AG2011/2891, Transcript of Proceedings [2011] FWATrans 1310 (11 November 2011)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 64800-1

SENIOR DEPUTY PRESIDENT ACTON

AG2011/2891

s.185 - Application for approval of a single-enterprise agreement

Application by Insight Systems Group Ltd
(AG2011/2891)





Melbourne

11.09AM, MONDAY, 7 NOVEMBER 2011

PN1

THE SENIOR DEPUTY PRESIDENT: Could I have the appearances, please.

PN2

MR L. WINCHESTER: Mr Luke Winchester.

PN3

MR D. BALDWIN: Mr Daniel Baldwin.

PN4

MR D. ZUBCIC: Mr Dusko Zubcic.

PN5

THE SENIOR DEPUTY PRESIDENT: Thank you. This agreement, I've got a couple of queries. This agreement currently covers seven employees. Is that right, Mr Winchester?

PN6

MR WINCHESTER: Yes. That sounds correct, yes.

PN7

THE SENIOR DEPUTY PRESIDENT: And what classifications are they currently in?

PN8

MR WINCHESTER: Per employee breakdown?

PN9

THE SENIOR DEPUTY PRESIDENT: Yes.

PN10

MR WINCHESTER: Dan?

PN11

MR BALDWIN: All bar six are on a senior install and one of them is the higher one; the combined senior install electrician.

PN12

THE SENIOR DEPUTY PRESIDENT: Sorry, one of them is a what?

PN13

MR BALDWIN: One of them is a senior installation technician with the A-grade licence.

PN14

THE SENIOR DEPUTY PRESIDENT: So if I look at the rates in the agreement - what clause are they again? Schedule B.

PN15

MR WINCHESTER: Yes.

PN16

THE SENIOR DEPUTY PRESIDENT: Where do these employees currently fit?

PN17

MR BALDWIN: On the top two categories: senior installation technician and senior installation technician with A-grade licence.

PN18

THE SENIOR DEPUTY PRESIDENT: Right. So why have we got the junior classifications?

PN19

MR BALDWIN: We occasionally want to bring in apprentices and guys that are somewhat inexperienced, so we try to have the allowance to bring those guys in. They're typically people who haven't been in the industry and are straight out of school, for instance, that we want to bring in and teach the trade to.

PN20

THE SENIOR DEPUTY PRESIDENT: So if you engage an apprentice, normally that would be for - how long would you engage them?

PN21

MR WINCHESTER: Sorry, as per the agreement, InSight Systems doesn't actually engage apprentices. They're unable to.

PN22

THE SENIOR DEPUTY PRESIDENT: Yes.

PN23

MR WINCHESTER: There is no audio-visual apprenticeship that an apprentice could qualify for.

PN24

THE SENIOR DEPUTY PRESIDENT: So who are the apprentices - - -

PN25

MR WINCHESTER: It was probably poor wording on Dan's part. "Apprentice" should just be, you know, an inexperienced employee rather than an apprentice.

PN26

THE SENIOR DEPUTY PRESIDENT: Right. Okay. Am I right in understanding the gist of this agreement is some increase in rates of pay in exchange for a reduction in overtime entitlements against the award?

PN27

MR WINCHESTER: Well, that would be the effect of the agreement, yes, but, you know, the primary reason for entering into it from both the company and the employees' point of view is to be bound by an enterprise agreement. That is the main, you know, trade-off of, I suppose, the - - -

PN28

THE SENIOR DEPUTY PRESIDENT: That's not really something I'm required to take into account.

PN29

MR WINCHESTER: I understand. You know, from that point of view, correct, you know, it's essentially no minimum four hours overtime on Saturday, Sundays, public holidays, in exchange for the higher wages of the agreement.

PN30

THE SENIOR DEPUTY PRESIDENT: Right. So you would be able to tell me, for the financial year 2010-11, how much overtime was worked?

PN31

MR BALDWIN: We could give you those figures. I don't have those figures with me today.

PN32

THE SENIOR DEPUTY PRESIDENT: Yes.

PN33

MR BALDWIN: But, yes, absolutely.

PN34

THE SENIOR DEPUTY PRESIDENT: Would you be able to do that for me by employee?

PN35

MR BALDWIN: Yes.

PN36

THE SENIOR DEPUTY PRESIDENT: This agreement has the potential over time to provide rates which are really award rates, but the employees would still be stuck with reduced overtime.

PN37

MR BALDWIN: Okay.

PN38

THE SENIOR DEPUTY PRESIDENT: So I would need to be satisfied with respect to, you know, how much overtime there is actually going to be under this agreement.

PN39

MR BALDWIN: Yes.

PN40

THE SENIOR DEPUTY PRESIDENT: And the best way to do that is to have it go to the past.

PN41

MR BALDWIN: Yes, absolutely. No issue there. It's rare that we work overtime in our industry. It is not typically building site work that we're doing, but I'm more than happy to provide that information.

PN42

THE SENIOR DEPUTY PRESIDENT: Okay. How long do you think that will take you?

PN43

MR BALDWIN: I could have that done today.

PN44

THE SENIOR DEPUTY PRESIDENT: Okay. Well, if you could forward that to my chambers, then I'll be able to have a further look at the agreement.

PN45

MR BALDWIN: Yes.

PN46

THE SENIOR DEPUTY PRESIDENT: Is there anything else?

PN47

MR WINCHESTER: Not on our end, no.

PN48

THE SENIOR DEPUTY PRESIDENT: So it's the overtime by employee for each of the weeks in the financial year 2010-11.

PN49

MR BALDWIN: Yes.

PN50

THE SENIOR DEPUTY PRESIDENT: So, I don't know, Joe Smith, week 1, two hours on Saturday or whatever. Bob Brown, week 1, two hours on Sunday and one hour at night, et cetera - - -

PN51

MR BALDWIN: Yes.

PN52

THE SENIOR DEPUTY PRESIDENT: - - - on whatever - week 2, et cetera. Okay?

PN53

MR BALDWIN: Yes.

PN54

THE SENIOR DEPUTY PRESIDENT: I'll adjourn this matter on that basis.

PN55

MR WINCHESTER: Thank you.

<ADJOURNED INDEFINITELY [11.15AM]