AG2001/3706, Transcript of Proceedings [2001] AIRCTrans 1814 (7 August 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 8454

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

BOULTON J

AG2001/3706

APPLICATION FOR CERTIFICATION OF
AGREEMENT

Application under section 170LJ of the Act
by Australian Education Union and Another
for certification of the Oakleigh Centre
for Intellectually Disabled Citizens Inc
Disability Services (Part 2) Agreement 2001

MELBOURNE

11.05 AM, WEDNESDAY, 18 JULY 2001

PN1

MR D. BUNN: I appear for the Australian Education Union.

PN2

MS P. ROBINSON: I am from the Victorian Hospitals Industrial Association appearing on behalf of Oakleigh Centre for Intellectually Disabled Citizens Incorporated.

PN3

HIS HONOUR: Thank you. Mr Bunn.

PN4

MR BUNN: Your Honour, I intend to defer to Ms Robinson in relation to most of the submissions but I should go to the matter of the date of lodgement because that is my fault and it would be terrible to make the employer wear that one. It was lodged I think four days out of the 21 day period counting from 4 June when the vote of employees to be covered by the agreement was conducted. That was as a result of me having some difficulty getting the requisite official of the organisation to sign off on the stat dec and then some subsequent delay in lodgement. And I would make the submission that the Commission exercise its discretion in relation to that matter.

PN5

If I can briefly speak and then leave off, your Honour. This is an agreement to - this agreement, once certified, will facilitate salary packaging at this organisation which is a business service conducted by Oakleigh Centre. It has a small workforce of eight, as you will note from the statutory declarations, who voted a hundred per cent in favour of the certification of this agreement; having had 14 days to peruse the agreement, having had briefings from myself on behalf of the union and the employer. And the agreement in all other respects meets the requirements of the Act as a dispute settling procedure. And the statutory declarations provided with the lodgement of the application give you evidence of the agreement meeting the other requirements of the Act.

PN6

HIS HONOUR: So the main purpose of the agreement is to allow the salary packaging.

PN7

MR BUNN: The only purpose of it, your Honour, is to do that. In all other respects the condition of employment are governed by the Disability Services Award 1993 which covers this group of workers in Victoria.

PN8

HIS HONOUR: Yes, and it is necessary to do an agreement for the salary packaging?

PN9

MR BUNN: So it appears, your Honour. The technical difficulty, as I understand it, is that as these workers are paid the award rate with no over award payment, the effect of the salary packaging would be to lower their income before the award rate and creating a difficulty in relation to their award entitlements.

PN10

HIS HONOUR: And the arrangements are as set out in the attachment to the - - -

PN11

MR BUNN: Yes, there is a detailed statement of policy which was essentially the document that members had to peruse before they determined whether or not to agree to the certification of this agreement.

PN12

HIS HONOUR: Yes.

PN13

MR BUNN: And that is attached as the Oakleigh Centre's policy on salary sacrificing arrangements. If the Commission pleases.

PN14

HIS HONOUR: Yes. Well, I am not sure how much you have left to Ms Robinson to deal with.

PN15

MR BUNN: Well, I beg your pardon.

PN16

HIS HONOUR: But I can say that, on the basis of what you put, I am prepared to exercise the discretion of the Commission in relation to the late lodgment of the application. Ms Robinson.

PN17

MS ROBINSON: Your Honour, we would concur with Mr Bunn's submission and maintain that this agreement complies with all the requirements of the Workplace Relations Act. All employees had access to the agreement for at least 14 days. The terms of the agreement were explained by both the employer and the union at meetings and after 14 days a valid majority of the eight employees, being eight of the employees, voted to approve this agreement.

PN18

We bring your Honour's attention to the dispute resolution clause at clause 7, the nominal expiry date at clause 4 which is two years from the date of certification and, given that the primary - well, the sole purpose of this agreement is to provide salary packaging, it meets the no disadvantage test of the Act in that salary packaging is not a term or condition of part II of the Disability Services Award. If the Commission pleases.

PN19

HIS HONOUR: Yes, thank you. On the basis of what has been filed and what has been submitted, I am satisfied that the requirements of the Act for the certification of the agreement have been met. Accordingly, the agreement will be certified and come into force today and remain in force until 18 July 2003. Thank you.

ADJOURNED INDEFINITELY [11.12am]