C2006/1394, Transcript of Proceedings [2006] AIRCTrans 685 (26 April 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14848-1

COMMISSIONER RAFFAELLI

C2006/1394

AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION-SOUTH AUSTRALIAN AND NORTHERN TERRITORY BRANCH
AND
ARMAGUARD LINFOX AUSTRALIA PTY LTD
s.170LW - Application for settlement of dispute (certification of agreement)
(C2006/1394)

SYDNEY

3.02PMM, WEDNESDAY, 12 APRIL 2006

Continued from 22/2/2006

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

PN40

THE COMMISSIONER: Yes can I have the appearances in Darwin please?

PN41

MR L MATARAZZO: I appear on behalf of the Australian Services Union.

PN42

MR J BROOKS: I appear on behalf of Linfox Armaguard Darwin.

PN43

THE COMMISSIONER: And Sydney?

PN44

MR R KRAJEWSKI: I appear for Linfox Armaguard.

PN45

THE COMMISSIONER: Thank you. Yes, who wants to go first?

PN46

MR KRAJEWSKI: I suppose, Commissioner.

PN47

THE COMMISSIONER: Yes.

PN48

MR KRAJEWSKI: It's Mr Matarazzo's notification. So maybe – he's asked for this matter to be brought on.

PN49

THE COMMISSIONER: Yes.

PN50

MR KRAJEWSKI: So I suppose he ought to lead off.

PN51

MR MATARAZZO: Thank you, Commissioner. I guess since the matter was last on in February 2006 here in the Commission the ASU and our members have had further discussions, considerations, evaluations and otherwise. Just reminding the Commission that our issues at the time were, with respect, relativities and ensuring that in comparison to their counterparts they weren't worse off. Since then, the ASU membership have had access to the relevant Queensland Enterprise Agreements that were certified in Queensland in 2005.

PN52

It was an interesting exercise from my point of view because I was pleased that we can still get agreements off the website for free from WageNet but the Queensland Industrial Relations Commission you can't. I think you have got to pay for them so it wasn't a joyous occasion from that point of view but when we compared the rates of pay and the four grade structure that has been offered by Armaguard in their correspondence of 4 April 2006, Commissioner, which I did post a copy to the Darwin Registry which I understand they have forwarded on to you.

PN53

The membership can live with the new grades 1 to 4 and the descriptors that are in that correspondence which explains what duties, performances and otherwise in the Darwin branch. We acknowledge that this structure will affect some nine or 10 staff. The ASU understands two, possibly a third, I am not sure, staff member would benefit by a re-classification upwards so that would mean more monies for them so we are pleased from that point of view. The ASU membership had initially as of last week, were seeking for this structure and the rates of pay to be back paid to 18 January 2006.

PN54

The company advised that it was - they weren't prepared to back pay it. Our members had another meeting as early as Monday this week and decided, you know, to put things behind and get this through and have authorised the ASU to come here today to say that since the last time we met there has - as of this week there has now been consent and they are prepared to have that four grade structure and those permanent employee rates and the casual employee rates which are expressed in an hourly rate to be inserted into the enterprise agreement.

PN55

These rates are in excess of the award rates in the Clerical and Administrative Northern Territory Employees Award and the rates as expressed are not in - here in the Northern Territory there is a 44 cents an hour district allowance. So for the record these rates expressed in this correspondence are not inclusive of that 44 cents an hour district allowance though our members for ordinary time earning purposes would get on top of these rates as expressed in there, an additional 44 cents an hour.

PN56

So for the purposes of the old no disadvantage test, which is the Clerical and Administrative Employees Northern Territory Award, our members are better off. The agreement offers another 3 per cent pay rise this year. I think in September or October, sorry October I think, in 2006 and there's another 3 per cent increase next year. So in light of the fact there's no National Wage Case, well at least, you know, this first half of the year, there is further pay rises for our members on top of these rates which will increase by 3 per cent in October this year.

PN57

The ASU and I apologise it was late, we sent an email to yourself, sir, and just seeking to have discussions with respect to section 170MD of the previous Workplace Relations Act and whether an appendix or a variation could be made to the agreement on the grounds that in clause, appendix A2 in the agreement it states and I quote:

PN58

Classification structure, review of the classification structure will be undertaken with employees and the union within three months of the agreement being certified.

PN59

The way the enterprise agreement is at the moment there is no rates of pay or structure in there and this would complete the picture. So we acknowledge the introduction of the new, what I call the so called Work Choices legislation, but we submit that this is a transitional issue. This agreement was certified prior to 27 March 2006 and we were wondering whether, how to deal with inserting this to the agreement at this stage. May it please the Commission.

PN60

THE COMMISSIONER: Yes. Mr Krajewski?

PN61

MR KRAJEWSKI: Thank you, Commissioner. Commissioner, just a few points. Firstly it is our understanding that a mass meeting of employees on Monday of this week endorsed the proposal of a four level structure and it is on that basis that agreement has been reached between the parties. And so of course we are satisfied with that. Two further points I would add are these. One, in terms – I think there are two allowances. One is the district allowance which I think currently is a standard $16.60 per week plus another allowance and I think that is where Mr Matarazzo put the 44 cents an hour.

PN62

They are in addition to the hourly rate and that is clearly set out in the agreement. And the final thing I wish to refer to is the process, if there is a process for varying the agreement for the insertion of the structure and the definition so to speak, or the descriptors into the agreement. Now, I have indicated to Mr Matarazzo that I have got a view which I have put to my people. They haven't come back and fully endorsed that particular view but in terms of varying the agreement for the insertion of the structure and the descriptor, or descriptors that go with it, we would like to consider that a bit more and seek the Commission's advice as to the best way forward in relation to that.

PN63

I think it's probably the better way to go, to have those aspects inserted into the agreement but I reserve my position to talk further with my people in relation to that to get some further clarity but if the Commission can provide us with some advice in relation to that, that would be appreciated and I think from everybody's point of view it is probably the safest way to go. If the Commission pleases.

PN64

THE COMMISSIONER: Well, yes thank you. Well there's not much - in respect of your agreement there is nothing much more to say. The Commission notes that and welcomes that you have reached agreement on the structure. Having said that I think we will then leave the file open and we'll go off the record now. That concludes the formal proceedings.

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