AG2001/5073, Transcript of Proceedings [2001] AIRCTrans 3019 (9 November 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 1093

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SIMMONDS

AG2001/5073

APPLICATION FOR TERMINATION
OF AGREEMENT (VALID MAJORITY)

Application under section 170MG of the Act
to terminate agreement (valid majority) - Macedon
Ranges Shire Council Parks and Gardens Services
Unit Local Work Area Agreement 1996

MELBOURNE

9.50 AM, THURSDAY, 6 SEPTEMBER 2001

PN1

MR R. WALL: I appear on behalf of the Victorian Employers Chamber of Commerce and Industry representing the Macedon Ranges Shire Council.

PN2

MR R. LODDERS: I appear on behalf of the Australian Services Union.

PN3

THE COMMISSIONER: Mr Wall.

PN4

MR WALL: Thank you, Commissioner. This Local Work Area Agreement only affects the staff in the council parks and gardens unit. And the staff in that unit requested that the agreement be formally terminated, it is well past the time of expiry date. The council agreed to apply for termination in consultation with the union which it has done so, Commissioner. We would ask that the Commission terminate the agreement.

PN5

THE COMMISSIONER: Yes, thank you. Mr Lodders.

PN6

MR LODDERS: If the Commission pleases. We support the submission by Mr Wall. The council in its enterprise agreement has a clause that says, where the employees and a majority vote in a work group agree to, or vote to have their local area work agreement terminated, council would support that. I have met with the employees covered by this local area work agreement and they have voted to have it terminated and the appropriate stat decs have been supplied by my organisation. If the Commission pleases.

PN7

THE COMMISSIONER: Yes. Thank you, Mr Lodders. There has been no statutory declaration provided by your organisation, but there is no requirement.

PN8

MR LODDERS: Right.

PN9

THE COMMISSIONER: There is a requirement that there be a statutory declaration and out of an abundance of caution I will grant relief from the Rules to the extent that the statutory declaration that has been submitted is one that is based on an Act of Parliament of Victoria rather than the Commonwealth statutory declaration, and grant relief from the Rules in that sense, as I said out of an abundance of caution. I just remember in the back of my mind once that someone had something overturned because they did not sign an Australian Parliamentary statutory declaration.

PN10

On the basis of what is before me I am satisfied that a valid majority of the employees whose employment is subject to the agreement that genuinely approve the termination and accordingly I order that the termination of this agreement occur with effect from today's date. A written order to that effect will be issued in due course. There is nothing further. The proceedings will adjourn. Thank you.

ADJOURNED INDEFINITELY [9.53am]