AG2001/681, Transcript of Proceedings [2001] AIRCTrans 124 (2 March 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N 5953

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER JONES

AG2001/681

APPLICATION FOR CERTIFICATION OF
AGREEMENT (UNION - DIVISION 3)

APPLICATION UNDER SECTION WR 170LS OF
THE ACT BY BORAL RESOURCES (VIC) PTY LTD
FOR CERTIFICATION OF THE BORAL RESOURCES
(COUNTRY) VICTORIA AWU AGREEMENT 2001-2003

MELBOURNE

10.06 AM, WEDNESDAY, 14 FEBRUARY 2001

PN1

MR A. HAWKEY: I seek leave to appear on behalf of Boral Resources (Vic) Pty Ltd, trading as Boral Country.

PN2

THE COMMISSIONER: Thank you, Mr Hawkey. I understand you have a message which hasn't been conveyed yet from the union to my office that they were unable to come today.

PN3

MR HAWKEY: Yes, sir. I received a phone call yesterday afternoon from Ashley Cox and he advised me that all of the people that would normally have covered Industrial Commission today and would have therefore been looking after this matter are unavailable and he did indicate to me that you would be receiving a letter from Zoe Angus outlining that problem.

PN4

THE COMMISSIONER: Well, we haven't got it so I will take on board what you said, Mr Hawkey. Do you want to proceed?

PN5

MR HAWKEY: Thank you, sir. This agreement covers the operations of Boral Country at all of its quarry and concrete manufacturing operations in the country. It is, I think, about the third agreement that they have entered into, the parties. So it is simply a development of previous agreements. I have to say that I believe the agreement was lodged five days out of time and I would ask that the Commission exercise its jurisdiction in respect to that. The reason for the late filing was the vote on the agreement was concluded on 22 December. It did get tied up a little bit in people having time off over Christmas. However, we did manage to get it cleaned up within five days of being totally out of time and I apologise to the Commission for that.

PN6

THE COMMISSIONER: I waive the out of time.

PN7

MR HAWKEY: However, we rely really on the content of the statutory declarations and we believe that the agreement is a good agreement; it doesn't disadvantage any employees and ask that the Commission certify the agreement with effect from today's date, if the Commission please.

PN8

THE COMMISSIONER: Thanks, Mr Hawkey. Having heard Mr Hawkey, I will now certify the agreement to be known as the Boral Resources (Country) Victoria AWU Agreement 2001-2003 to come into effect from 14 February 2001 and remain in force for a period up to and including 31 December 2003. I will sign the certificate now and they will be available to you, Mr Hawkey, before you leave.

PN9

MR HAWKEY: Thank you.

ADJOURNED INDEFINITELY [10.09am]