AG2001/3572, Transcript of Proceedings [2001] AIRCTrans 1756 (1 August 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 8390

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2001/3572

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of
the Act by Maroondah City Council and Others
for certification of the Maroondah City Council
Enterprise Agreement No 4, 2001

MELBOURNE

10.05 AM, FRIDAY, 13 JULY 2001

PN1

MS J. WHITECROSS: I am from the Victorian Employers' Chamber of Commerce and Industry, representing Maroondah City Council in this matter.

PN2

MS J. KARSLAKE: I am from the ASU Services Branch.

PN3

MS J. BAULCH: I appear on behalf of the Association of Professional Engineers, Scientists and Managers Australia.

PN4

MR P. GILBERT: I appear from the Australian Nursing Federation.

PN5

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Gilbert. I think the Council is the applicant, so Ms Whitecross, if I could hear from you please.

PN6

MS WHITECROSS: If the Commission pleases. Firstly, your Honour, my apologies for being delayed in another matter and my apologies to the parties for the delay. Your Honour, this is an application under section 170LJ of the Workplace Relations Act, seeking certification of an agreement between the Maroondah City Council, the Australian Services Union, APESMA and the ANF. We would rely on - I believe on file you would have a copy of the statutory declarations and a copy of the agreement. We would rely on those as the basis of our submission, and also reiterate that the agreement does satisfy the no disadvantage test.

PN7

Consultation has been undertaken with employees and each of their parties in accordance with the provisions of the Act, and therefore we believe that this agreement should be certified. If your Honour has no further questions, we would end our submission.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Whitecross. Who wants to go next?

PN9

MS KARSLAKE: If the Commission pleases, the ASU seeks to certify the agreement. We believe that the agreement satisfies the no disadvantage test and meets all the requirements of the Act as outlined in the statutory declaration provided. There is not much more to add, thank you.

PN10

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Karslake.

PN11

MS BAULCH: Thank you, sir. Filed with the application is a statutory declaration prepared by the Association. That statutory declaration outlines how the various requirements for certification of agreements have been met. Just one point for you, sir, is that the agreement has a nominal expiry date specified in clause 6 of the agreement of 30 June 2003. On the basis of the information contained in the statutory declaration, we would request that you certify the agreement with that expiry date. Thank you, sir.

PN12

THE SENIOR DEPUTY PRESIDENT: With that expiry date?

PN13

MS BAULCH: Yes.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes.

PN15

MR GILBERT: If the Commission pleases, the ANF would support the submissions of the ASU and APESMA and we also have a statutory declaration on the file that we would rely on to show that the requirements of section 170 have been met.

PN16

THE SENIOR DEPUTY PRESIDENT: Yes, thank you very much. Very well, I have read the statutory declarations and I have perused the agreement, and I will certify it. More formally, this is an application pursuant to Part VIB Division 2 Section 170LJ of the Act to certify an agreement to be known as the Maroondah City Council Enterprise Agreement No 4. Having heard Ms Whitecross on behalf of the council, Ms Baulch on behalf of APESMA, Ms Karslake on behalf of the ASU and Mr Gilbert on behalf of the ANF, and having read the statutory declarations filed on behalf of the employer and each of the three unions, I am satisfied that the agreement filed relates to an employer in Victoria that is carrying on a single business and employees in Victoria are employed in the single business.

PN17

I am also satisfied that each of the unions has at least one member employed in the single business to which the agreement relates, and each is entitled to represent the industrial interests of its member. I am also satisfied as to the following: the agreement passes the no disadvantage test, it was made in accordance with section 170LJ and a majority of persons employed at the time whose employment would be subject to the agreement genuinely approved it. The explanation of its terms was appropriate. It includes procedures for preventing and settling disputes between the employer and the employees whose employment will be subject to it, and it specifies a date as a nominal expiry date which is not more than three years after the date on which the agreement will come into operation, which is today's date.

PN18

I am also satisfied that there are no reasons set out in section 170LU as to why I should refuse to certify the agreement. Accordingly, the agreement will be certified with effect from today's date, and to operate in accordance with its terms from today's date. Is there anything else from anybody at the bar table? In that case the formal certification will issue and the Commission will be adjourned.

ADJOURNED INDEFINITELY [10.11am]