Australian Hardboards Limited v The Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland & Anor [2003] QIRC 184 (2003) 174 QGIG 658

658 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 24 October, 2003 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 156 – certification of an agreement Australian Hardboards Limited AND The Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland and Another (CA408 of 2003) AUSTRALIAN HARDBOARDS LIMITED – CERTIFIED AGREEMENT 2003-2005 COMMISSIONER BLADES 10 October 2003 REPORT ON DECISION (as edited) In giving his decision from the Bench on 9 October 2003, Commissioner Blades said: “This is an application by Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers for the certification of the Australian Hardboards Limited – Certified Agreement 2003-2005. The certification is supported by The Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland and The Electrical Trades Union of Employees of Australia, Queensland Branch, who are both parties to the Agreement. The Agreement does not contain a list of proposed wage rates. Rather, in Attachment 1, it indicates that the Labour Hire Agreement engineering contract rates will be defined in the attachment, and as an example provides “Period 1 – C10 rate as specified in the 200AHL site wage rates”. Any Industrial Inspector attempting to identify the rate of pay applicable to that particular employee would have some difficulty in doing so. Any employee or prospective employee would equally have similar difficulty, if not find it impossible. The Certified Practice Note No. PN6, operative from 15 August 2003, is not binding upon the Commission. It provides: ‘This practice note operates subject to the unfettered and overriding discretion of the Member of the Commission who has been allocated a certified agreement for certification.’. The note also provides in clause 4: ‘Where an agreement provides for an increase(s) in wages or salaries during the life of the Agreement, a table showing the date of the increase and the wage or salary rate payable from that date is to be included in either the body of the Agreement or attached as a schedule to the Agreement. A wage or salary schedule attached to the Agreement will be available for public search.’. Mr Heather has now submitted a schedule of the rates but seeks to retain the rates as confidential and has requested non-disclosure of those rates. He says that there is intense competition in getting hold of labour into the various factories and the general strategy of employers is to withhold the wage rates from the public domain. He relies upon the provisions of s.320 of the Industrial Relations Act 1999 (the Act) that ‘the commission is not bound by technicalities, legal forms or rules of evidence …’. Both Unions seek that the rates be in a published scheduled to the document. With respect, I do not consider that the provisions of s. 320 of the Act authorise the Commission to withhold the rates from public scrutiny. Nor is any such authority to be found in s. 679 of the Act. The reason for the disclosure of the wage rates is apparent. In my view, no reason has been shown why the Practice Note should be disregarded, even if there is some power to order that the rates be prohibited from search or disclosure. It seems that the Practice Note has been devised to overcome what was hitherto been somewhat of a problem for those entitled to seek the wages information. I therefore order that the Agreement be amended by inserting in lieu of the current Attachment 1, the Wages Schedule that is now provided. I have considered also the Affidavit of Janine Mavis Wall, and taking into consideration the submissions of the parties, I am satisfied that the ‘no disadvantage test’ has been met, that there is no impediment to the certification of the Agreement and I order that it be certified on and from today’s date.”. Dated 10 October 2003. By the Commission, [L.S.] E. EWALD, Industrial Registrar. Hearing Details: 2003 8 and 9 October Released: 10 October 2003 Appearances: Mr O. Heather, Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers, for Australian Hardboards Limited. Ms K. Inglis, for The Electrical Trades Union of Employees of Australia, Queensland Branch. Mr K. Allen, for The Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland. -- 1 of 1 --