BP2008/2353, Transcript of Proceedings [2008] AIRCTrans 83 (6 March 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 18147-1
18148-1
18149-1

COMMISSIONER BLAIR

BP2008/2353 BP2008/2359 BP2008/2355

s.451(1) - Application for order for protected action ballot to be held
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
and
Murray Goulburn Co-Operative Co Ltd
(BP2008/2353)

s.451(1) - Application for order for protected action ballot to be held
Construction, Forestry, Mining and Energy Union
and
Murray Goulburn Co-Operative Co. Ltd
(BP2008/2359)

s.451(1) - Application for order for protected action ballot to be held
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
and
Murray Goulburn Co-Operative Co Ltd
(BP2008/2355)

MELBOURNE

9.45AM, WEDNESDAY, 20 FEBRUARY 2008

Hearing continuing

PN1

MR B TERZIC: I appear on behalf of the AMWU in the AMWU's application and I also seek leave to appear as an agent on behalf of the ETU in the ETU's application.

PN2

MS E WALTERS: I appear on behalf of the CFMEU.

PN3

MR A DOUGLAS: I seek leave to appear for Murray-Goulburn in all applications and I have no issue with the leave Mr Terzic seeks for the ETU.

PN4

THE COMMISSIONER: Leave is granted in all instances, thanks. There's three applications under section 451(1) for orders for a protected action ballot. I note that there is correspondence at least between the parties where, as I understand it, Murray-Goulburn are not going to contest the applications. They do reserve their rights, though, at some point, if they believe it's appropriate to make application for suspension or termination of the bargaining period.

PN5

MR DOUGLAS: That's correct, Commissioner.

PN6

THE COMMISSIONER: The matter this morning is programming the mention. As the parties would be aware we have a matter listed for this coming Friday which goes to the issue of classifications and it was a matter that was dealt with prior to Christmas. I understand also from the emails that have been between the parties that part of the EBA negotiations involve that particular issue that was subject to a separate application and separate discussions. I'm not quite sure how the parties want to deal with this, whether we keep Friday's matter on foot and the time allocated and the date be kept available, and that we list these three applications for Friday but instead of possibly issuing orders on Friday in terms of the ballot, we might use that time for further conciliation either regarding the specific issue of that separate application or the entire issue of enterprise bargaining or we can set next week to deal with the specific issue of the ballot.

PN7

MR TERZIC: If I could just have a moment.

PN8

THE COMMISSIONER: Yes. Mr Terzic.

PN9

MR TERZIC: Commissioner, the parties have a consent position on this and it's slightly different to what you proposed, and that is that even though today was set down for programming the mention, because there's no contest on the ballot application, the parties would press you to make the ballot orders. I'll address you later on on the relevant tests.

PN10

THE COMMISSIONER: I can't do that because my understanding is we haven't even complied with the administrative processes that we have to comply with under the Act, that is, that notices have to go out, we have to advise the Electoral Office, we have to get a timeframe from them, notices have to go out on the noticeboard providing people who may wish to make some submission with an opportunity to do so and none of that has been complied with.

PN11

MR TERZIC: In that case, I think what I propose will be acceptable to the parties but they can correct me if I'm wrong and that is that because there's no real contest and there's another factor involved in this, I'm not sure what are in the parties' application for the ballot but what will be sought will be a postal ballot over an extended period so that will create an extended timeframe for all of this. We don't want to make it any longer than is necessary. We'd be proposing a postal ballot over a two week period and that another factor in having the ballot application formally determined on Friday, if that be what is contemplated, that would necessitate another appearance for the CFMEU and they're not involved in the classification matter.

PN12

In all of that, to find an expedient way out of this, what I propose is that we address you briefly on the ballot application and that be called on again on the Friday with a view that the orders be issued and employees who would have the right to attend, they're to be invited under the Act, and if nothing further is heard, the orders would be issued without any further need for proceedings unless an employee comes along and wants to throw something into the equation.

PN13

THE COMMISSIONER: Correct me if I'm wrong, the Commission would issue the appropriate paperwork today, it would formally set down Friday. If no one appears to oppose or make some further submission, then simply based on the papers that have been provided - - -

PN14

MR TERZIC: And a brief submission today.

PN15

THE COMMISSIONER: Yes. Well, if the matter is not being contested, I assume then that there is no argument about non-compliance with the appropriate requirements of the Act, except for the Commission's administrative paperwork.

PN16

MR TERZIC: Yes. I'd simply put this into the mix. I make a statement from the bar table that will not be contested that the parties have and are genuinely trying to reach agreement and that's not disputed.

PN17

THE COMMISSIONER: Then, if no one appears to run some other argument, then based on the paperwork the Commission then would issue the appropriate order with the company's rights reserved in terms of suspension or terminating of the bargaining period.

PN18

MR TERZIC: Yes. That would bring Ms Walters up for Friday.

PN19

THE COMMISSIONER: Let us not hold Ms Walters from anything she may wish to do on Friday.

PN20

MR DOUGLAS: I'm content with that, Commissioner. I'm unaware of what Ms Walters is doing on Friday.

PN21

MR TERZIC: That's the course I propose. I do it on behalf of the ETU and the AMWU and we'll be here on Friday at any rate to deal with the classification conciliation.

PN22

THE COMMISSIONER: That is set down for 10 am so what we'll do is we will list these three applications under section 451(1) for 9.30 and, as I said, if there's no one here to oppose or say anything other than what's been said by the parties, the orders will be issued accordingly and the Commission accepts that the parties have complied with the Act and continue to comply with the Act in terms of genuinely trying to reach an agreement so there's no issue there.

PN23

Is that okay with the parties? Mr Douglas, is that okay with you?

PN24

MR DOUGLAS: May it please the Commission, yes.

PN25

THE COMMISSIONER: Ms Walters, is that okay with you?

PN26

MS WALTERS: Yes, Commissioner.

PN27

THE COMMISSIONER: You may do whatever you wish, Ms Walters, on Friday.

PN28

MR TERZIC: What I might do is circulate some draft orders that capture the postal ballot timeframe. I'll send them through to your associate and the other parties ahead and hopefully, you'll have a draft order that will reflect the consent of the parties and it can just be made.

PN29

THE COMMISSIONER: That will be terrific. Thank you. The Commission will stand adjourned in these three matters till 9.30 Friday, 22 February.

<ADJOURNED UNTIL FRIDAY 22 FEBRUARY 2008 [9.55AM]