PR951785 PR951785 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.99 notification of industrial dispute Iveco Trucks Australia Limited and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union Australian Municipal, Administrative, Clerical and Services Union National Union of Workers The Australian Workers' Union (C2004/5625) Vehicle industry COMMISSIONER HINGLEY MELBOURNE, 8 SEPTEMBER 2004 Negotiations for a new enterprise bargaining agreement. DECISION [1] The following decision was given in transcript on 8 September 2004: [2] I have considered all that is before me and taken into account my knowledge of the actions and positions of the parties in conferences before me in relation to facilitating the making of a new enterprise bargaining agreement. The functions of the Commission in these circumstances are specifically prescribed in s.170LA of the Workplace Relations Act 1996 (the Act) and I have been guided at all times by these legislative provisions. [3] It has not been contended that the industrial action is unprotected. [4] The Act in Part VIB Division 8 provides strict provisions required to be met before industrial actions can be categorised as protected. The basis for this application for directions that the industrial action cease while the parties meet and confer, is based primarily on injury currently and has the potential to be sustained by the Company. [5] The Act provides for this category of response in negotiation of an enterprise agreement and it is accepted that it is intended in its application to be coercive. Therefore the action being taken, whatever its wisdom or fairness, is within the scheme of the Act. I have grave doubts that the Act provides the Commission with power under s.111 (1) to order that protected industrial action cease. [6] There are other options alternative to this application, open to parties in certain circumstances, but for the above reasons, I am not persuaded that I should grant this instant application. In saying that it is therefore irrelevant for me to address the various submissions put in opposition to the application. [7] I do however put in the alternative the recommendation, that the parties continue to meet and earnestly confer to resolve their outstanding differences. The Commission continues to indicate both its willingness and availability to assist. [8] Without in any way trivialising any aspect of the negotiations and losses being incurred by both the Company and employees, in my view those mutual losses have the potential to far outweigh the differences currently between the parties and are accordingly a strong incentive for both parties to exercise good faith, pragmatism and creativity. [9] If it is the wish of the parties, the Commission as presently constituted is available to reconvene a further conference immediately following these proceedings. You are at liberty to advise my Associate if you wish to take up this invitation. BY THE COMMISSION: COMMISSIONER