AG2001/3357, Transcript of Proceedings [2001] AIRCTrans 1985 (17 August 2001)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS

O/N 8664
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

AG2001/3357

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LL of the Act
for certification of The Back to Back
Performers' Certified Agreement 2000-2002

MELBOURNE

9.26 AM, MONDAY, 30 JULY 2001

PN1

THE SENIOR DEPUTY PRESIDENT: You appear, Mr Pound, for MEAA?

PN2

MR POUND: Yes.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, thank you and Mr Bates, you appear for - - -

PN4

MR BATES: No, not on this occasion.

PN5

THE SENIOR DEPUTY PRESIDENT: Very well. Sorry, Mr Pound.

PN6

MR POUND: Senior Deputy President, I understand that the employer will not be appearing today but I can hand up correspondence confirming that they consent to the agreement being certified.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, that might be an appropriate course, I think. I will mark that exhibit P1.

EXHIBIT #P1 LETTER FROM EMMA JANE BRADEN, GENERAL MANAGER, BACK TO BACK THEATRE DATED 27/07/2001

PN8

THE SENIOR DEPUTY PRESIDENT: The letter says:

PN9

I would like to advise that I consent to the certification of the agreement. I do not wish to appear at the meeting.

PN10

Yes, thank you, Mr Pound.

PN11

MR POUND: Senior Deputy President, this application is made under section 170LL of the Workplace Relations Act. You have before you a copy of the Back to Back Performers' Certified Agreement signed by Christopher Warren, Federal Secretary of the MEAA on 30 May 2001 and filed with the Commission on 13 June 2001. You also should have before you statutory declarations prepared by the MEAA and Emma Jane Braden, the Company Manager of the Back to Back Theatre.

PN12

The agreement is a Greenfields agreement and the business that the employer is establishing is a single business. The agreement relates to that single business, namely those employees engaged as performers. The MEAA has constitutional coverage of employees engaged as performers. The agreement, we submit, passes the no disadvantage test; a disputes settling procedure is set out at clause 15 of the agreement; the agreement specifies a nominal expiry date of 30 June 2001, that is the agreement has a life of less than three years.

PN13

Senior Deputy President, I would also like to pass up an agreement by consent with the employer and a letter to that effect in relation to clause 24.1.

PN14

THE SENIOR DEPUTY PRESIDENT: I will mark that exhibit P2.

EXHIBIT #P2 LETTER FROM EMMA JANE BRADEN DATED 27/07/2001 AGREEING TO DELETION OF CLAUSE 24.1, AGREEMENT FOR LOWER RATES

PN15

MR POUND: Thank you. In essence, therefore, we would submit that the agreement should be certified as per our application with that minor exception of striking out clause 24.1 and we would submit that the agreement should be certified to operate from today's date, if it pleases the Commission.

PN16

THE SENIOR DEPUTY PRESIDENT: 30 July, is it?

PN17

MR POUND: Yes, your Honour.

PN18

THE SENIOR DEPUTY PRESIDENT: Just bear with me a moment. Will you arrange for a replacement page to be provided for the Commission with that clause deleted?

PN19

MR POUND: Certainly, your Honour.

PN20

THE SENIOR DEPUTY PRESIDENT: I note that clause 24.1 is the only clause, in fact, at clause 24.

PN21

MR POUND: It may require us to renumber, unfortunately.

PN22

THE SENIOR DEPUTY PRESIDENT: Yes, so perhaps you could provide to the Commission a fresh copy of the agreement with the clause 24 removed and the other relevant clauses renumbered.

PN23

MR POUND: Yes.

PN24

THE SENIOR DEPUTY PRESIDENT: Well subject to the provision of that document in that form, I would agree to certify - and this is an application, you say, pursuant to part VIB, division 2, section 170LL of the Act?

PN25

MR POUND: Yes.

PN26

THE SENIOR DEPUTY PRESIDENT: Yes, and the agreement is to be know as the Back to Back Theatre Performers' Certified Agreement 2000-2002, it has got here. Is that right?

PN27

MR POUND: Yes, your Honour.

PN28

THE SENIOR DEPUTY PRESIDENT: Yes. Very well. Having heard Mr Pound, on behalf of the Media, Entertainment and Arts Alliance and having read the exhibit P1 from the General Manager of Back to Back Theatres and exhibit P2, a letter from the General Manager, Back to Back Theatres and having read the statutory declaration as filed by Christopher Warren on behalf of Media, Entertainment and Arts Alliance and Emma Jane Braden on behalf of Back to Back Theatre Incorporated, I am satisfied that the agreement filed relates to a constitutional corporation, namely Back to Back Theatre, registration number A0034369X. I am satisfied that at the time of the agreement, Back to Back Theatre Incorporated had no employees who would be subject to the agreement and that section 170LL applies.

PN29

I am also satisfied the Media, Entertainment and Arts Alliance would be entitled to represent the interests of the employees of Back to Back Theatre Incorporated in the part of a single business to which the agreement relates and is entitled to represent the industrial interests of those members. I am also satisfied that the agreement passes the no disadvantage test, the agreement was made in accordance with section 170LL, the agreement includes procedures for preventing and settling disputes between the employer and the employees whose employment will be subject to the agreement and the agreement 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.

PN30

I am also satisfied that there are no reasons set out in section 170LU of the Act why I should refuse to certify the agreement. Accordingly, the agreement will be certified with effect and in accordance with its terms from today's date, 30 July 2001 and a certificate will issue in due course after the Media, Entertainment and Arts Alliance have filed a fresh copy of the agreement incorporating the amendment as agreed between the parties with the deletion of clause 24 of the agreement.

PN31

MR POUND: Thank you, your Honour.

ADJOURNED INDEFINITELY [9.41am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #P1 LETTER FROM EMMA JANE BRADEN, GENERAL MANAGER, BACK TO BACK THEATRE DATED 27/07/2001 PN8
EXHIBIT #P2 LETTER FROM EMMA JANE BRADEN DATED 27/07/2001 AGREEING TO DELETION OF CLAUSE 24.1, AGREEMENT FOR LOWER RATES PN15