C1406/000, Transcript of Proceedings [2001] AIRCTrans 143 (2 March 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114J MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 5911

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER JONES

C NO 14060 OF 2000

APPLICATION FOR CERTIFICATION
OF AGREEMENT

APPLICATION UNDER SECTION 170LJ OF THE
ACT BY THE TRANSPORT WORKERS UNION OF
AUSTRALIA AND ANOTHER FOR CERTIFICATION
OF LINFOX-TWU (COSTA'S, DERRIMUT)
ENTERPRISE AGREEMENT 2000

MELBOURNE

3.12 PM, TUESDAY, 13 FEBRUARY 2001

PN1

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

PN2

MR D. NORTH: I appear on behalf of Linfox.

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, particularly the requirements in section 170LJ of the Act. The TWU has one member employed, 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.

PN5

The agreement was approved by a valid majority of relevant employees, and the access to the agreement was provided to those employees at least 14 days before the vote took place. The agreement meets the requirements also of section 170LT of the Act, in that it meets the no disadvantage test. It was genuinely approved by a valid majority of relevant employees, and the terms of the agreement were appropriately explained to those employees prior to the vote.

PN6

The agreement contains a dispute resolution procedure at clause 20, and a nominal expiry date of three years from the date of certification at clause 4. I understand that Mr North will address you in relation to some issues that other members of the Commission have had with some clauses of this agreement as it relates to procedures for varying the agreement into the future. I will let Mr North make those submissions.

PN7

But in relation to the no disadvantage test, the agreement is underpinned by the Transport Workers Award 1998. There are no reductions in award conditions noted in the agreement, and the agreement provides for wages well in excess of the award rates. So we would submit therefore that the agreement meets all of the requirements of the Act, and seek its certification from today's date in the terms sought. If the Commission pleases.

PN8

THE COMMISSIONER: Thank you. Yes, Mr North?

PN9

MR NORTH: Thank you, Commissioner. We would like to support the union's application to have this agreement certified today, unless there was any concerns of the Commission with regards to any of the provisions. As I understand it, this issue has been raised before, and if you did have any concerns, we would propose, as we have done in previous matters, to provide you with written undertakings that any further interaction between ourselves and the union will not be done contrary to the Workplace Relations Act 1996.

PN10

THE COMMISSIONER: I think we will need that.

PN11

MR NORTH: Certainly, Commissioner.

PN12

THE COMMISSIONER: Yes, okay. Anything else?

PN13

MR NORTH: Nothing further, Commissioner.

PN14

THE COMMISSIONER: Okay. Well, subject to receipt of that documentation I will certify the Linfox-TWU (Costa's, Derrimut) Enterprise Agreement 2000, effective from today's date, 13 February 2001, and remaining in force until 13 February 2004. Once I have received that documentation I will sign the certification.

ADJOURNED INDEFINITELY [3.15pm]