C1405/900, Transcript of Proceedings [2001] AIRCTrans 139 (2 March 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 5909

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER JONES

C NO 14059 OF 2000

APPLICATION FOR CERTIFICATION
OF AGREEMENT

APPLICATION UNDER SECTION 170LJ OF
THE ACT BY TRANSPORT WORKERS UNION OF
AUSTRALIA AND ANOTHER FOR CERTIFICATION
OF THE K&S FREIGHTERS/K&S INTEGRATED DISTRIBUTION/TRANSPORT WORKERS AGREEMENT
2000

MELBOURNE

2.05 PM, TUESDAY, 13 FEBRUARY 2001

PN1

MS J. TISDALE: I appear on behalf of the Transport Workers Union.

PN2

MR J. FINDLAY: I appear on behalf of K&S Freighters Pty Limited.

PN3

THE COMMISSIONER: Thank you. Yes, Ms Tisdale?

PN4

MS TISDALE: Thank you, Commissioner. This is an application made under division 2 of part VIB for certification of an agreement made under section 170LJ of the Workplace Relations Act. All of the requirements of the Act have been met, except in relation to section 170LM of the Act, which requires that an application to certify the agreement be made within 21 days of the agreement's approval.

PN5

The agreement was approved on 15 November 2000, but not filed with the Registry until 12 December, making it nine days out of time. The delay was primarily due to a delay in receiving documentation from the branch and the company. I am instructed that there has been no material or significant change in the composition of the work force between the date of approval by a valid majority and the date the agreement was filed with the Commission. I would seek the Commission exercise its discretion under section 111(1)(r) to extend the prescribed time limits.

PN6

THE COMMISSIONER: Mr Findlay, do you agree with that?

PN7

MR FINDLAY: I do, Commissioner.

PN8

THE COMMISSIONER: Okay, thank you. I will waive the out of time question then, thanks. Yes, Ms Tisdale?

PN9

MS TISDALE: The requirements of section 170LJ of the Act have been met, in that the Transport Workers Union has at least one member employed in the part of this single business whose employment will be subject to the agreement, and we are entitled to represent the industrial interests of that member. The agreement was approved by a valid majority of persons employed at the time whose employment will be subject to the agreement, and access to the agreement was provided to those employees at least 14 days prior to the vote.

PN10

The agreement meets the requirements of section 170LT of the Act, in that it meets the no disadvantage test, it was genuinely approved by a valid majority. The terms of the agreement were appropriately explained to employees whose employment will be subject to the agreement. It contains a dispute settlement procedure at clause 24, and a nominal expiry date of 30 September 2003. That should be at clause 5, but I note that at clause 5 it just says September 2003. The correct date is 30 September 2003.

PN11

THE COMMISSIONER: Could you give us ..... if you wouldn't mind.

PN12

MS TISDALE: Certainly.

PN13

THE COMMISSIONER: Right.

PN14

MS TISDALE: In relation to the no disadvantage test, the agreement is underpinned by the Transport Workers Award 1998. The agreement contains some relatively minor reductions in award conditions. They are at clause 10A of the agreement, which provides for flexibility in relation to RDO rostering, clause 12A, which provides for flexibility and the timing of meal breaks, and I believe that is all.

PN15

There is an error in those pages in the references to the award clauses. They are actually references to the '83 version of the award. But I can easily provide correction pages noting the correct clauses in the award. And we submit therefore that the agreement meets all of the requirements of the Act, and request certification in the terms sought from today's date. If the Commission pleases.

PN16

THE COMMISSIONER: Okay, thank you. Mr Findlay?

PN17

MR FINDLAY: If the Commission pleases, I support everything Ms Tisdale said on behalf of the TWU, and would support the application to have the agreement certified. Thank you.

PN18

THE COMMISSIONER: Subject to receipt of those amended pages, and when we receive them I will certify the agreement, which will be known as the Transport Workers/K&S Freighters K&S Integrated Distribution Agreement 2000, with effect from today's date, 13 February 2001. The agreement will now remain in force until 30 September 2003. I will issue the certificates when we receive those amended pages. Thank you.

ADJOURNED INDEFINITELY [2.10pm]