AG2007/584, Transcript of Proceedings [2007] AIRCTrans 407 (22 August 2007)

TRANSCRIPT OF PROCEEDINGS

---

Workplace Relations Act 1996 17224-1

COMMISSIONER EAMES

AG2007/584

s.170MH -prereform Act - Application to terminate agreement (public interest)
Application by Chien Wah Manufacturing Company Pty Ltd
(AG2007/584)

MELBOURNE

1.50PM, MONDAY, 06 AUGUST 2007

Continued from 26/7/2007

PN1

THE COMMISSIONER: I should indicate for the record that prior to this afternoon’s hearing the parties indicated that they were having some discussions in relation to the matter that’s before the Commission and that Ms Caylock, on behalf of the company, was to seek instructions in relation to a proposition that had been put by Mr Hale on behalf of the employees that he was representing. I have now been informed that those discussions have been fruitful and, for the record, we should place on the transcript what in fact is the current understanding between the parties.

PN2

Perhaps we should hear from the applicant in the first instance. Mr Caylock?

PN3

MS CAYLOCK: Thank you, Commissioner. I will just very briefly outline the arrangement that has been reached and Mr Hale will indicate that reflects his understanding. The arrangement really is described as a grandfathering arrangement in relation to two clauses in the agreement, clauses 15 and 16, and the company has given a commitment that those clauses will continue to be honoured on the following terms.

PN4

Firstly, for the payout of sick leave on termination of employment clause, which is clause 15, the company has committed that for existing employees, that is those employed as at today’s date, they will continue to be entitled to payout of their accrued sick leave within the terms of clause 15, on termination of their employment. There is a carve out for misconduct but otherwise that’s not limited.

PN5

THE COMMISSIONER: I understand that.

PN6

MS CAYLOCK: And the accrued sick leave which would be payable would be their balance as at today’s date.

PN7

In relation to the emergency leave without pay or clause 16 of the agreement, the company has committed that for existing employees they will retain that entitlement up to eight weeks unpaid emergency leave, as per the terms of clause 16.

PN8

The arrangement that I have mentioned would continue indefinitely, subject to any agreement to the contrary being reached subsequently between the company and the union or the company and the employees.

PN9

THE COMMISSIONER: All right. Thank you. Mr Hale?

PN10

MR HALE: Yes, Commissioner, that’s my understanding of the position that’s position that’s been reached and in recognition of the company’s movement in that regard we would withdraw our opposition to the application.

PN11

THE COMMISSIONER: All right. Thank you. Can I take it in terms of the application that’s still made on behalf of Chien Wah, Ms Caylock?

PN12

MR CAYLOCK: That’s correct, Commissioner, and we rely on the written material that has been filed.

PN13

THE COMMISSIONER: All right. Thank you.

PN14

I should again indicate for the record that both parties provided the Commission with an outline of what was to be the submissions in relation to the application that is made under section 170MH of the Act.

PN15

I’m satisfied on the basis of reading the submission that has been put by Ms Caylock, and which is attached to the Commission’s file, that a case has been made out for the termination of the existing agreement. In my view, in relation to the public interest in relation to this matter, I am satisfied that it is not contrary to the public interest for the agreement to be terminated and I note the submission put by Mr Hale in the light of today’s understanding that the application is not opposed.

PN16

On that basis a formal order will issue in due course in relation to the application operative from today’s date and I congratulate the parties on the way that they have approached this matter and the agreement that has been reached. If the Commission has been in any way helpful I am glad that I think it again demonstrates what increasingly I see is the mature approach that is adopted by many of the parties that appear in this establishment. They are to be congratulated.

PN17

The Commission will adjourn on that basis.

<ADJOURNED ACCORDINGLY [1.55PM]