AG2001/3869, Transcript of Proceedings [2001] AIRCTrans 2581 (3 October 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LARKIN

AG 2001/3869

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LL Greenfields
Agreement by Adecco Projects/Australian
Workers' Union Cirque-Du-Soleil Event
Casuals Certified Agreement 2001

SYDNEY

9.10 AM, TUESDAY, 14 AUGUST 2001

Adjourned sine die

PN1

THE COMMISSIONER: Could I take appearances, please?

PN2

MR A. WARNER: I appear for Adecco Projects Pty Limited.

PN3

THE COMMISSIONER: Thank you, Mr Warner. I believe Mr Beard from the AWU was here earlier but it's my understanding he is before Vice President MacIntyre at 9 o'clock, so are you speaking on behalf of the AWU, Mr Warner?

PN4

MR WARNER: I would like to believe I could. I understand that Mr Beard will be relying upon the statutory declarations within the application that have already been submitted and Mr Michael Taylor may appear in his stead.

PN5

THE COMMISSIONER: All right. Mr Warner, I'll raise with you. The agreement that I have before me that was filed has been signed by the AWU but not signed by the company?

PN6

MR WARNER: There were actually two filings made, Commissioner, one was on the 27 July 2001.

PN7

THE COMMISSIONER: That's the one I've got.

PN8

MR WARNER: The other original with the company signature was signed on 3 August 2001.

PN9

THE COMMISSIONER: Well, I have statutory declarations filed on 3 August. Is the signed agreement attached to that, is it?

PN10

MR WARNER: There were actually two signed agreements filed, Commissioner. The first was on 27 July, with the signature of Bill Shorten, the Secretary of the AWU at the Federal level and, due to the tyranny of distance, with our head office being in Melbourne, we had to have a separate original signed and forwarded up from Melbourne which arrived several days later, which was filed on 3 August 2001.

PN11

THE COMMISSIONER: I'm sorry, I don't have it.

PN12

MR WARNER: I have both.

PN13

THE COMMISSIONER: Wait a minute. I have statutory declarations filed on the 3rd.

PN14

MR WARNER: And there should have been an additional original agreement, Commissioner. As you can appreciate, the originals were filed with the Commission and we have a copy of such.

PN15

THE COMMISSIONER: I've got an agreement here but it's got two date stamps on it. Yes, I do. Yes, that is but that looks like a copy, actually, so let me just have a look. No, that's all right. The original actually is date stamped 27 July.

PN16

MR WARNER: Correct, Commissioner.

PN17

THE COMMISSIONER: All right, so that settles that. I do have a signed original agreement.

PN18

MR WARNER: What I'd also liked to propose, if I may, would be further copies of the agreement signed by both parties and also attached with Part B Monetary Rates. I notice in the original application that they were not forthcoming from the original documents submitted from the union.

PN19

THE COMMISSIONER: Apart from this agreement that you've just submitted up to me, after the signatory page there is a Part B Monetary Rates.

PN20

MR WARNER: Correct, Commissioner.

PN21

THE COMMISSIONER: Well, I do have part B in the agreement that I've got but it's before the signatory page. I suppose, in a sense, if we have all that then that should be all right. Now, I take it the agreement was made on 24 July?

PN22

MR WARNER: That would be correct, Commissioner.

PN23

THE COMMISSIONER: Even though the company has signed it on 30 July, your submission to me is that the agreement itself was made on 24 July?

PN24

MR WARNER: 24 July, Commissioner, that's correct, and it falls within the 21 days.

PN25

THE COMMISSIONER: Yes. What are your submissions, Mr Warner?

PN26

MR WARNER: Our submission is, if the Commission pleases, we are seeking Australian Industrial Relations Commission certification of the Greenfields Agreement between Adecco Projects Pty Limited and the Australian Workers' Union. The title of the agreement is the Adecco Projects/Australian Workers' Union Cirque-Du-Soleil Certified Agreement 2001. The agreement will apply to casual event employees employed in venue operation and/or maintenance during the current and future Cirque-Du-Soleil tours of Australia projected up to the tour for 2003.

PN27

The application is made pursuant to section 170LL of part 6B(2) of the Workplace Relations Act, 1996 which covers Greenfields agreements. The agreement required extensive negotiation between the Australian Workers Union and Adecco Projects Pty Limited following an initial dispute heard by this Commission by Senior Deputy President Polites on 6 December 2000 as C23911 of 2000. The Australian Workers Unions, indeed, have coverage of those employees to be employed under this agreement and, pursuant to section 170LM(2)(b) of the Act, the application for the certification was lodged on 27 July 2001, along with original documents signed by the Secretary of the Australian Workers' Union, Mr Bill Shorten.

PN28

Due to the peril of distance, as previously explained, the company original was lodged with the Commission on 3 August 2001 and all original documentation was lodged within the time frames allocated under the Act. I have dealt with the section of part B, I notice that part B of the agreement, dealing with the monetary rates, does not appear to have been lodged with the original application. On your comments, Commissioner, I understand they have been and I have submitted those modified agreements to your table.

PN29

THE COMMISSIONER: Yes. So as long as the agreement, as distributed and filed, has Part B Monetary Rates either before or after the signatory page, we have an agreement.

PN30

MR WARNER: Thank you.

PN31

THE COMMISSIONER: Thank you, Mr Warner.

PN32

MR WARNER: Essentially, I understand the agreement and we saw the technical requirements, and I seek for the Commission to approve the certification effective from today's date.

PN33

THE COMMISSIONER: Yes. Mr Warner, the AWU is entitled to represent the industrial interests of persons whose employment that will be subject to the agreement?

PN34

MR WARNER: Most definitely, Commissioner.

PN35

THE COMMISSIONER: And the agreement is made before the employment of any relevant employees?

PN36

MR WARNER: Yes, Commissioner.

PN37

THE COMMISSIONER: And the agreement satisfies the requirements of the notice advantage test?

PN38

MR WARNER: Yes, it does, Commissioner.

PN39

THE COMMISSIONER: Thank you, Mr Warner. The application before me this morning is made by Adecco - - -

PN40

MR M. TAYLOR: Excuse me, Commissioner, if I could put in a delayed appearance? Michael Taylor on behalf of the Australian Workers' Union. I apologise, I've been caught in traffic for the last hour and 20 minutes.

PN41

THE COMMISSIONER: Yes. There's evidently an accident on the exit from the tunnel.

PN42

MR TAYLOR: I apologise for my absence and I take the opportunity of supporting Mr Warner's submissions which I've overhead as I have walked in. Thank you, Commissioner.

PN43

THE COMMISSIONER: All right. Thank you, Mr Taylor.

PN44

THE COMMISSIONER: This is an application by Adecco Projects Pty Limited and the Australian Workers' Union for certification of an agreement made pursuant to section 170LL of the Work Place Relations Act 1996. The agreement is to be known as the Adecco Projects/Australian Workers' Union Cirque-Du-Soleil Certified Agreement 2001, and on the basis of the statutory declarations filed, and the submissions made by Mr Warner for Adecco and supported by Mr Taylor, from the AWU, I am satisfied that the statutory requirements of the Act have been met.

PN45

The agreement satisfies the requirements of the no disadvantage test in that it does not unbalance result and reduction in the overall terms and conditions of employment under the relevant award or laws. The agreement specifies the nominal expiry date of 30 June 2004 and the application is granted with effect from today's date, and formal certification will issue in due course.

PN46

If there's nothing further, I thank you and the Commission is adjourned.

ADJOURNED ACCORDINGLY [9.25am]