AG2001/1970, Transcript of Proceedings [2001] AIRCTrans 1029 (30 May 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 60-70 Elizabeth St SYDNEY NSW 2000
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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER JONES

AG 2001/1970

APPLICATION FOR CERTIFICATION
OF AGREEMENT

APPLICATION UNDER SECTION 170LJ OF THE ACT
BY THE MEDIA, ENTERTAINMENT AND ARTS ALLIANCE
AND ANOTHER FOR CERTIFICATION OF THE ENSEMBLE
PRODUCTIONS PTY LTD PERFORMERS' CERTIFIED
AGREEMENT 2000-2002

SYDNEY

9.37 AM, THURSDAY, 10 MAY 2001

PN1

THE COMMISSIONER: May I have the appearances, please?

PN2

MS E. PROPER: If the Commission pleases, I am from the Media, Entertainment and Arts Alliance and I have with me

PN3

MS C. MONTGOMERY.

PN4

THE COMMISSIONER: Yes, Ms Proper?

PN5

MS PROPER: Commissioner, there's a little bit of a story about this matter - - -

PN6

THE COMMISSIONER: Do you want to tell me off record or do you want to tell me on the record?

PN7

MS PROPER: No, I can tell you on record. It was only brought to my attention this morning, as I looked at the listing, that I was appearing. As I understand it, there was a successful fax to both myself and Ensemble Theatre. However, I didn't know I was appearing. So I'm more than pleased to certify the agreement this morning - this will be the second agreement that I'm certifying, because I've just certified Glen Street, so if you can kindly bear with me because I haven't got my file with me. I'm going to have to refer to the Act, if that's all right, and it won't be as nice as the spiel I gave before.

PN8

Commissioner, I'm asking you to certify the Ensemble Productions Pty Ltd Performers' Certified Agreement 2000-2002. The AG number is 2001/1970. It is section 170LJ under the Act. As I understand, it was signed by Chris Warren, Federal Secretary of the Media, Entertainment and Arts Alliance, and filed with you on Thursday, 12 April 2001.

PN9

Wendy Peacock, the General Manager of Ensemble Theatre, signed a stat dec on behalf of their theatre company and a cast voted on this agreement. They had adequate time. The agreement was made available to them through dressing-rooms, green rooms and through the General Manager who always had a copy of the agreement in her office for them. I can't give you the ACN number, I'm sorry. The agreement passes the no disadvantage test. A dispute settling procedure is set out in clause 15 of the agreement and the agreement specifies a nominal expiry date of 30 June 2002, that the agreement has a life less than three years.

PN10

On these grounds I would ask that you certify the agreement for today's date. Thank you.

PN11

THE COMMISSIONER: It's given an effective date from 1 July 2000.

PN12

MS PROPER: Yes, as from 1 July 2001.

PN13

THE COMMISSIONER: We're now in 2001 but the certification date, or the date the agreement came into force was 1 July 2000.

PN14

MS PROPER: For the Ensemble?

PN15

THE COMMISSIONER: Yes, for the Ensemble. It's the 1 July 2000 agreement. I can make it effective from today's date, of course.

PN16

MS PROPER: I think that's most probably a typo and a faux pas.

PN17

THE COMMISSIONER: It's to come into force in the future - is that it?

PN18

MS PROPER: No, it's meant to be effective from today's date.

PN19

THE COMMISSIONER: I see - until 1 July 2001?

PN20

MS PROPER: Yes. Currently there are rates still in place. On 1 July there is another increase to those rates. That, unfortunately - I'm sorry - is a typo.

PN21

THE COMMISSIONER: Well, when does the first pay increase take effect from?

PN22

MS PROPER: The first pay increases are already now existing. They were effective form July of last year.

PN23

THE COMMISSIONER: The agreement is effective from July last year.

PN24

MS PROPER: Yes, yes.

PN25

THE COMMISSIONER: There's no problem with that, but you haven't got it certified. When did the employers know about it? I'm talking about the out-of-time situation.

PN26

MS PROPER: No, the employers knew about it last year.

PN27

THE COMMISSIONER: It's out of time, isn't it?

PN28

MS PROPER: Can I consult with my colleague?

PN29

THE COMMISSIONER: Yes.

PN30

MS PROPER: The association, with the employers were protracted and there was a dispute with the theatre company about signing the agreement. There is no problem with Glen Street. They were the first company to sign the agreement and to complete to certification and they have already implemented the new rates of pay. That doesn't answer the question though, does it? I'm sorry.

PN31

THE COMMISSIONER: That's all right.

PN32

MS PROPER: I'll just consult with my colleague. Shall I ask that the matter be set aside?

PN33

THE COMMISSIONER: Well, if you can provide the Commission with a - no, it's better to leave it, I think. It will be up to the parties to notify the Commission when they want matter brought on again.

PN34

MS PROPER: All right. Thank you.

PN35

THE COMMISSIONER: The matter is now set aside. The parties to advise the Commission when they want the matter re-listed. It's up to you whether you want to re-list it under the current C No or you want it re-listed as a new matter.

PN36

MS PROPER: That was my next question, Commissioner. One would assume that the procedure now would be that Ms Proper will have to go through the process of taking another vote, because it's out of time - - -

PN37

THE COMMISSIONER: We do get cases from time to time where the parties agree for various reasons to back date a pay increase and I understand from an agreement point of view, the agreement would state the date that they were getting paid but the question is, that can be still within time because the employers themselves have got the agreement for the first time, they've agreed to it and it is backdated, but in this case, it looks like a certain agreement which has been paid but in fact, the employers have only voted on a - well, haven't voted on it in recent time -

PN38

MS PROPER: Thank you. I haven't got the file with me but the cast that voted was in March or April.

PN39

THE COMMISSIONER: I understand the difficulties that you and the employers have with a floating population, that from the very nature of the industry people are not always there when you want them to be there. I'll leave it with you and it's up to you if you want it re-listed on the current C No or a new C No and I'll accommodate it either way.

PN40

MS PROPER: All right, thank you.

PN41

THE COMMISSIONER: Nothing further?

ADJOURNED INDEFINITELY [9.46am]