AG2005/3296, Transcript of Proceedings [2005] AIRCTrans 938 (20 April 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11208-1

COMMISSIONER WHELAN

AG2005/3296

APPLICATION BY AUSTRALIAN CONVENIENCE FOODS GROUP PTY LTD
s.170LK - Agreement with employees (Division 2)
(AG2005/3296)

MELBOURNE

2.13PM, FRIDAY, 08 APRIL 2005

THE FOLLOWING PROCEEDINGS WERE CONDUCTED VIA VIDEO CONFERENCE AND RECORDED IN MELBOURNE

PN1

MR B IRONMONGER: I appear on behalf of the applicant, Australian Convenience Foods and with me is MS C SAW from Melbourne,
MR I SCOTT-TOMS in Brisbane is the manager and MS J BAINBRIDGE is the employee representative.

PN2

MS J VIRINE: I appear on behalf of the LHMU.

PN3

THE COMMISSIONER: Thank you. All right. I will deal first of all, Mr Ironmonger, with the application for certification of the agreement. In relation to that I have received a copy of the agreement itself and I have received statutory declarations from Mr Scott-Toms and Ms Bainbridge who are both with us in Brisbane.

PN4

MR IRONMONGER: That is correct. You also should have got a letter which the company sent to the employees advising the - - -

PN5

THE COMMISSIONER: I did receive that.

PN6

MR IRONMONGER: And also I will hand to the Commission, this is the company's policy in relation to these agreements which the company follows step by step. Thanks.

PN7

THE COMMISSIONER: Right. Thank you.

PN8

MR IRONMONGER: So our submission is, Commissioner, that we have complied with the requirements of the Act. The union did contact me, although we didn't get it in writing, we had discussions with Mr McCulloch from the union in Brisbane. There was sort of a time lapse, we didn't hear from him for a while and that is part of the reason I need an application for the lateness of the application being filed. We made communication last week, I think the appropriate documentation has been provided. The agreement does provide for a wage increase, it's a two step process, either in the three per cent or if the living wage case is a higher amount, the higher amount will be paid. Unless the Commission has any particular questions, we would seek certification. If the Commission pleases.

PN9

THE COMMISSIONER: Okay, then. Thank you. I just had a couple of questions in relation to the process. As I understand it, there was a meeting of production staff and that elected some employees to be involved in the negotiation process and one of those was Ms Bainbridge, is that right?

PN10

MR IRONMONGER: Is that correct, Ms Bainbridge?

PN11

MS BAINBRIDGE: Yes.

PN12

THE COMMISSIONER: Yes. Okay. Now, what I am just trying to - as I understand it there was a process by which the document was negotiated in that committee and there was an agreement drafted and I think, in November, is that right?

PN13

MR IRONMONGER: That is correct.

PN14

THE COMMISSIONER: A letter was sent out to the employees with a copy of the proposed agreement attached.

PN15

MR IRONMONGER: Correct.

PN16

THE COMMISSIONER: Now, what I am just wanting to ask about, is what happened after that in relation to explaining the terms of the agreement to those employees?

PN17

MR IRONMONGER: There was a further change made to the agreement before the 14 days elapsed.

PN18

THE COMMISSIONER: And that is why there is a second letter on 22 December, is that right?

PN19

MR IRONMONGER: That's correct. Yes. Ms Bainbridge, do you want to tell the Commissioner how the negotiations proceeded?

PN20

MS BAINBRIDGE: Okay. Our first voting day was on 6 January 2005, then me and Robert Twines conducted a meeting. We had a secret ballot and that is where all the staff voted and then Robert collected all the votes, we put it in a steel box and I pulled it away, a locked box away. We had two staff members away on holidays and two on sick leave, we held that back until they returned to work. The last date of voting was 17 January 2005, the count was done by me, Robin Bensley, Carmen Maxfield and Robert Druen and the vote came to 21 agreement and three against and one abstained.

PN21

THE COMMISSIONER: Thanks, Ms Bainbridge. I was actually asking you about the process before then. After people were sent a copy of the agreement and before they were asked to vote, what communication was there with them in relation to understanding what the agreement meant?

PN22

MS BAINBRIDGE: Okay. The girls took them all home and read them and if they had any questions they came to me, Robert Druen or Robin Bensley and discussed the matter with us. And then if we could not answer the questions we went to Ian Scott-Toms and he explained any questions we had.

PN23

THE COMMISSIONER: Okay. And so people came to you, and because you had been involved in the process you were able to answer most of their questions, and if you couldn't you referred them to Mr Scott-Toms. Is that right?

PN24

MS BAINBRIDGE: That's right.

PN25

THE COMMISSIONER: All right. Thank you for that. Well, I have read the contents of the agreement and the statutory declarations and I have also received copies of the letters that were sent to the employees in relation to the agreement. And from the material that is before the Commission today in relation to that process, I am satisfied that the agreement passes the requirements for certification. I will deal with the certification application and then I will deal with the application by the LHMU. The agreement will be certified to be known as - there was one other issue, I am sorry, and that was the out of time issue,
Mr Ironmonger, which I understand that you dealt with in relation to the reasons for the delay. Has there been any change in the workforce?

PN26

MR IRONMONGER: I believe there has been one staff member, that is the only change that has been.

PN27

THE COMMISSIONER: One staff member.

PN28

MR IRONMONGER: Yes, which we don't need re-voting for.

PN29

THE COMMISSIONER: All right then, no, not given the numbers involved. All right. On the basis of that I will extend the time for this agreement to be certified. The agreement to be known as the Australian Convenience Foods Group Proprietary Limited Kitchen Hands Brisbane Certified Agreement 2004 will be certified from 8 April 2005. It has a nominal expiry date of 28 January 2008 and the certificate will indicate that and it will be issued and provided in due course. The Commission has received from the LHMU an application in accordance with section 170M of the Workplace Relations Act to be bound by this agreement. They have also provided me with information in relation to the authorisation that they seek to be so bound by an employee of the company who is a member. Is there anything in relation to that, Ms Virine that you wish to put to the Commission that is not contained in the correspondence and was the company aware that this application was to be made.

PN30

MS VIRINE: Commissioner, I might just quickly point out that, as I said in the letter, we do say it met all the requirements of the Act in section 170M are satisfied and it is my understanding that John McCulloch, who was an organiser of the LHMU in Queensland notified the company that we intend to be bound and that would be in writing to the Commission for keepsake.

PN31

THE COMMISSIONER: Right. Okay then, thank you. Mr Ironmonger, do you have anything to say in relation to the application to be bound?

PN32

MR IRONMONGER: No. I discussed with Mr McCulloch at the time of the negotiations, we were well aware, we went with him as well so we have no objection.

PN33

THE COMMISSIONER: All right. Thank you, Mr Ironmonger. Well, on that basis, I will also be issuing an order in relation to this agreement to say that I am satisfied that the requirements of section 170M(3) have been met and that the agreement will be binding on the LHMU. And I think that completes the necessary requirements for certification of this agreement. Thanks everybody for your attendance and goodbye to those in Queensland. Thank you.

<ADJOURNED INDEFINITELY [2.23PM]