BP2008/4542, Transcript of Proceedings [2008] AIRCTrans 797 (8 December 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 19447-1

COMMISSIONER HARRISON

BP2008/4542

s.451(1) - Application for order for protected action ballot to be held

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
and
Ausreo Pty Limited
(BP2008/4542)





Sydney

9.04AM, TUESDAY, 25 NOVEMBER 2008

PN1

MR A WALKADEN: If it pleases the Commission, I appear for the Union and I am joined by the official for the site Commissioner, MR G WALLACE.

PN2

THE COMMISSIONER: Thank you, Mr Walkaden.

PN3

MR G PUTTICK: Greg Puttick, P-u-t-t-i-c-k for Ausreo Pty Ltd.

PN4

THE COMMISSIONER: Thank you, Mr Puttick. Mr Walkaden, this is your application?

PN5

MR WALKADEN: Thanks, Commissioner. Commissioner this is an application being made by the union, pursuant to subsection - to section 451 of the Act. We are seeking a ballot of our members working at Ausreo Pty Ltd. The application, I understand isn't going to be contested by my friend. So I will just briefly take you through the application Commissioner, to satisfy yourself that the requirements of the Act have been fulfilled. The Act contains a number of administrative or jurisdictional type requirements in relation to who can make the application, the type of questions which must be contained in the ballot, the types of employees to be balloted et cetera.

PN6

All of those requirements are satisfied Commissioner by having a quick perusal through the application filed by the union. Quite clearly the AMWU notified a bargaining period on 28 august 2008, I believe that's appendix 1 to the application, Commissioner. You will also see that the actual application filed by the union contains required questions, specifies the electoral commission as the body to conduct the ballot. The required documentation, including the bargaining period, declaration from the state secretary that the industrial action isn't in support of prohibited content and also the accompanying written notice of authorisation are included in the application.

PN7

Commissioner, the submission I will make will be that the application was quite clearly served upon the company, in accordance with the rules of the Commission. So in terms of those administrative requirements, we would say that a perusal through the file would satisfy yourself, that those requirements have been met. In terms of the requirements of section 461, we would rely upon the statement filed - the sign statement by Mr Wallace, to satisfy yourself that the union has been genuinely trying to reach agreement, and also to satisfy yourself that the claims - rather that the union hasn’t engaged in pattern bargaining in making this application.

PN8

The secondary point would be just in relation to section 461(2) quite clearly we would say that this application is entirely consistent with the objects of the division - of the particular Act. Quite clearly there has been no contravention of a provision of the Act or whatnot that would stand in the way of the orders being made. So on that basis, Commissioner, we would say that the orders should be - the order for the ballot should be made.

PN9

THE COMMISSIONER: Good, thank you, Mr Walkaden. Mr Puttick, do you have any views?

PN10

MR PUTTICK: We are not opposing the application, Commissioner.

PN11

THE COMMISSIONER: Thank you very much. My associate circulated a draft order, which includes a timetable. Do you have any views about that time table?

PN12

MR WALKADEN: Yes, Commissioner. I've had a discussion with my friend, and the only change we would like to make would be to push the timetable back by a day. Just to allow the company a little bit more time to compile the list of voters. But apart from that with the vote taking plac3e on Wednesday, 3 December, that's okay I think from both sides.

PN13

THE COMMISSIONER: We will make that adjustment to the draft and forward it to both of you as soon as practicable. In a formal sense this is an application for a proposed protective action ballot by the employees of Ausreo, lodged by the AMWU for want of a better description. Having heard the submissions of Mr Walkaden, I am satisfied that the requirements of the Act and the rules of the Commission have been complied with. Accordingly the orders sought will be issued in the ammende3d form of adjusting the dates by one day. There is nothing further that I need to have regard to today; in lawful circumstances these proceedings will stand adjourned. Thank you.

<ADJOURNED ACCORDINGLY [9.09AM]