AG2001/5000, Transcript of Proceedings [2001] AIRCTrans 2296 (11 September 2001)

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TRANSCRIPT OF PROCEEDINGS

O/N 7728

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2001/5000
AG2001/5001

APPLICATIONS FOR CERTIFICATION
OF AGREEMENT

Applications under section 170MG of the Act
by the University of Tasmania to terminate the
University of Tasmania - General Staff Agreement
1997-99 and the University of Tasmania Christ College
and St John Fisher College General Staff Agreement
1999-2000

HOBART

2.27 PM, WEDNESDAY, 22 AUGUST 2001

PN1

THE D.PRESIDENT: We now look at setting aside two - one is an application to set aside the University of Tasmania General Staff Agreement 1997-1999. Mr Andrews?

PN2

MR S. ANDREWS: Yes, Commissioner, excuse me - your Honour. This application - my submissions will be exactly the same with both applications to terminate.

PN3

THE D.PRESIDENT: The other one is the University of Tasmania Christ College and St John Fisher College General Staff Agreement 1999-2000.

PN4

MR ANDREWS: That is right. Thank you, your Honour. Your Honour, the two agreements which we seek to terminate are agreements which the agreement now certified by its own terms supersedes and I refer the Commission to clause 8 of the new agreement where those two agreements are cited as being superseded by the new agreement. The two applications for termination have been provided for the Commission by each of the parties to those two agreements being the University, the CPSU, HSUA and LHMU with respect to the General Staff Agreement 1997-99 and the University of Tasmania Christ College and St John Fisher College General Staff Agreement 1999-2000 and to give effect to what is now provided by the new agreement and to alleviate any uncertainty as to the continuing effect of those two agreements.

PN5

It is our respectful submission that the Commission ought, under the provisions of the act, terminate those two agreements with effect from today.

PN6

THE D.PRESIDENT: Okay. Thank you. Perhaps if I start with Mr Tullgren because his organisation is party to both applications.

PN7

MR TULLGREN: Your Honour, we support the application to terminate.

PN8

THE D.PRESIDENT: Okay, Mr Lynch, yours is in respect to the general staff agreement?

PN9

MR LYNCH: Yes. Thank you, and we support the termination of that agreement.

PN10

THE D.PRESIDENT: Thank you. And also, Ms Mitchell, yours is in respect to the general staff?

PN11

MS MITCHELL: We also support it.

PN12

THE D.PRESIDENT: Okay. All right. Both of those agreements will be set aside pursuant to section 170MG of the Act as the setting aside is part of the enterprise agreement that has just been certified and the conditions are picked up in that agreement. That will take effect from today's date. We had agreements to give you but we will have to wait for the replacement page. All right. These matters are adjourned.

ADJOURNED INDEFINITELY [2.39pm]