“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v AutoNexus Pty Ltd
[2011] FWA 3535
•2 JUNE 2011
[2011] FWA 3535 |
|
STATEMENT |
Fair Work Act 2009
s.240—Bargaining dispute
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
AutoNexus Pty Ltd
(B2011/2862)
COMMISSIONER RYAN | MELBOURNE, 2 JUNE 2011 |
[1] The AMWU has made application to Fair Work Australia pursuant to s.240 of the Fair Work Act 2009 for FWA to deal with a dispute over the bargaining between AMWU and AutoNexus for a new enterprise agreement.
[2] FWA has already assisted both the AMWU and AutoNexus in convening conferences of the parties at which several issues relating to the bargaining for a new enterprise agreement have been considered.
[3] At the most recent conference held on May 2011 the parties agreed that further bargaining would be assisted if there was clear understanding on what proposed clauses of a new enterprise agreement were fully and finally agreed and what clauses or subject matters were not agreed.
[4] After discussion with the parties I have identified that the majority of the proposed new enterprise agreed is agreed and that there are key issues and clauses which are not agreed.
[5] I have attached to this statement a document which contains all of the agreed clauses.
[6] The clauses or issues which are not agreed and which are the subject of continuing bargaining between the parties are as follows:
Clause 5 Relationship to Award
Clause 5.1 is agreed between the parties but there is no agreement over the wording of clause 5.2. The principle behind clause 5.2 is agreed but the difference between the parties is over how to best express that principle in the enterprise agreement.
However both parties recognize that the wording of clause 5.2 is an issue which they should be able to resolve through more detailed discussion. The parties will continue to discuss the wording of clause 5.2.
Clause 18 Redundancy and Annexure 6 - Transferred Employees Redundancy Entitlement
Are not agreed.
The issue in dispute between the parties relates to different redundancy entitlements for transferred employees and other employees. The union wants all employees to get the higher of the redundancy payments. The Company wants to offer the higher payments only to the transferred employees as this reflects a special entitlement of those employees.
Both parties are considering how to deal with this issue.
Annexure 3 - Flexibility Term
There is no agreement between the parties in relation to what matters can be the subject of an Individual Flexibility Arrangement under the Flexibility Term. The union wants to have only 1 specific matter identified in Annexure 3. The company which proposed using the model Flexibility Term as found in the Fair Work Act is considering the union position.
Casual Conversion
This is a subject matter that is not in the proposed new enterprise agreement but which is sought to be included by the AMWU.
At the conclusion of the conference on May 2011 both parties indicated that they would need further time to consider issues relating to casuals.
Contractors
This is a subject matter that is not in the proposed new enterprise agreement but which is sought to be included by the AMWU.
The Company strongly oppose the AMWU proposal.
Time Off In Lieu of Overtime Payments and RDO’s
This is a subject matter that is not in the proposed new enterprise agreement but which is sought to be included by the AMWU.
The Company does not agree with the union proposal.
This issue is part of the wider disagreement between the parties over Working Hours and will be dealt with in that context.
Clause 16 Working Hours/Additional Hours and Clause 20 Wages and Classification Structure
The 2 issues of Wages and Hours are still in dispute and constitute the major area of disagreement between the parties.
[7] The parties are considering what role if any FWA should or could play in assisting the parties come to an agreement on the issues still not agreed. If the parties come to an agreed position on a role for FWA to assist the parties FWA has agreed to consider providing further assistance to the parties.
[8] The parties will advise FWA by 7 June 2011 if they have reached agreement on the role they want FWA to play in assisting the parties to reach agreement on outstanding issues.
COMMISSIONER
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