AG2005/796, Transcript of Proceedings [2008] AIRCTrans 225 (15 May 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 18455-1

SENIOR DEPUTY PRESIDENT ACTON

AG2005/796

s.170LJ - Agreement with organisations of employees (Division 2)
Application by Australian Building and Manufacturing Markets Braeside Service Centre & The Australian Workers’ Union - Victoria Branch
(AG2005/796)

MELBOURNE

9.44AM, MONDAY, 01 AUGUST 2005

MS R MONKMAN: With me I have MR P CLAYTON.

MS Z ANGUS: I appear for the Australian Workers’ Union.

THE SENIOR DEPUTY PRESIDENT: Ms Monkman.

MS MONKMAN: Your Honour, there are two applications before you this morning. Each is an application under Division 2 Part 6B of the Workplace Relations Act for certification of an agreement that will apply to the same single geographically and operationally distinct part of the company’s business. That part of the business is the production and maintenance operations carried out at the company’s Braeside service centre. The single site referred to is located at 207-213 Governor Road, Braeside. The first agreement, your Honour, is titled the BlueScope Steel Braeside Service Centre Agreement 2005/2008 referred to as the principle agreement.

If certified today this agreement will come into operation from the first pay period on or after today’s date and this agreement has a nominal expiry date of 7 July 2008. Your Honour, the company is satisfied that a legitimate vote of employees who will be covered by these agreements was undertaken on 11 July 2005 and that in that vote a valid majority of employees voted in favour of accepting the agreement. The making of this agreement brings to an end the bargaining period initiated by the AWU in respect of the Braeside Service Centre, 3904/2004.

Your Honour, the second agreement is titled Braeside Supplementary Agreement. This agreement comes into operation on 8 July 2008. The nominal expiry date is 7 October 2008. Your Honour, this agreement was also approved on 11 July 2005 by a valid majority of employees through a vote contacted by the employees. Your Honour, this supplementary agreement replicates provisions detailing employee obligations as to management and supply under clause 9 of the principle agreement. This agreement does not preclude the taking of protected action during the term of the supplementary agreement, but does ensure that customary stock outs do not occur as a result of such action.

The management of supply arrangements pertain to the employer relationships and require employees to perform certain work during stoppages so as to avoid stopping customers’ business. Your Honour, the parties regard these arrangements to be in their own mutual interest and also the public interest. Your Honour, we say that the test for certification for both agreements have been met as set out in the Act and we would seek certification of both agreements today. Thank you.

THE SENIOR DEPUTY PRESIDENT: Ms Angus.

MS ANGUS: Your Honour, yes. The AWU supports the submissions made. It’s also our view that the requirements of the Act have been met, perhaps bar one. The relevant paperwork of the AWU may not be on your Honour’s file. So if I could hand up the statutory declarations in relation to the principle and supplementary agreement and to the extent that it is necessary, seek relief from the rules in order to file that with the Commission slightly late. In all other respects, your Honour, it’s the view of the union that the requirements of the Act have been met and we support the application.

THE SENIOR DEPUTY PRESIDENT: You haven’t signed it.

MS ANGUS: Have you got the other version?

MS MONKMAN: No .....?

MS ANGUS: Didn’t you say that you were going to hand one up?

MS MONKMAN: Sorry, your Honour. Your Honour, yes I’m sorry ......

THE SENIOR DEPUTY PRESIDENT: Right. Ms Angus, clause 20 the dispute settling procedure.

MS ANGUS: Yes. Perhaps I can pre-empt you. There is a fairly detailed process outlined. If that process does not work directly between the parties it does provide for dispute to be referred to the Commission and that dispute, the Commission would be powered to either recommend or direct and any such directing would be binding on the parties.

THE SENIOR DEPUTY PRESIDENT: So in other words a power of private mediation?

MS ANGUS: Yes, your Honour.

THE SENIOR DEPUTY PRESIDENT: Do you agree with that, Ms Monkman?

MS MONKMAN: Yes, your Honour.

THE SENIOR DEPUTY PRESIDENT: Thank you. And that’s the same in both agreements, is it?

MS ANGUS: It is, your Honour.

THE SENIOR DEPUTY PRESIDENT: Okay. Having regard to the material contained on the file in this matter and also the submission put to me I am satisfied I should certify the agreement known as the BlueScope Steel Braeside Service Centre Agreement 2005/2008. The certification of the agreement will come into force from today’s date and remain in force until 7 July 2008. I am also satisfied I should certify the agreement known as the Braeside Supplementary Agreement 2008. The certification of that agreement will come into force from today’s date and remain in force until 7 October 2008.

I am satisfied that to certify both agreements would be consistent with the requirements of the Act and regulations.

<ADJOURNED ACCORDINGLY [9.51AM]