C2006/110, Transcript of Proceedings [2006] AIRCTrans 654 (18 April 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14787-1

COMMISSIONER BLAIR

C2006/110

CMI OPERATIONS PTY LTD
AND
AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION
s.496(1) - Appl’n for order against industrial action (federal system)
(C2006/110)

MELBOURNE

2.58PM, THURSDAY, 06 APRIL 2006

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

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PN1

THE COMMISSIONER: The Commission has had an opportunity to have a conference between the parties. Arising from that conference, the Commission has identified what it believes to be three options which the Commission understands Mr Gallagher and Mr Weakley will take to the board, and hopefully receive an answer by the close of business on Wednesday, 12 April 2006. Those three options are:

PN2

(1) That the offer is the offer from the company and it be put to a vote of employees.

PN3

(2) That the offer of 3 by 3 by 3 plus a one off payment of equivalent to 1
per cent of annual salary be placed into the employees' nominated superannuation scheme.

PN4

(3) That there be a wage movement of 3 by 3 by 3 over the life of the agreement, and that there be a phasing of the cap of 104 weeks redundancies, which currently the cap is 6 at 80 weeks redundancy after a period of 23 years of service.

PN5

In order for the board to consider that, the Commission has advised that the union withdraw their current section 170MO notification which provided for overtime bans to take effect as from Friday, 7 April 2006. They will however, re-issue their section 170MO on Monday, 10 April 2006. As indicated, the company representatives are hopeful to get an answer by the board by the close of business on the three options on or by 12 April 2006. In agreeing to this it does not negate any of the parties' rights in terms of the legislation that is in the Workplace Relations Act 1996, as I understand it, the application that is currently before the Commission, section 496(1) application, it is the company's intention at this stage to withdraw that application. Is that correct Mr Marasco?

PN6

MR MARASCO: Yes Commissioner, I formally withdraw the section 496(1) application.

PN7

THE COMMISSIONER: Right. Mr Mavromatis or Mr Sivaraman, is it the Commissions understanding that it's the union's intention to withdraw the section 170MO notification today?

PN8

MR MAVROMATIS: Yes Commissioner, that is the union's intention.

PN9

THE COMMISSIONER: Thank you. And they will re-issue that on Monday,
10 April 2006, is that correct?

PN10

MR MAVROMATIS: Correct.

PN11

THE COMMISSIONER: Thank you. Is there anything else, other than the Commission says to the parties it remains available if they think the Commission can be of assistance. If there is nothing further, the Commission will stand adjourned to a time and date to be fixed. Thank you.

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