BP2007/4767, Transcript of Proceedings [2008] AIRCTrans 33 (29 January 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 18020-1

COMMISSIONER BLAIR

BP2007/4767

s.451(1) - Application for order for protected action ballot to be held
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
and
Skilled Group Pty Ltd
(BP2007/4767)

MELBOURNE

1.04PM, TUESDAY, 15 JANUARY 2008

Continued from 20/12/2007

PN1

MR B TERZIC: I appear on behalf of the AMWU with MR F EIFFE.

PN2

MR G MAAS: I seek leave to intervene on behalf of the National Union of Workers.

PN3

MR P BOROBOKAS: I appear on behalf of Skilled Group Limited.

PN4

MR S KOLLMORGEN: I seek leave to appear on behalf of Meritor Heavy Vehicle Systems Australia Limited.

PN5

THE COMMISSIONER: We have Mr Maas seeking leave to intervene on behalf of the National Union of Workers. Mr Maas did write to the Commission indicating that from their point of view they have members at Skilled at the site and would be party, in their view, to any proposed agreement that may be one of the range of outcomes for conciliation tomorrow. Does anybody have any objections to Mr Maas seeking leave to intervene? Mr Borobokas.

PN6

MR BOROBOKAS: Commissioner, Skilled doesn't object to Mr Maas seeking leave for those reasons, however, if Mr Maas wants to make submissions with respect to a protected ballot application, a 451 application, certainly we would be considering our objection to his appearance here today.

PN7

THE COMMISSIONER: Mr Maas.

PN8

MR MAAS: Commissioner, I think, if I'm correct, that would form a separate application and then we would proceed down that path.

PN9

THE COMMISSIONER: Absolutely, yes.

PN10

MR MAAS: If the Commission pleases.

PN11

THE COMMISSIONER: In regard to Mr Maas, leave is granted. In regard to Mr Kollmorgen seeking leave firstly as a solicitor and secondly, to intervene as an interested party - or his client as an interested party, does anyone have any objections on that basis? No, okay. We're all very conciliatory today, aren't we. Mr Kollmorgen, leave is granted.

PN12

This matter was originally dealt with on 20 December 2007 and was dealt with initially by phone conference, given the timeframe that the Commission had at least to have the matter before the Commission. As I understood it, the parties hopefully were going to try and have some discussions. Is that about right? Do I understand that or are we essentially ready to box on?

PN13

MR TERZIC: Yes, that proposition was advanced in the mention that was conducted by telephone on the 20th. Because of no transcript I'm just relying on my notes. The other point that was made on 20 December last year was that there was no point in pressing ahead with the application at that time, given the Christmas break and most of the employees who would ordinarily be balloted would be on holidays. Really now we're at the point when the employees who would be balloted, if action was to go ahead, have resumed work so it's business as usual in that regard. Apart from that the view that a conciliation conference might be useful in coming to agreement or agreement in principle, at least on terms for an enterprise agreement, might be worth pursuing and we'd ask that the formal proceedings in the ballot application be held over and that a conference be convened under the chairmanship of the Commission as constituted.

PN14

THE COMMISSIONER: Mr Borobokas.

PN15

MR BOROBOKAS: Commissioner, indeed there was at the telephone conference aired an idea of a conciliation conference and we're happy to proceed to a conciliation conference to hopefully resolve the matter, and today, if we could.

PN16

THE COMMISSIONER: Mr Maas, you would, I suppose from your point of view, wish to participate in that conference.

PN17

MR MAAS: That's correct, Commissioner.

PN18

THE COMMISSIONER: Mr Kollmorgen, I would assume, correct me if I'm wrong, that your client would not wish to participate directly in that conference. It's only if the matter went further you may wish to make submissions. Is that right?

PN19

MR KOLLMORGEN: That's correct. The interest of Meritor in this is that there was a matter listed for 496 back in September 2007 which resolved and the parties made certain statements on transcript. We are very concerned that those undertakings as to no unprotected industrial action are maintained.

PN20

THE COMMISSIONER: You're not asserting at this stage, as I understand it, that there has been unprotected industrial action?

PN21

MR KOLLMORGEN: I'm not instructed that there has been any since September 2007 but there was then.

PN22

THE COMMISSIONER: Just to make sure that everything is working harmoniously.

PN23

MR KOLLMORGEN: That's correct.

PN24

THE COMMISSIONER: Thanks for that. The Commission will go into conference, thanks.

<SHORT ADJOURNMENT [1.10PM]
<RESUMED [2.28PM]

PN25

THE COMMISSIONER: The parties have had the opportunity to have a conference. Arising from that conference the Commission understands that an agreement has been reached regarding the outstanding issue and as part of reaching agreement on that, which I'll ask Skilled Engineering to put on transcript the details of that particular part of the agreement, the parties do understand that that then puts in place the basis for an enterprise agreement. Mr Borobokas.

PN26

MR BOROBOKAS: Commissioner, the parties have agreed that they will sign and lodge an agreement mirroring the terms and conditions of Meritor's agreement. In addition Skilled employees shall receive a flat allowance of $50 per week, that the Skilled-Meritor agreement, when signed and lodged, replaces the current allowances. There's no retrospectivity and this agreement and this arrangement shall not apply to employees performing trade maintenance and trade activities.

PN27

THE COMMISSIONER: Mr Terzic, is that your union's understanding of what's been agreed to in regard to this particular issue?

PN28

MR TERZIC: Yes. I just might make the usual qualification. That's an arrangement that we will recommend to our members at a meeting where I think the NUW will be present. They can speak for themselves and we intend to promote an interim agreement in that fashion and we'll use our best endeavours to do so.

PN29

THE COMMISSIONER: Mr Maas, from the NUW's point of view, is that your understanding of what's been reached today?

PN30

MR MAAS: Yes, it is, Commissioner, and I concur with the submission of my friend, Mr Terzic.

PN31

THE COMMISSIONER: All that's left to be done now is the parties will be provided with a copy of the transcript but the details of today's agreement would be provided in writing by the company to the unions. Upon receipt of that they will convene a meeting as quickly possible of their members with a recommendation to accept the proposal. If that is agreed to then the appropriate paperwork will be put in place with the document to be lodged with the Workplace Authority. Is that okay?

PN32

MR MAAS: Yes.

PN33

THE COMMISSIONER: The Commission thanks the parties for their cooperation and assistance. The Commission will stand adjourned. At some point, Mr Terzic, once the agreement is put together and the parties prepare and lodge that with the Workplace Authority, you may wish to provide some documentation withdrawing your application under section 451(1).

PN34

MR TERZIC: That will be done.

PN35

THE COMMISSIONER: I stand adjourned.

<ADJOURNED INDEFINITELY [2.31PM]