AG2005/7411, Transcript of Proceedings [2006] AIRCTrans 143 (2 February 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14018-1

COMMISSIONER DANGERFIELD

AG2005/7411

APPLICATION BY SPOTLESS SERVICES AUSTRALIA LIMITED & FAWKES, ELAINE
s.170LK - Agreement with employees (Division 2)
(AG2005/7411)

ADELAIDE

10.05AM, THURSDAY, 19 JANUARY 2006

PN1

THE COMMISSIONER: Now I think we have got for the employer it is Mr LeQuesne is it?

PN2

MR R LEQUESNE: Yes sir.

PN3

THE COMMISSIONER: And Ms Fawkes, you are the employee representative?

PN4

MS E FAWKES: Yes, sir.

PN5

THE COMMISSIONER: Yes. Thank you. All right. Mr Lequesne, do you want to speak to this agreement at all? Anything you want to say about it?

PN6

MR LEQUESNE: Thank you sir. The certified agreement that we have lodged under the name of Spotless Services (Resources South Australia) Certified Agreement 2006-2009 was negotiated with the staff of Spotless Services Australia at our Olympic Dam site in South Australia. On 24 November 2005 Spotless issued all staff with a notice of intention to negotiate an agreement and a copy of the proposed agreement. All staff present signed to acknowledge receipt of the notice and agreement. Those staff not present on the day were sent a copy of each of the documents by post.

PN7

Meetings were held with all staff present on the day to explain the agreement and to answer questions. Our site manager, Sharon Wallace, met with all staff who received their documents by post to ensure that they understood the process as well. On 30 November 2005 Spotless advised staff that it wished to make several variations to the agreement. These variations were summarised and a document provided to staff and were an increase in the retention bonus outlined in the agreement, removal of a redundant superannuation clause that had been picked up from the Mining Miscellaneous Award, insertion of a clause relating to occupational health and safety and varying the ordinary hours start time to align with our client, BHPs, starting hours.

PN8

A further notice of intention to negotiate an agreement was issued as was an amended version of the agreement. Those staff not present on the day were sent copies of both documents again. On 2 December 2005 a ballot paper was issued to each employee, once again posted to those not present on the day. Voting was first scheduled to close on 9 December however it was extended to 16 December 2005 to allow for staff who were on leave to vote and also to allow 14 days from the date that the agreement was varied.

PN9

Further meetings were held with staff on site to address any concerns throughout this period and no concerns of any substance were raised. 53 ballots were issued and the final vote on 16 December was 47 yes and 2 no. The counting of the votes was performed by Lyn Lytel, the state manager of Defence and Resources, Richard LeQuesne and Sharon Wallace and was witnessed by Elaine Fawkes as a representative of employees.

PN10

THE COMMISSIONER: Thanks and how did, Ms Fawkes, how did you get to represent the employees. Was there any election or were you the last one standing or draw the short straw or what happened?

PN11

MS FAWKES: Probably a bit of all of the above sir.

PN12

THE COMMISSIONER: Okay but your only role was to be a witness to the counting of the ballots was it and to actually sign the agreement on behalf of the others?

PN13

MS FAWKES: Yes but I was also at all the meetings as well.

PN14

THE COMMISSIONER: I see. You are part of the negotiating group. Was there a negotiating team for the employees, or?

PN15

MR LEQUESNE: No sir there wasn't. We tabled a proposed agreement which was based on the Mining Miscellaneous Award with a proposed wage increase each year for three years and a retention bonus as part of the agreement and then we effectively met with all of the staff individually and in groups and discussed the agreement with them and gave them opportunities to come back to us individually if they had any concerns or wished to make any other claims.

PN16

THE COMMISSIONER: Actually that is clear from the information you have given in the statutory declaration actually. Thanks for that. Yes look I don't have any questions about the agreement. The agreement itself looks to be fine. It is all in order and I would say the statutory declarations are both consistent and they give a good amount of information and with the explanation that you have given today, Mr LeQuesne, I don't have a problem with it. Ms Fawkes, any issues at all that employees had that you think I should be aware of? Any problems or concern at all with the agreement?

PN17

MS FAWKES: No sir.

PN18

THE COMMISSIONER: Or with the process?

PN19

MS FAWKES: No sir.

PN20

THE COMMISSIONER: Okay then I can indicate for the record that this is an application under Division 2 of Part VIB of the Act for certification of an agreement pursuant to section 170LK. I have considered the application and the terms of the agreement, the subject of the application. Firstly I can say that having perused the agreement I am satisfied for the purposes of section 170LI of the Act that the agreement in every respect pertains to the relations of the employer and the relevant employees in their respective capacities as such.

PN21

The application is underpinned by statutory declarations that I have perused of Richard LeQuesne, state manager Human Resources and Support Services Australia Ltd, the employer in this matter and Elaine Fawkes, a duly elected employee representative employed by the company and those declarations are both in order. I note that the Mining Miscellaneous Award is the relevant award for the purposes of the no disadvantage test and I can indicate that I am satisfied having regard to that award that that test has been passed.

PN22

The agreement at clause 2.3 includes procedures for preventing and settling disputes between the parties as required by the Act. I am satisfied also on the material before me that a valid majority of persons employed at the time genuinely approved the agreement and that the explanation of the terms of the agreement took place in ways that were appropriate having regard to their circumstances and needs. Indeed the process I think has been a reasonably smooth and professionally run process, Mr LeQuesne, so I congratulate you on that.

PN23

MR LEQUESNE: Thank you sir.

PN24

THE COMMISSIONER: Accordingly the Commission certifies the Spotless Services (Resources South Australia) Certified Agreement 2006-2009 with effect from today's date, 19 January 2006 which will be the date of certification and in accordance with clause 1.3 it will remain in force until 19 January 2009, being a date in accordance with the Act is not more than three years after the date on which it comes into operation. Now following today you will receive some documentation from my office just confirming certification that will probably issue within the next week. As I say I congratulate the parties on their agreement and if there is nothing further for the record that concludes the hearing of the matter.

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