AG2001/5655, Transcript of Proceedings [2001] AIRCTrans 2874 (24 October 2001)

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TRANSCRIPT OF PROCEEDINGS

O/N 7868

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2001/5655

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by the Woolworths (Transport) Certified
Agreement 2001/2001 for certification

HOBART

5.00 PM, MONDAY, 8 OCTOBER 2001

PN1

MR M. WATSON: I appear on behalf of Woolworths Supermarkets and with me is MS JENNY THOMAS.

PN2

THE DEPUTY PRESIDENT: Mr Adams is appearing on behalf of the Adams family, I believe.

PN3

MR P. ADAMS: I like that. I have been called worse.

PN4

THE DEPUTY PRESIDENT: I will not call you any worse than that. Mr Watson?

PN5

MR WATSON: Thank you, Deputy President. The agreement that you have before you today is the second agreement for the transport operations of Woolworths Supermarkets in Tasmania. The agreement is pretty much a replica of the - what we will call the old agreement which was the 1998 - 2001 version which is to be superseded by this one, except for increase wage rates, a new clause in relation to unpaid leisure time, which can be added to annual leave, and increases in allowances to keep up to date with movement since the last agreement.

PN6

The agreement passes the no disadvantage test as per the Act and that is confirmed in both statutory declarations. The agreement was approved by valid majority of staff on 30 August of this year. There is a dispute settlement procedure at clause 30 and the nominal expiry date of the agreement is 1 November 2002. Subject to any questions that you may have, Deputy President, about the agreement, we would submit that the agreement is in accordance with the Commission's wage-fixing principles and does not offend the public interest and we would ask that the agreement be certified. If it pleases.

PN7

THE DEPUTY PRESIDENT: I do not have any questions although I have a note but I cannot understand it. I do not know what I was telling myself there so it is possibly better to ignore it. It does not make any sense to me now, it obviously made some sense at the time but it is in hieroglyphics. Okay, Mr Adams, you are representing the other half of the team. there are only two drivers covered by this as I understand it?

PN8

MR ADAMS: That is it, yes.

PN9

THE DEPUTY PRESIDENT: Right. Are you members of the Transport Workers Union?

PN10

MR ADAMS: We are.

PN11

THE DEPUTY PRESIDENT: But you do not want the union to be involved in the agreement, is that the case?

PN12

MR ADAMS; Well, I did not think I needed the union because I handled it myself.

PN13

THE DEPUTY PRESIDENT: It is not compulsory. You do not have to have them.

PN14

MR ADAMS: No.

PN15

THE DEPUTY PRESIDENT: No. It is just that it is unusual to get a note saying that you are the Transport Workers Union delegate when the union is not a party to the agreement, that is the only reason I ask that.

PN16

MR ADAMS: Oh, right.

PN17

THE DEPUTY PRESIDENT: Yes. So, from what you say you had no difficulty in negotiating the agreement on behalf of the other member of the family.

PN18

MR ADAMS: Which is my brother, no.

PN19

THE DEPUTY PRESIDENT: And you understand its terms and do not have any problems with it?

PN20

MR ADAMS: None at all.

PN21

THE DEPUTY PRESIDENT: Know how it is to work? All right, I am not going to go through it all. As I said the only query I had I can't read back so I am not going to worry about it. On that basis I will certify the agreement which will be known as the Woolworths Transport Certified Agreement 2001 - 2002. The parties to the agreement are Woolworths Victoria and the two drivers, otherwise known as the Adams Family. The parties have provided the necessary statutory declarations and I have a letter from Mr Greg Adams saying that Paul Adams is representing him in these proceedings.

PN22

Accordingly, the agreement meets the requirements of the Act and will be certified. An order will issue to take effect from today's date and remain in force until 1 November 2002 but I note that the agreement has an operative date from 9 July 2001. That agreement is hereby certified. Thank you. The Commission adjourns sine die.

ADJOURNED INDEFINITELY [5.05pm]