C2004/6672, Transcript of Proceedings [2005] AIRCTrans 843 (5 April 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11067-2

COMMISSIONER LEWIN

C2004/6672

QENOS PTY LTD
AND
THE AUSTRALIAN WORKERS' UNION
s.170LW - Application for settlement of dispute (certification of agreement)
(C2004/6672)

MELBOURNE

2.21PM, THURSDAY, 24 FEBRUARY 2005

Continued from 26/11/2004

Hearing continuing

PN1

THE COMMISSIONER: Good afternoon. I have re-listed this matter after some time has elapsed.

PN2

MR LAST: You have. Time has gone by.

PN3

THE COMMISSIONER: Yes, time has elapsed and as a result I don't feel particularly confident that I know where the matter is up to. Who is going to report?

PN4

MR LAST: I will have a robust go at it, Commissioner, if you like. I appear on behalf of Qenos.

PN5

THE COMMISSIONER: All right. Thank you, Mr Last. Have you appeared in this matter before?

PN6

MR LAST: No, I haven't, I thought I would take that opportunity.

PN7

THE COMMISSIONER: Well, I'll note the change of appearances.

PN8

MR LAST: Commissioner, for the sake of completeness it might be best just to go back and re-chart where we came from. We were last before you on this particular matter number on Friday 26 November 2004, whence some transcript flowed from that and I won't take you boringly to he said, she said. But at the conclusion of that, Commissioner, you may recall that WorkSafe were in the throes of completing a comprehensive safety report in relation to the Resins Granulation Plant. We are pleased to be before you today just to update you and apprise you of what has occurred.

PN9

WorkSafe had actually issued the final report approximately the end of January this year, 2005. And we had an opportunity to sit down with the AWU officials and shop stewards et cetera, on the plant on Tuesday 22 February where as a postscript to the report itself there were four key items that were actionable as a consequence of that report. So we have addressed those particular issues in some detail, the parties have reached a in principal accord around them and I would like to hand up to you for your file a draft of the agreed proposal, Commissioner.

PN10

THE COMMISSIONER: Very well.

EXHIBIT #N3 IN PRINCIPAL ACCORD

PN11

MR LAST: Now, Commissioner, in conjunction with the actual WorkSafe report, I would just like to note with yourself that you have, during the fullness of time, received a copy on the authority.

PN12

THE COMMISSIONER: Yes.

PN13

MR LAST: Commissioner, if I can just familiarise you with this document just briefly. At the outset this goes to this particular C matter number that was the dispute and you will see on page 1 that we lift from the executive summary word for word what it was reported in the summary from WorkSafe and then you will see a capture of the detail that is the proposed agreement between the parties. And without chapter and verse taking you to each one of those, you can just see from that that not dissimilar to the Plastics dispute that was before you more recently and concluded, we are attempting to replicate, if you like, the process steps that resulted in a successful conclusion to that matter and we are trying to achieve that in this matter.

PN14

So if it isn't broke we don't presume to fix it. The essential detail varies slightly from the Plastics report as you would expect to the Resins Granulation report, however we have had a robust go the other day in trying to get all these matters addressed and put to bed. I would suggest, Commissioner, subject to what we hear from Mr Winter from the AWU, that it was put to you on 26 November that these matters be dealt with expeditiously as a consequence of the WorkSafe report being finalised. We are still in a position where we haven't altered our tune, we would like to finalise this matter with all due diligence rapidly. And so, on that basis, Commissioner, I will just leave it there just for the moment. Thank you.

PN15

THE COMMISSIONER: Very well. Yes, Mr Winter?

PN16

MR WINTER: Thank you, Commissioner. Yes, I can report that N3 is a draft proposal that has basically been agreed to by the delegates and the officials involved in the process, including OH and S officials. It hasn't been agreed to by the membership as yet and it will be going to a mass meeting of members. I believe that the negotiating committee will be recommending it. As has been stated, it didn't in many ways follow the Plastics resolution and Plastics, I suppose, set the parameters and made it a bit easier. So this document will be going to that mass meeting. I would propose, Commissioner, that if this proposal is adopted then the matter basically would be closed and the matter would - - -

PN17

THE COMMISSIONER: Well, the Commission could formally record that the reference to the Commission should be settled in accordance with the terms of N3.

PN18

MR WINTER: Correct. Unless during the process there was some problems, we wouldn't envisage we would need to come back here. If the proposal was rejected by the membership, of course we would bring it back in accordance with the original 170LW application. If I could leave it at that at this stage. If the Commission pleases.

PN19

THE COMMISSIONER: Very well. When do you anticipate that this consideration by the workforce will occur?

PN20

MR WINTER: I have this plan for some time in the next week, the mass meeting. Thursday morning.

PN21

THE COMMISSIONER: Mr Last?

PN22

MR LAST: Thank you, Commissioner. The only response I would make, Commissioner, is that what Mr Winter has put is well and good, we would like to see, however, that this matter is dealt with in a timely fashion. Should the worst case be that the mass meeting for some reason find it in their power to not be in accord with the draft proposal that we set a time now to be back with you to try and conclude the matter ASAP. That has always been our objective.

PN23

THE COMMISSIONER: Yes. Very well. I will fix another date for hearing. It may only be simply to record the settlement of the dispute that has been notified which, of course, has a binding effect on the parties pursuant to the provisions of the agreement. I will be unable to release this matter next week, I can list it and I anticipate I will be listing it briefly on, say, the 10th at 2 pm. Does that date suit the parties? I can list it perhaps earlier that day. I could list it earlier before lunch, say at 12.30?

PN24

MR LAST: Is there any chance earlier in that week, Commissioner?

PN25

THE COMMISSIONER: No, not really. It would be possible the day before but that is not going to make a lot of difference. I would have to squeeze it in between two matters though.

PN26

MR LAST: 10 March, 12.30 then, Commissioner.

PN27

THE COMMISSIONER: Very well. We will list it for 12.30.

PN28

MR LAST: Thank you.

PN29

THE COMMISSIONER: Yes. The notification is adjourned until 12.30 on
10 March. Thank you.

<ADJOURNED UNTIL THURSDAY 10 MARCH 2005 [2.31PM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #N3 IN PRINCIPAL ACCORD PN10