Thursday, 14 June 2001 - Day Eight of Full Bench Arbitration
Thursday, 14 June 2001 - Day Eight of Full Bench Arbitration
The CEPU's Jesse Maddison opened proceedings on behalf of the AMWU, CEPU and AWU. Mr Maddison pointed out that Yallourn Energy had indicated that it did not wish to cross-examine Terry Lee on his witness statement.
Mr Maddison then sought to tender a second witness statement from Terry Lee in response to a reply witness statement that had been forwarded from Yallourn Energy's Mine Manager, Lindsay Ward. This was accepted by Yallourn Energy. The CFMEU indicated that references to Mr Ward's witness statement would be objected to unless the CFMEU had opportunity to cross-examine Mr Ward on a range of matters. This request saw the rapid withdrawal by Yallourn Energy of Mr Ward's witness statement, and according to observers, Mr Ward's departure from the courtroom.
Mr Maddison then withdrew the second statement for redrafting before continuing with the submission. He pointed out to the full bench that the three unions he was representing still had their bargaining periods in place and accordingly could not have an MX Award imposed on their members. Like other unions' submissions, the objects of the Act were referred to.
After tendering a draft "parties bound" clause for the MX Award, queries raised by SDP Polities and SDP Kaufman saw debate ensue between the parties present. The debate revealed significant confusion over how the site's employees from various unions and in various workgroups may or may not fall within the bounds of any MX Award.
Ms Bissett representing the ACTU then sought leave for, and was granted, the ACTU to make its submissions in writing at the time when the CFMEU made its final written submissions.
At 10:52 am Mr Green began the closing submission for Yallourn Energy. He spoke much of Commissioner Lewin's decision to terminate the bargaining periods as well as the events surrounding the 2 November 2000 and the December 2000 ballot.
Mr Green tendered an outline of the company's closing submission. He also spoke at length about job security, stand-downs and redundancies and tendered a modified clause for the company's proposed MX Award. The new clause raised redundancy payments to 3 weeks pay per year of service with a cap of 52 weeks.
Both SDP Polities and Commissioner Bacon asked searching questions of Mr Green on the behaviour of Yallourn Energy during the bargaining period as well as questioning the extent of the company's claims for the MX Award.
Mr Green spoke at length about the company's willingness to consult. However, after a question by Cmr Bacon as to what he would expect to occur if the employees were still not happy after the consultation, he revealed that the company's opinion would prevail.
Mr Green then put forward examples of what the company claimed to be the union's abuse of consult and agree provisions. He raised the issue of overtime and blamed minimum manning agreements for it. This caused both SDP Polities and Kaufman to query the statement.
Mr Green inferred that the company's two witnesses, Smith and Howells were honest and of quality, going as far as saying about Smith, "we know the cut of his jib".
Commissioner Bacon inquired as to what the company intended in regard to hours of work and built-in overtime given the lack of detail and regulation in the company's draft MX Award. He suggested that if it is all at the company's behest things such as 13 hour shifts and 60 hour weeks were possible.
Mr Green went on to highlight that Yallourn Energy was seeking an "enabling document" and that the SECV based culture was no more, reciting the old derogatory cliche, "Slow Easy and Comfortable".
When Mr Green inferred that the other power industry sites in the Latrobe Valley were not relevant SDP polities remarked on the concept and creation of 'paid rates awards'. Mr Green then talked about the Latrobe Valley. He conceded that the people were hurting, there were rows of empty shops and it was a sad and depressing place. However, he argued that the governments could not do anything about it and there was only so much the company could do about it. He suggested the best thing would be for the company to prosper.
The case then adjourned for a lunch break.
Mr Green continued with his closing submission referring to the Curragh Mine decision. He also rejected suggestions that the company was attempting to de-unionise the Yallourn site.
Yallourn Energy's closing submission was completed after a further debate between the full bench and Mr Green about the extent that any MX Award would apply to employees of differing unions or workgroups.
The final scheduled hearing was then closed at 3 pm. The next step in the case is for the CFMEU to provide its closing submission by the 28 June 2001. The ACTU will also have to have its submission in by this date. Following the CFMEU submission, Yallourn Energy will have until the 5 July to reply in writing and unless any further hearings are called for the full bench will begin their deliberations.
It is expected that it will be a couple of months at least before any decision is handed down.