AG2001/3887, Transcript of Proceedings [2001] AIRCTrans 2321 (13 September 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER WILKS

AG2001/3887

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Albright & Wilson (Australia) Limited
& Another for certification of the
Albright & Wilson (Australia) Limited
Wetherill Park Certified Agreement 2001

SYDNEY

10.37 AM, THURSDAY, 23 AUGUST 2001

Adjourned sine die

PN1

THE COMMISSIONER: Can I have the appearances please?

PN2

MS M. PIERCY: If the Commission pleases, I am from the Australian Workers Union.

PN3

THE COMMISSIONER: Thank you, Ms Piercy. I note that there is not an appearance by the employer in these proceedings. While that's not necessary, it's certainly desirable. I can rely upon the statutory declarations of the parties. Ms Piercy, I'll come to you. If there is anything you want to put to the Commission, you should do so now.

PN4

MS PIERCY: Thank you, Commissioner. Commissioner, the union relies on the statutory declaration that was filed with the Commission with the application and agrees with the application that everything meets the conditions of the Act and the rules and I do notice there is an out of time - - -

PN5

THE COMMISSIONER: Yes.

PN6

MS PIERCY: Well, we rely on the decision of Vice President Ross in Print P0442 and ask that an out of time extension be granted, if the Commission pleases.

PN7

THE COMMISSIONER: Very well, thank you, Ms Piercy. This is an application under section 170LJ of the Act for the certification of an agreement to which the Australian Workers Union and Albright & Wilson (Australia) Limited are parties. Having examined the supporting documentation and having heard the submissions of Ms Piercy this morning, I am satisfied that the application meets the requirements of the relevant section of the Act and the rules with the exception of the fact that it now has been lodged out of time. In respect of that matter, pursuant to section 111(1)(r) of the Act, I extend that time sufficiently to bring this application within time and accordingly I will certify the agreement.

PN8

Prior to doing so, Ms Piercy, I would just ask one question, that is in relation to clause 31(v), the grievance procedure, which says:

PN9

If the matter is still not resolved it shall be referred to the Australian Industrial Relations Commission.

PN10

Is it the intention of the parties that if a matter is referred to the Commission that the Commission will conciliate and, if necessary, arbitrate that dispute or is it the intention of the parties that the Commission exercise conciliation only?

PN11

MS PIERCY: Commissioner, I imagine it would be that if it is necessary, go to arbitration.

PN12

THE COMMISSIONER: All right. Having clarified that matter which is the only matter to which I need to pay any attention, as I've said, I'm satisfied that the application meets the requirements of the Act and I'll certify the agreement. The agreement will be known as the Albright & Wilson (Australia) Limited Wetherill Park Site Certified Agreement 2001. The agreement will come into force from today's date and will remain in force until 30 June 2002. I'll issue a certificate to that effect and place it on the file. These proceedings are adjourned.

ADJOURNED INDEFINITELY [10.43am]