AG2008/1106, Transcript of Proceedings [2008] AIRCTrans 372 (21 July 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 18759-1

SENIOR DEPUTY PRESIDENT WATSON

AG2008/1106

cl.2A(1)(b) Sch. 7 - Appl’n for an order to vary pre-reform cert. agt.
PPG Industries Australia Pty Ltd
and
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
(AG2008/1106)

MELBOURNE

9.36AM, MONDAY, 07 JULY 2008

PN1

MR J VIDOVIC: I appear on behalf of PPG. I’m the engineering and reliability manager.

PN2

MR J WOODS: I’m the shop steward for PPG.

PN3

THE SENIOR DEPUTY PRESIDENT: Very well. Okay, Mr Vicovic, if you could just explain the application.

PN4

MR VIDOVIC: Yes, I have.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes. The application is to extend and vary the existing agreement; is that correct?

PN6

MR VIDOVIC: Yes.

PN7

THE SENIOR DEPUTY PRESIDENT: What are the variations involved?

PN8

MR VIDOVIC: The primary variation is the incremental increase.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes.

PN10

MR VIDOVIC: That’s the main one.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, if you can just bear with me a moment. I’m sorry, is there a schedule of the variations file? I see. If I could just run through them. The agreement seeks to extend the period until 31 December 2010.

PN12

MR VIDOVIC: Yes.

PN13

THE SENIOR DEPUTY PRESIDENT: “A four per cent increase in base rate and allowances at the start of each of the three years. Removal of a sentence to avoid doubt, which means no new or existing employee covered by the agreement shall be offered an AWA”. Yes, “Additional increases are included in the skill structure table. Removal of the super fund reference. A review of the CPI. A replacement of facility manager with the title engineering and liability manager”. That’s a change in title, is it?

PN14

MR VIDOVIC: Yes, basically.

PN15

THE SENIOR DEPUTY PRESIDENT: “Reference to Timothy Knavisch is now to Greg DeCamp”.

PN16

MR VIDOVIC: Yes.

PN17

THE SENIOR DEPUTY PRESIDENT: And Mr Harrison has been removed from the non-roster personnel. Very well. They’re the only changes that are being made?

PN18

MR VIDOVIC: Yes.

PN19

THE SENIOR DEPUTY PRESIDENT: Yes, and included in the application we have a statutory declaration by yourself, Mr Vicovic. That goes to the fact of negotiations for the variation of the agreement was genuinely approved by a valid majority of employees. Then we have a statement that none of the parties has organised or engaged in industrial action or applied for a ballot; is that correct?

PN20

MR VIDOVIC: That’s right.

PN21

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Thank you for that. Well I think the requirements of the Act as now amended, schedule 7 of Part II Division 1 Section 2A, provides for the extension of a nominal expiry date and variation of the agreement. I have before me evidence of genuine agreement to the extension and variation. I have evidence that none of the parties have organised or engaged or threatened industrial action or applied for a secret ballot.

PN22

Having regard to the nature of the matters varied, I’m satisfied the agreement as varied will not result on balance in a reduction in overall terms and conditions. In those circumstances I’m satisfied the requirements of the Act have been met and I will vary the agreement in the terms sought.

PN23

An order will be published which will refer to the variations which have been identified and attach that, and we’ll also attach a copy of the agreement as varied between the parties.

PN24

MR VIDOVIC: Thank you very much.

PN25

THE SENIOR DEPUTY PRESIDENT: Thank you for that, I will now adjourn.

<ADJOURNED INDEFINITELY [9.42AM]