PR944399 PR944399 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.127 (2) application to stop or prevent industrial action Coates Hire Limited and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (C2004/1786) Building, metal and civil construction DEPUTY PRESIDENT HAMILTON MELBOURNE, 10 MARCH 2004 Agreed Outcome of Conference [1] Coates have made the following offer to the AMWU and CFMEU: employees in any branch, metropolitan or country, may elect to retain existing rights to take rostered days off (`RDOs') for the life of the current certified agreement; Coates guarantees that there will be no pressure, coercion or request that an employee elect to abandon RDOs; where an employee leaves, a new employee will have Coates conditions, which do not include RDOs, subject to paragraph 6. [2] The AMWU has made the following offer to Coates: it is prepared to visit each branch together with management to investigate any alleged impracticality in the branch of working RDOs; if any impracticality is identified it commits to working to produce a solution consistent with clause 35 of the certified agreement. [3] The parties will adjourn for two weeks to consider these offers in detail and will report back to the Commission on Wednesday 24 March at 2.15 pm. [4] Both Coates and the AMWU commit to retaining the status quo while these discussions occur, which in practical terms means that RDOs will continue to be taken and there will be no bans and limitations. [5] Both sides reserve their position on the form that any new replacement certified agreement takes on the expiry of the current agreement. [6] The Commission notes that neither proposal detracts from the rights of employees under the current certified agreement. BY THE COMMISSION: DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>