C1433/400, Transcript of Proceedings [2001] AIRCTrans 131 (2 March 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 5907

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER JONES

C NO 14334 OF 2000

APPLICATION FOR CERTIFICATION
OF AGREEMENT

APPLICATION UNDER SECTION 170LS OF THE
ACT BY ADI LIMITED AND OTHERS FOR
CERTIFICATION OF THE ADI LIMITED
MUNITIONS AND ENTERPRISE BARGAINING
AGREEMENT 2000

MELBOURNE

1.26 PM, TUESDAY, 13 FEBRUARY 2001

PN1

MR P. KENNEDY: I appear on behalf of ADI Limited.

PN2

MR C. PHILLIPS: I appear on behalf of the Australian Workers Union.

PN3

MR B. NADENBOUSCH: I appear on behalf of the Association of Professional Engineers, Scientists and Managers Australia.

PN4

MR D. STEVENS: I appear on behalf of the National Union of Workers. I might say, Commissioner, that the Metalworkers had requested me to appear on their behalf, but I am not sure whether you - they did not send me any documentation and/or I am not sure whether they forwarded any to yourself. And I was supposed to appear on their behalf in the Mulwala agreement as well. I misread the notice of listing, and I apologise for that, Commissioner.

PN5

THE COMMISSIONER: Okay. I have a letter here from the CEPU Electrical Division, pointing out the fact that they are unable to attend, but have no objection to the certification.

PN6

MR D. STEVENS: This was the Metal Workers or the Manufacturing Workers of the AMWU.

PN7

THE COMMISSIONER: Yes, I realise that. Yes, okay. Right. Mr Kennedy?

PN8

MR KENNEDY: Commissioner, this is an application for certification of an agreement under division 3, 170LS of the Workplace Relations Act in relation to the ADI facility which is located at Benalla in north eastern Victoria. It is actually known as the ADI Munitions Facility. The application is accompanied by the required statutory declarations from ADI, signed by myself, the AMWU, the AWU, the CEPU, the NUW and APESMA.

PN9

The statutory declarations address all the issues required for certification, including the title of the agreement, the number of employees covered, which is 344. The agreement does not disadvantage any employees covered by the agreement in relation to their terms and conditions of employment. The disputes upon which this agreement is in part settlement are listed at clause 6.1 of the statutory declaration.

PN10

The agreement was made available to the employees covered by it at least 14 days before it was voted upon, and the vote was actually taken on 8 December 2000. The numbers of employees in the disadvantaged categories required under section 170LT(7), and the means of ensuring that the contents of the agreement were explained to them is detailed at clause 5.7 of the statutory declarations.

PN11

The agreement contains a dispute settlement procedure which is found at clause 8 of the agreement. The fact that the agreement was voted upon and passed by a valid majority of employees covered by the agreement, and the agreement does specify a nominal expiry date which is not more than three years from today's date. Again, it is my submission that the application meets the requirements of the Act, and we seek your certification of the agreement. If the Commission pleases.

PN12

THE COMMISSIONER: Thank you, Mr Kennedy. Mr Phillips?

PN13

MR PHILLIPS: Thank you, Commissioner. The AWU, through its organiser on the ground in the Albury Wodonga area, Mr Alan Bongetti, has appraised the national office that AWU members have been walked through the agreement and they understand the terms of the agreement, that our members had the agreement at least 14 days prior to the voting process. The AWU also relies upon the statutory declaration made by Mr Barry Cochrane, a national vice-president of the AWU, regarding the terms of the agreement. That they meet all the requirements of the Act. The AWU would support the application being certified please.

PN14

THE COMMISSIONER: Okay, thank you, Mr Phillips. Mr Nadenbousch?

PN15

MR NADENBOUSCH: Yes. I have nothing further to add, Commissioner. You have on file the statutory declaration lodged by myself on behalf of my organisation. It contains all the details relevant to certification. There is nothing further that I can add to what Mr Kennedy has had to say, except to join he and Mr Phillips in asking that you now certify this agreement.

PN16

THE COMMISSIONER: Okay, thank you. Mr Stevens?

PN17

MR STEVENS: Thank you, Commissioner. Commissioner, the National Union of Workers would support the submissions of Mr Kennedy from the company. My union has been involved along with our employees and our members in evaluating the agreement. The agreement has, in our view, met and does meet all the tests required under the provisions of the Workplace Relations Act, and on that basis we would request that the agreement be certified. If the Commission pleases.

PN18

THE COMMISSIONER: Good, thank you, Mr Stevens. Just before I certify it I am just checking the stat decs. There is one of the stat decs missing.

PN19

MR KENNEDY: From whom, Commissioner?

PN20

THE COMMISSIONER: Copy of signature page to agreement. I don't know what they are referring to.

PN21

MR KENNEDY: I have got copies here of all the statutory declarations, because I submitted them all. There is one from - - -

PN22

THE COMMISSIONER: Yes. I was just looking through the file, and I didn't have all the copies.

PN23

MR KENNEDY: APESMA, AWU, AMWU, NUW, my own and the ETU.

PN24

THE COMMISSIONER: Yes, I have got them all now.

PN25

MR KENNEDY: I am happy to give you a copy if you haven't got them all.

PN26

THE COMMISSIONER: No. I have got them all now. It looks like one of them must have been missing at the time.

PN27

MR KENNEDY: It was originally, because it was over the Christmas break, and I submitted it straight after Christmas, in the first week of the new year.

PN28

THE COMMISSIONER: I take it as read then. Okay, I will certify then the ADI Limited Munitions Enterprise Bargaining Agreement 2000, coming into force from today's date, 13 February 2001, and remaining in force for a period up to 30 September 2003. I will certify the agreement, issue a certificate accordingly, and the parties will receive that in due course. Thank you, gentlemen.

ADJOURNED INDEFINITELY [1.32pm]