and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v UGL Kaefer

[2013] FWC 4853

[2013] FWC 4853

The attached document replaces the document previously on 18 July 2013 in B2013/821 [PR539119].

The previous document was issued without a Media Neutral Code. The attached document corrects this error.

Please discard the document originally issued and replace it with the attached

Patti Ladd

Associate to Commissioner Blair

Dated 12 August 2013

[2013] FWC 4853

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.240—Bargaining dispute

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia;
The Australian Workers’ Union; and
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
UGL Kaefer
(B2013/821)

COMMISSIONER BLAIR MELBOURNE, 18 JULY 2013

Application to deal with a bargaining dispute.

[1] The Fair Work Commission (the Commission) has conducted seven conferences between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; The Australian Workers’ Union; and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (together, the Unions) and UGL Kaefer (the Company) (collectively, the Parties).

[2] The conferences commenced on Monday 20 May 2013 and concluded on Tuesday 16 July 2013. The Parties conducted themselves in a professional manner despite times when the negotiations became very robust as each party put their position in a firm manner.

[3] At the conference held on Tuesday 16 July 2013 the Parties agreed that:

1. they had reached the end of the negotiating process, having put their final positions on the table;

2. the Commission would issue this statement;

3. a final document setting out the proposal for both onshore and offshore employees would be delivered to the Unions by the close of business Friday 19 July 2013 for their sign off;

4. the Unions are to respond to the Company by the close of business Wednesday 24 July 2013 regarding any clarifications on the wording of the document (this does mean not renegotiating clauses);

5. once the Parties sign off on the final document, each employee will receive a copy of the document for their consideration;

6. it is the objective of the parties to work towards a vote for onshore employees to be conducted by Wednesday 7 August 2013, with the voting to be conducted at Morwell, and a vote for offshore employees to be conducted by Thursday 8 August 2013 with the voting to be conducted at Sale.

[4] The offer of a sign on payment for onshore employees is to apply as follows:

1. $1800 nett payment for permanent employees and casual employees with more than three months’ service and who were on the employer’s list as at 9 July 2013; and

2. $900 nett payment for casuals with less than three months’ service and who were on the employer’s list as at 9 July 2013.

Three months’ service starts from 9 July 2013 and works back from that date.

[5] The offer of a sign on payment for offshore employees is to apply as follows:

1. $1800 nett payment for permanent employees and casual employees who have worked six cycles over a 12 month period and who were on the employer’s list as at 9 July 2013. The 12 month six cycles starts from 9 July 2013 and works back from that date and

2. $900 nett payment for casual employees who didn’t work six cycles over the 12 month period and who were on the employer’s list as at 9 July 2013. The 12 month six cycles starts from 9 July 2013 and works back from that date.

3. All employees who commenced employment after 9 July 2013 qualify for the $900 payment.

If an employee, for the purpose of the sign on payment, has an issue over the payment or non payment, the issue will be resolved by the Commission through the disputes procedure.

Commission’s observations

[6] The Commission notes that not all matters raised by the parties have been settled to everyone’s satisfaction, but the proposal needs to be looked at as a package. Therefore, having conducted seven conferences between the parties and having the benefits of seeing each party’s final position, the Commission is of the view that the proposal that will be put to the onshore and offshore employees should be supported and accepted, given that it provides a respectable outcome.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR539119>