B2015/664, Transcript of Proceedings [2015] FWCTrans 445 (4 August 2015)

TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009 1052216

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COMMISSIONER GREGORY

B2015/664

s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia

and

Transpacific Industries Group Ltd T/A Cleanaway

(B2015/664)

Melbourne

8.36 AM, MONDAY, 22 JUNE 2015

PN1

THE COMMISSIONER: Good morning. I ll take the appearance in this matter, please.

PN2

MR McCRONE: Luke McCrone, TWU.

PN3

THE COMMISSIONER: Thank you very much, Mr McCrone. It would appear as they we don t have a representative from the employer here this morning. We have endeavoured to make contact with them unsuccessfully. What I would propose to do Mr McCrone and subject to anything that you want to say to the contrary is to hear any further submissions you wish to make in regards to the application now.

PN4

I don t propose to make the order right at this point. I do propose to give the employer the opportunity to make contact with us today in the event and look if they do indicate that there appears to be some grounds that suggest that their entitlement be heard in regard to the matter then I will give consideration to that, otherwise if that appears not to be the case, I ll simply go ahead and make the order, provided I am satisfied with the submissions that you re about to make in regard to that order. Are you happy to proceed with the matter on that basis?

PN5

MR McCRONE: That s fairly reasonable, Commissioner.

PN6

THE COMMISSIONER: Thank you very much Mr McCrone. All right. Would you like to say anything further in regard to the application at this point?

PN7

MR McCRONE: Well, it s a little difficult to know what, in particular, I should raise.

PN8

THE COMMISSIONER: Yes.

PN9

MR McCRONE: I m not sure what, if any objections exist to the order being made. I mean I will say this. There s been significant effort by the TWU to reach an agreement in these negotiations.

PN10

THE COMMISSIONER: I see you ve detailed a series of meetings and a series of report-back to members in the application?

PN11

MR McCRONE: That s right, Commissioner. And we ve had four meetings thus far in an attempt to resolve the agreement and we have another one scheduled for tomorrow. Those are meetings between the negotiating committee made up of rank and file representatives as well as myself. As I say, four meetings thus far one scheduled for tomorrow. After each meeting we have a joint report back to the workers conducted by myself and the representative for Transpacific Management.

PN12

THE COMMISSIONER: So both parties are providing a report-back at the same time?

PN13

MR McCRONE: That s right. So the company will go first and then they ll leave and we ll have an opportunity to talk to the workers without management present.

PN14

THE COMMISSIONER: Who are you negotiating with on behalf of the company? Is it Mr Andree Wans?

PN15

MR McCRONE: Mr Andree Wans, he s from Human Resources and you have from an operational point of view Terry Prendergast and Ross Anderson.

PN16

THE COMMISSIONER: Thank you.

PN17

MR McCRONE: I m not sure what else to say. There were some we did receive an email from Sally Beard, representing Transpacific late last week querying whether or not the State secretary had the necessary authority to sign the applications. Certainly, from our point of view there s no doubt about that provided the dispute is or concerns matters only in Victoria. The State Secretary certainly has the authority to sign that paperwork.

PN18

THE COMMISSIONER: And I understand the existing enterprise agreement am I right in assuming this covers a group of employees based down at Geelong?

PN19

MR McCRONE: That s right.

PN20

THE COMMISSIONER: Yes. And I understand that that agreement the nominal expiry date is the 30 June 2015.

PN21

MR McCRONE: Correct.

PN22

THE COMMISSIONER: Yes. All right. Thank you very much Mr McCrone. Look, I can just indicate at this point that I am satisfied that the applicant, being the Transport Workers Union is a bargaining representative for the group of employees who are proposed to be covered by this agreement who are the members of the Transport Workers Union based at Geelong and employed by Transpacific Industries Group, trading as Cleanaway.

PN23

I am also satisfied that the application specifies the questions to be put in the ballot, including the nature of the proposed industrial action. And I am also satisfied that the application has not been made more than 30 days prior to the nominal expiry date of the existing agreement that covers the parties, being the Cleanaway Geelong Depot Municipal Enterprise Agreement, 2011, whose nominal expiry date is the 30 June 2015.

PN24

I would understand based on those requirements in section 437 being satisfied that I must make the orders sought if I m satisfied as well that the applicant is genuinely trying to reach agreement. I understand that there had been at least four EBA negotiating meetings that have taken place during the last three months and I understand there is a further meeting scheduled for tomorrow. So I am satisfied as well that the union is genuinely trying to reach agreement.

PN25

As I have indicated at the outset there has been no appearance in the proceedings this morning by the employer. We have endeavoured to make contact with the employer without success. I do intend to allow the employer to have the balance of today to reply to the attempt we have made to make contact with them.

PN26

I will make the order that is sought by the TWU by close of business today, unless I am satisfied that there do appear to be matters that the employer wishes to raise that are appropriate to be heard in regard to the application. If I do form that view the union will be notified immediately of that and the matter will be scheduled and set down again as soon as possible. But in the event that that is not the case, as I indicate, the orders sought by the union will be made by close of business today. If there s nothing further at this stage, Mr McCrone?

PN27

MR McCRONE: Nothing further, Commissioner.

PN28

THE COMMISSIONER: Thank you very much. The matter is adjourned.

PN29

MR McCRONE: Thank you.

ADJOURNED INDEFINITELY [8.42 AM]