties, we have finally put together the EBAs, which were many in number as Mr McKenzie has detailed in clause 5.2. This agreement supersedes those previous agreements that have existed between the parties for some number of years and we have consolidated our agreement into one document for ease for ourselves and for anyone trying to read it.

PN14

In doing that, it was a long, arduous process to do so and, while the parties were confident that we had encapsulated everything that we had intended, some things were dropped out, clauses have gone, but we had intended to put everything in the final document the staff voted on but it's possible that we didn't. And the parties - that was never our intention - have also exchanged letters about that matter. Just to put on the record at this point in time that what we would see as a course of action for the parties if we have mistakenly omitted matters that we hadn't intended to do. So, Commissioner, I seek then to tender a letter from myself to Ms Bussell dated 21 December and a letter from Ms Bussell to me dated
4 February 2005.

EXHIBIT #ASU4 LETTER FROM MS WHITE TO MS BUSSELL DATED 21/12/2004
EXHIBIT #ASU5 LETTER FROM MS BUSSELL TO MS WHITE DATED 4/2/2005

PN15

MS WHITE: And certainly, the contents of those letters, Commissioner, is just that, again, if we had inadvertently omitted something that we had not intended to do that we would rectify that matter at the first opportunity to do so and it certainly - that was clearly our intention. And the material again circulated by the company and ourselves about the process of consolidation, certainly put to people that it wasn't intended to - there are things that have dropped out but there are - - -

PN16

THE COMMISSIONER: I see.

PN17

MS WHITE: Again, words and things could have been lost and that is our intention by that correspondence. Commissioner, I have tendered those matters just as clarification of some of the behind the scenes matters in the finalisation of this very large agreement. And it is certainly with great pleasure that we support the application for certification.

PN18

THE COMMISSIONER: Yes. Thank you. Anything to respond to Mr McKenzie?

PN19

MR McKENZIE: Commissioner, only that, as I have indicated to Ms White prior to these proceedings, these letters do not form part of the EBA. However, they do have their own status and Ms White has asked that those letters be placed on file and we do not object to that. Commissioner, I would like to thank the Commission for its assistance in listing this matter fairly quickly after we had filed the documents in the Commission. Commissioner, thank you.

PN20

THE COMMISSIONER: Thank you. This is an application to have certified an agreement that is to known as the Australian Services Union (Qantas Airway Limited) Enterprise Agreement 7. The parties to the agreement are the ASU and the five Qantas companies, for short. On the basis of the submissions and documentation, the Commission is satisfied with the relevant requirements of the Act and that the rules of the Commission have been complied with. Consequently, the agreement will be certified. It will come into force from
10 February 2005 and will remain in force until 30 June 2007, and on that basis these proceedings are now adjourned. Thank you.

<ADJOURNED INDEFINITELY [3.39PM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ASU1 LETTER FROM MS BUSSELL TO MS WHITE DATED 13/12/2004 PN10
EXHIBIT #ASU2 LETTER FROM MR BROWN TO MS WHITE DATED 13/12/2004 PN10
EXHIBIT #ASU3 LETTER FROM MS BUSSELL TO MS WHITE DATED 23/12/2004 PN12
EXHIBIT #ASU4 LETTER FROM MS WHITE TO MS BUSSELL DATED 21/12/2004 PN14
EXHIBIT #ASU5 LETTER FROM MS BUSSELL TO MS WHITE DATED 4/2/2005 PN14