Construction, Forestry, Mining and Energy Union-Mining and Energy Division Northern District Branch
[2010] FWA 1787
•3 MARCH 2010
[2010] FWA 1787 |
|
STATEMENT |
Fair Work Act 2009
s.240 - Application to deal with a bargaining dispute
(B2010/91)
WEST WALLSEND UNDERGROUND MINE COLLECTIVE AGREEMENT 2007
[AC305942]
Coal industry | |
COMMISSIONER ROBERTS | SYDNEY, 3 MARCH 2010 |
Application to deal with a bargaining dispute.
[1] Further to the conciliation conference held before me on 1 March 2010, the following reflects my view of the understanding reached between the Construction, Forestry, Mining and Energy Union (the CFMEU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the AMWU) and Oceanic Coal Australia Pty Limited (the Company) concerning the progressing of negotiations between the parties for the making of a new enterprise agreement to cover employees of the Company at its West Wallsend Underground Colliery. The parties have been in dispute over the methodology to be adopted in negotiations.
[2] The Unions and the Company are to schedule two separate meetings between the Unions, the Unions’ Negotiating Committee and Company representatives. Both meetings will be conducted as ‘overview’ exercises whereby each side will have an opportunity to put forward its principal aims, speak to those aims and ask questions/seek clarification from the other side.
[3] The first meeting will be concerned with the Unions putting forward the aims of their logs of claims and informing the Company as to those areas which are of greatest importance to the Unions together with an overview of claims generally. The Company accepted service of logs of claims at the conciliation conference.
[4] The second meeting will be for the Company to respond in broad to the logs of claims, to put forward its principal aims in negotiations and to ask questions/seek clarification from the Unions.
[5] The meetings between the parties are to be concluded on or before 22 March 2010.
[6] After the two meetings described above have been conducted, the Unions agree to a ‘test run’ of the Company’s preferred negotiating methodology in relation to clauses 1 to 7.1 (inclusive) of the current agreement. At the conclusion of that process, the Unions will decide if they agree to continue using the Company’s methodology. Failing agreement, this dispute will be relisted for conciliation at the request of any of the Unions or the Company.
COMMISSIONER
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