AG2008/79, Transcript of Proceedings [2008] AIRCTrans 699 (3 November 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 19248-1

SENIOR DEPUTY PRESIDENT WATSON

AG2008/79

cl.2A(1)(b) Sch. 7 - Application for an order to vary pre-reform certified agreement

CSR Limited trading as Viridian 'New World Glass'
and
Construction, Forestry, Mining and Energy Union
(AG2008/79)
Don Mathieson & Staff Glass Pty Ltd (Manufacturing Operations), Enterprise Bargaining Agreement 2004-2007

(ODN AG2004/7934)
[AG837651 Print PR953662]]




Melbourne

10:31 AM, FRIDAY, 17 OCTOBER 2008

PN1

MS T SKINNER: Teagan, your Honour. Teagan Skinner.

PN2

MR T WETHERELL: I appear for the CFMEU, the respondent in this matter.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Wetherell. Yes, who would like to lead off? Mr Wetherell?

PN4

MR WETHERELL: Well, as the respondent in this matter I can just do a chronology of events, your Honour.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes.

PN6

MR WETHERELL: The parties have been in negotiation for some time as to the variation of this agreement, concluding in a vote of members last Wednesday over three different shifts via our organiser, Bruce Ross, and as is evidenced by the statutory declaration and the material that is before the Commission a valid majority of employees have agreed to these variations and we are here to seek to get that procedural requirement across the line.

PN7

THE SENIOR DEPUTY PRESIDENT: Very well. Ms Skinner?

PN8

MS SKINNER: Your Honour, in addition to what Tim Wetherell has pointed out I just wanted to notice we have also got the complexity of the companies merging together, CSR, Pilkington and DMS and the additional complexity that has been added with this agreement has been two of the sites within the company are actually merging together by the completion of this agreement and I just wanted to note that for consideration for the name change, whether that's going to be possible.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, very well. So sorry, in terms of the name, the parties bound, what is the effect of the two new companies? Sorry, the two companies coming together? I wonder if you can just explain that to me more fully.

PN10

MS SKINNER: Yes. Basically CSR purchased Pilkington on 30 June last year and then subsequently purchased DMS on early in October 2007. Because both of the sites are very close to each other, the South Oakleigh and the Clayton site, they're merging together.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes.

PN12

MS SKINNER: So the parties bound are now the CSR Building Products Limited Viridian New World Glass. Viridian is the glass division of CSR. And still the CFMEU.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes. And those, CSR has completely taken over the operations of DMS and Pilkington?

PN14

MS SKINNER: Yes.

PN15

THE SENIOR DEPUTY PRESIDENT: In the previous agreement, the agreement which is being varied is the Don Matheson agreement?

PN16

MS SKINNER: Yes.

PN17

THE SENIOR DEPUTY PRESIDENT: Was there a Pilkington agreement?

PN18

MS SKINNER: There is and we're just about to vote on that. We're shortly going to vote on that agreement. So that will be changed as well. And we're going to go through the variation process as well. The issue with that agreement is that it covers other sites all in Victoria, not just the South Oakleigh site that's merging with Clayton.

PN19

THE SENIOR DEPUTY PRESIDENT: Yes.

PN20

MS SKINNER: And so that's why we varied that as well, to keep those sites continuing with additional conditions.

PN21

THE SENIOR DEPUTY PRESIDENT: I see. And how does that relate to this agreement? It's really only Don Matheson in relation to it?

PN22

MS SKINNER: Yes.

PN23

THE SENIOR DEPUTY PRESIDENT: And there will be a subsequent application to deal with the Pilkington sites?

PN24

MS SKINNER: Yes, I just thought it raise it just because at clause 22 you will see that we've got a note that employees are transferring from the South Oakleigh site. So I just thought I'd note that.

PN25

THE SENIOR DEPUTY PRESIDENT: I see. But in essence it's the variation of Matheson in respect of the Matheson operations and there will be a companion application in respect of Pilkington in respect of that site and other sites?

PN26

MS SKINNER: Yes.

PN27

THE SENIOR DEPUTY PRESIDENT: Very well, yes. Thank you.

PN28

MR WETHERELL: Sorry your Honour, if I may just make one comment on that. There are rights that have transferred to Clayton which have existed under the South Oakleigh agreement.

PN29

THE SENIOR DEPUTY PRESIDENT: Yes.

PN30

MR WETHERELL: To provide some consistency between the transfer and as a result, yes, to provide that consistency that's why we believe the name change relates to the rights and conditions of those employees.

PN31

THE SENIOR DEPUTY PRESIDENT: Yes, very well. And that's reflecting in a sense the takeover of the operations by CSR Building Products?

PN32

MR WETHERELL: Sorry, it's not?

PN33

THE SENIOR DEPUTY PRESIDENT: That's reflecting the takeover of the operations by CSR Building Products. Yes, very well. This is an application pursuant to schedule 7 part 2 division 1 section 2A of the Act to vary and extend the Don Matheson and Staff Glass Pty Ltd Manufacturing Operations Enterprise Bargaining Agreement 2004-2007. The variation goes to an extension of a period of operation, wages and a number of other substantive matters within the agreement. In addition it alters the name of the employer respondent to CSR Building Products Limited reflecting the acquisition of the Matheson operations by CSR Building Products Limited and the parties will seek to reflect the change in ownership within the terms of the agreement within the title, although the title will remain the 2007 agreement reflecting the fact that this constitutes a variation an extension of the original Matheson agreement.

PN34

I am satisfied as to each of the matters within the Act having regard to the materials filed by the parties in compliance with the rules. I am satisfied in particular that parties bound have genuinely agreed to extend and vary the agreement, that there has been no organisation engaging or threat to industrial action of the type described within the Act and that the extension is within the limits of the period prescribed within section 2A(3) of the Act. I will vary the agreement as sought by the parties and an order will be issued to that effect. We will now adjourn.

<ADJOURNED INDEFINITELY [10.40AM]