C2006/1735, Transcript of Proceedings [2006] AIRCTrans 173 (13 February 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14084-1

COMMISSIONER SIMMONDS

C2006/1735

ROCHE MINING (JR) PROCESS ENGINEERING PTY LTD
AND
AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION THE AUSTRALIAN WORKERS’ UNION
s.170LW - Application for settlement of dispute (certification of agreement)
(C2006/1735)

MELBOURNE

2.06PM, MONDAY, 30 JANUARY 2006

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

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PN1

THE COMMISSIONER: The proceedings are resumed. I have indicated in the course of conference that I am not attracted to the position that has been put by the unions but Mr Barton is there anything further - I should say to both Ms Angus and Ms Chew is there anything further you wish to put in a formal sense?

PN2

MS CHEW: No thank you.

PN3

THE COMMISSIONER: There is not. Mr Barton do you want to respond in any sense?

PN4

MR BARTON: No sir I am happy with what we have put previously.

PN5

THE COMMISSIONER: Okay. In this matter there is a dispute between Roche Mining and JR Process Engineering Pty Ltd and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and the Australian Workers' Union concerning the rates of pay and conditions to operate in respect of commissioning work at the company's operations covered by the Roche Mining CFMEU and AMWU Murray Basin Development Project Construction Sites Agreement and the Roche Mining AWU Murray Basin Development Project Construction Sites Agreement.

PN6

The disputes procedure contained in both of those agreements provides at clause 14.2.5 that if the matter is still not resolved it will be referred in the first instance where agreed by the relevant parties to a dispute panel chaired by Bob Merriman or where agreement cannot be reached or the matter remains unresolved to the Australian Industrial Relations Commission for determination. It is implicit in what has happened that the matter has not gone to the dispute panel and has come to this Commission for determination.

PN7

Having heard the parties I note – because it is a matter of considerable relevance that agreement has been reached between Roche Mining JR Pty Ltd and the Construction, Forestry, Mining and Energy Union and between Roche Mining JR Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. In respect to the rates of pay and conditions that are attached to the commissioning work.

PN8

The Communications union and the CFMEU cover workers performing certain works and in view of that agreement and also I must say in view of the recommendation of his Honour, Deputy President Ives on 10 November in relation to this matter I am satisfied that what has been proposed by the company is an appropriate rate and that the conditions that are contained in exhibit B6 generally but with some specificity on pages 21 and 22 of exhibit B6 are appropriate.

PN9

I therefore determine pursuant to clause 14.2.5 of the Roche Mining CFMEU and AMWU Murray Basin Development Project Construction Sites Agreement and the Roche – the similar numbered clause in the Roche Mining AWU Murray Basin Development Project Construction Project Sites Agreement that the rates of pay and conditions attaching to the commissioning work referred to in the dispute notification in c20061735, being today's matter apply to that work.

PN10

The parties – sorry the Australian Mines and Metals Association is to prepare a draft determination reflecting what I have just said and the parties rights are reserved in respect to the final wording of that. Any objection to the draft determination to be prepared by ….. should be conveyed to my associate within 14 days. The draft determination should be provided to my associate by Wednesday next, 1 February and to the other parties for their consideration. The determination will take effect from today's date and remain in force for a period of five months which will take it to the end of the agreement I think. Is that right?

PN11

MR BARTON: That is correct, Commissioner.

PN12

THE COMMISSIONER: There's nothing further? The proceedings are adjourned. Thank you.

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