AG2008/1254, Transcript of Proceedings [2008] AIRCTrans 560 (24 September 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 19115-1

COMMISSIONER GRAINGER

AG2008/1254

cl.2A(1)(b) Sch. 7 - Appl’n for an order to vary pre-reform cert. agt.
The Australian Workers’ Union
and
Initiating Explosives Systems Pty Ltd
(AG2008/1254)

MELBOURNE

9.24AM, WEDNESDAY, 10 SEPTEMBER 2008

PN1

MR C WINTER: I appear on behalf of the Australian Workers Union.

PN2

MS K VERNEY: I seek leave to appear on behalf of Initiating Explosives Systems.

PN3

THE COMMISSIONER: Yes, thanks very much.

PN4

Mr Winter, you have no objection to my granting Ms Verney leave, do you?

PN5

MR WINTER: No, Commissioner.

PN6

THE COMMISSIONER: Good, thanks. I’m happy to grant you leave Ms Verney, and I do.

PN7

Mr Winter.

PN8

MR WINTER: Thank you, Commissioner. This is an application under schedule 7 to 2A to vary the agreement known as the Initiating Explosive Systems Deer Park Agreement 2006. The proposed variation has been put to the members in accordance with the Act and voted on accordingly.

PN9

You may recall the various agreements certified before this Commission over the years, to cover the operations of this plant. This application is to vary the agreement known as the 2006/2008 agreement.

PN10

If I can bring your attention to some of the variations in relation to the agreement. Basically there are some wording changes to change the agreement so that the agreement will be known as the Initiating Explosive Systems Deer Park Agreement 2006. On that first page it says 2008 and we would seek to vary that to bring it to 2006/2010.

PN11

THE COMMISSIONER: Yes.

PN12

MR WINTER: That’s a typing error in relation to that.

PN13

THE COMMISSIONER: Yes.

PN14

MR WINTER: The other changes into the agreement at clause 4 are in relation to the Artificial Fertilisers Award. There are some changes in regard to that. There are, of course, changes in regard to payment of weekly wages at clause 20 of the variation, and thus there are various wage adjustments in that.

PN15

There is also some changes to wording at clause 23 which is headed Business Closure. We have listed the original wording in the previous or earlier agreement there, and we have put in some new wording in relation to any proposed business closure. Also taking into effect issues of possible redundancies et cetera, closure bonuses et cetera that may occur during the life of the extension of this agreement.

PN16

Other changes in relation to the agreement include clause 25A, Working Hours Definitions. Again we have got the original wording there in regard to continuous, non-continuous and day work, and again we have put in new provisions.

PN17

Clause 34B, Sick Leave and Carers’ Leave; there was some old wording in relation to that. That has been updated in regard to carers’ leave and also you will notice at clause 39 we have made variation to the public holidays clause in the previous document.

PN18

There have been no other changes in relation to the original agreement. It does have the support of our members and they have voted in accordance with the Act to vary or seek the variation that is now before you.

PN19

Unless you have got any further questions, Commissioner?

PN20

THE COMMISSIONER: No, thanks very much Mr Winter.

PN21

Ms Verney.

PN22

MS VERNEY: Nothing further from me other than to say that my understanding is that the employees also voted in favour of the extension of the agreement.

PN23

THE COMMISSIONER: Yes.

PN24

MS VERNEY: If I please.

PN25

THE COMMISSIONER: That’s right Mr Winter?

PN26

MR WINTER: That’s correct.

PN27

THE COMMISSIONER: Yes. Good, thank you very much. Well on the basis of the written submissions and the submissions made before me today I’m happy to grant the orders sought and I’ll leave it to my associate just to resolve with you the finalisation of those orders.

PN28

Thanks very much.

PN29

MR WINTER: Thank you, your Honour.

<ADJOURNED INDEFINITELY [9.28AM]