C3796/000, Transcript of Proceedings [2001] AIRCTrans 126 (2 March 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 5956

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

C NO 37960 of 2000

APPLICATION FOR CERTIFICATION
OF AGREEMENT

APPLICATION UNDER SECTION 170LK
OF THE ACT BY THE ONEMDA ASSOCIATION
INC FOR THE CERTIFICATION OF ONEMDA
ENTERPRISE AGREEMENT 2000

MELBOURNE

9.42 AM, WEDNESDAY, 14 FEBRUARY 2001

PN1

MR I. OOSTERMEYER: I appear on behalf for Onemda. Thank you.

PN2

THE COMMISSIONER: Thank you. My apologies for the late start. I had a lapse of memory. I forgot that I had this on. So in passing you in the lobby, I wondered why you were here. Now I know.

PN3

MR OOSTERMEYER: I was wondering the same.

PN4

THE COMMISSIONER: This is an application under section 170LK. A number of statutory declarations were provided and the Commission spoke to a Ms Robinson and sought addition statutory declarations from those that would be parties to the - or employees that were covered by the agreement in order to satisfy itself, that is the Commission, to satisfy itself that those that voted on the agreement understood the agreement.

PN5

It now has those statutory declarations and, with that in mind, is there anything in the agreement, Mr Oostermeyer, considering that the Commission has read it and read the statutory declarations, that you would care to make some submissions on?

PN6

MR OOSTERMEYER: No, sir, there isn't. The main intent of the agreement is to standardise conditions within the employment situation. And in fact this agreement replaces a previous agreement which was the Onemda Non-disability Services Award Staff Enterprise Agreement which was also an LK agreement. I think it is worth noting that it was initially proposed that it would be an LJ agreement but the ASUA failed to respond for about six months so the employer decided to go down this path.

PN7

THE COMMISSIONER: Right. Right. Thank you. Right. This is an application under section 170LK of the Workplace Relations Act for the certification of an agreement. The agreement in this matter is to be known as the Onemda Enterprise Agreement 2000. The Commission has read the statutory declarations that have been provided and has read the agreement, and is satisfied that all provisions of section 170 have been complied with. The Commission is therefore prepared to certify the agreement. The agreement shall come into operation on and from the date of certification which is today's date, 14 February 2001, and the agreement shall remain in force for a period of two years. There being no further business, the Commission wishes you a good morning and stands adjourned.

ADJOURNED INDEFINITELY [9.45am]