C1433/500, Transcript of Proceedings [2001] AIRCTrans 132 (2 March 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 5906

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER JONES

C NO 14335 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
MARKETING AND PRODUCT DEVELOPMENT
ENTERPRISE AGREEMENT 2000

MELBOURNE

1.20 PM TUESDAY, 13 FEBRUARY 2001

PN1

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

PN2

MR B. NADENBOUSCH: I appear on behalf of Association of Professional Engineers and Scientists.

PN3

THE COMMISSIONER: Thank you.

PN4

MR KENNEDY: Commissioner, this is an application for certification of agreement under division 3 section 170LS of the Workplace Relations Act '96 in relation to ADI Limited's Ordinance Marketing and Product Development Unit, which is located at Norwich House at 509 St Kilda Road, Melbourne. The application is accompanied by the required statutory declarations from ADI, signed by myself and the AWU and APESMA.

PN5

The statutory declarations address all the issues required for certification, including the title of the agreement, the number of employees covered, and that is 41. 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. The agreement was made available to the employees covered by it at least 14 days before it was voted upon, and the vote was taken on 21 December 2000.

PN6

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 5.5 of the statutory declaration. The agreement does contain a dispute settlement procedure, which is at clause 7. The fact that the agreement was voted on and passed by a valid majority of employees covered by it has occurred. And the agreement specifies a nominal expiry date which is not more than three years from today's date. That is at clause 8.2 of the agreement, and it is 30 September 2003.

PN7

Again, it is my submission that the application meets the requirements of the Workplace Relations Act, and I seek certification of the agreement in accordance with the Act. If the Commission pleases.

PN8

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

PN9

MR NADENBOUSCH: Commissioner, you have on your file a statutory declaration made out by myself for APESMA. That contains all the relevant details pertinent to the certification of this agreement. Mr Kennedy has outlined the basis to the certification of the agreement. I suppose his remarks and ask that the matter be certified.

PN10

THE COMMISSIONER: Okay, good. Thanks. I will certify the agreement known as the ADI Limited Marketing and Product Development Enterprise Agreement 2000, in force from today's date, 13 February 2001, remaining in force until 30 September 2003. I will issue a certificate, and the parties will receive it in due course.

ADJOURNED INDEFINITELY [1.25pm]