AG2001/6679, Transcript of Proceedings [2001] AIRCTrans 3397 (5 December 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 1360

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMILTON

AG2001/6679

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by the Australian Workers' Union for
certification of the Collex Pty Ltd
Powerclean Division Shell Geelong
Refinery Agreement 2000-2003

MELBOURNE

11.40 AM, WEDNESDAY 21 NOVEMBER 2001

PN1

MR P. WORRALL: I represent Collex Pty Ltd.

PN2

THE DEPUTY PRESIDENT: Thank you, Mr Worrall. No appearance for the union?

PN3

MR WORRALL: Not at present.

PN4

THE DEPUTY PRESIDENT: Right. Well perhaps you would like to proceed, Mr Worrall. Do you have any submission to put on the statutory tests for certification of this agreement?

PN5

MR WORRALL: Nothing to put forward, your Honour.

PN6

THE DEPUTY PRESIDENT: Right. You have put the documentation. Do you believe the statutory tests are complied with?

PN7

MR WORRALL: I do indeed.

PN8

THE DEPUTY PRESIDENT: Mr Worrall, I have got one question, if I could. Do you have the agreement in front of you?

PN9

MR WORRALL: No, I don't, your Honour.

PN10

THE DEPUTY PRESIDENT: All right. I have got a spare copy here. Perhaps I will hand to you. If you could give it back afterwards.

PN11

MR WORRALL: Certainly.

PN12

THE DEPUTY PRESIDENT: Could you turn to page 3, Mr Worrall, clause 3E?

PN13

MR WORRALL: Yes.

PN14

THE DEPUTY PRESIDENT: It says current union membership practices will apply. What, in summary, at those practices?

PN15

MR WORRALL: In summary, the union practice would be that membership is offered to all employees as and when they see fit, they are certainly not imposed. Membership practices will be that they gain support from their union wherever they see it necessary and that the membership of that union along with the union and the employer being Collex will abide by any ruling, judgment made by the AIRC and that the union will act as a support body for the employees.

PN16

THE DEPUTY PRESIDENT: All right. We will briefly adjourn into conference for a minute if we could.

SHORT ADJOURNMENT [11.41am]

RESUMED [11.45am]

PN17

THE DEPUTY PRESIDENT: Mr Worrall, you have something to say on the issue of clause 3E of the certified agreement, or the enterprise agreement, that you are seeking certification of?

PN18

MR WORRALL: In relation to clause 3E, the Incidence of Agreement.

PN19

THE DEPUTY PRESIDENT: Yes.

PN20

MR WORRALL: Being the employer, I will undertake this clause will not be applied in any way that breaches Part 10A, of the Workplace Relations Act 1996, and I will make contact with the Union for them to forward to you a letter with the same effect. Otherwise we will discuss with you whether we can drop that clause altogether.

PN21

THE DEPUTY PRESIDENT: All right, Mr Worrall, thank you for that. I will accept that undertaking from you under section 170LV(1) of the Workplace Relations Act 1996 - sorry, section 170LV(1)(a) of the Workplace Relations Act 1996. On receipt of a letter from the Union making the appropriate undertaking, I will certify the agreement, as I am satisfied, and will be satisfied then that the tests for certification of agreement have been met in this case. Is it only the one union, is it?

PN22

MR WORRALL: Yes, it is, yes, your Honour.

PN23

THE DEPUTY PRESIDENT: Right, okay. Well on that basis the agreement will be certified on receipt by us of a letter from the Union in an appropriate form. This Commission will be adjourned, thank you.

ADJOURNED INDEFINITELY [11.47am]