AG2001/3720, Transcript of Proceedings [2001] AIRCTrans 1973 (17 August 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 8655

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2001/3720

PIVOT LIMITED YARRAVILLE MDSC
ENTERPRISE AGREEMENT 2001

Application under section 170LJ of the Act
by Pivot Limited for certification of the
above agreement

MELBOURNE

12.03 PM, MONDAY, 30 JULY 2001

PN1

MR R. CATANZARITI: I am from Phillips Fox, on behalf of Pivot - or seeking leave to appear on behalf of Pivot. I am not sure if there will be any appearance from the Union, your Honour.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, well, leave is granted, Mr Catanzariti. Have you had any communication from the Union?

PN3

MR CATANZARITI: It is sometimes a little bit hit and miss as to whether they come along. We thought they were coming and they had given every indication that they would come along today, but they have indicated that they have no problem with the agreement being certified. The general attitude taken by the AWU is that they leave it up to Pivot to advise for these things to occur. And we don't - often it is a difficulty just getting them to submit their materials, but they have indicated - - -

PN4

THE SENIOR DEPUTY PRESIDENT: Well, perhaps if you go ahead, then, Mr Catanzariti, if they turn up in the meantime, well and good. If not, I will deal with it on your submissions.

PN5

MR CATANZARITI: Your Honour, Pivot is seeking to have the Yarraville MDSC Enterprise Agreement 2001 certified today. It is an application under division 2 for certification, an agreement with an organisation of the employees. You would have received, I take it, the agreement, together with the statutory declarations from both the representative of the Company and the organisation of employees, being the Australian Workers Union.

PN6

Both of these agreements are relatively identical, in that they both support the application or certification. In my submission, your Honour, the requirements of section 170LT of the Act have been met, and that there is no reason with respect that the agreement shouldn't be certified today. Unless you have any particular concerns, your Honour.

PN7

THE SENIOR DEPUTY PRESIDENT: The only question is in relation to the business. It is part of a single business, is it?

PN8

MR CATANZARITI: Sorry, into which one?

PN9

THE SENIOR DEPUTY PRESIDENT: It is part of a single business, is it, that we are talking about here?

PN10

MR CATANZARITI: Well, Yarraville is a part of the Pivot Limited business. They have five sites. Yarraville, Portland, Port Adelaide, Geelong. I think they are the five sites - well, four or five sites. So I guess it is really part of a single business.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, and that is in answer to question 2.4, and when you say it is a geographically distinct part of that business, and that is because the Yarraville site is a distinct part of the Pivot business?

PN12

MR CATANZARITI: Correct.

PN13

THE SENIOR DEPUTY PRESIDENT: I see.

PN14

MR CATANZARITI: Yes, but they all trade under the one name, your Honour.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes.

PN16

MR CATANZARITI: There is no separation of the business entities as such.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes, I see. Well, that was my only query. I have read the statutory declarations of Mr John Elliott on behalf of the Company, and Mr Richard Grey on behalf of the AWU. I have also had a look at the agreement. I am satisfied that it meets the requirements of the legislation. It does pass the no disadvantage test. It does appear to have been made in accordance with 170LJ with a valid majority of persons approving it.

PN18

The terms are explained. It includes the necessary dispute settling procedures. And it provides for an operative date that is no more than three years from the date of certification. And there were no reasons under section 170LU as to why I should not certify the agreement. Accordingly, the agreement will be certified to come into operation from today but with effect from the date specified in clause 6, being the 1 April 2001. And I note that that clause provides that it should operate until 31 March of next year. A formal decision and certificate will issue in due course. Thank you for your attendance.

ADJOURNED INDEFINITELY [12.08pm]