AG2001/6480, Transcript of Proceedings [2001] AIRCTrans 3493 (12 December 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 1455

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2001/6480

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Falls Creek Alpine Resort Management Board
for certification of Falls Creek Alpine
Resort Enterprise Agreement 2001

MELBOURNE

10.43 AM, TUESDAY, 27 NOVEMBER 2001

PN1

MR P. WADESON: I seek leave to appear on behalf of the Falls Creek Alpine Resort Management Board.

PN2

MR C. WINTER: I appear on behalf of the Australian Workers Union, and I do not oppose leave.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes. Leave is granted if it be necessary. Yes.

PN4

MR WADESON: Sir, did you want me to go through some of the process?

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, please.

PN6

MR WADESON: In essence, sir, this agreement replaces the agreement that expired August last year. It has some amendments, some inclusions, certainly in terms of rates of pay. I have with me the Resort Corporate Services Manager, Ms Jo Shannon. I was involved with the processes which I submit, sir, have been carried out in accordance with the requirements of the Act.

PN7

In terms of the profiling of the impact of the agreement against the award provisions, I think the AWU have provided a copy of the profiling, but if I may, sir, basically, looking at the history of payments over a period of 12 months, the award provisions against the agreement at grade 1 level come out at 95 per cent, for casuals 94 per cent, grade 2 staff 95 per cent, for grade 3 employees 92 per cent, grade 4 employees 93 per cent, grade 5 employees 92 per cent, and the award provisions for grade 6 employees against the agreement is 87 per cent and grade 7 is 84 per cent.

PN8

So I would submit, sir, that based on the reality of the nature of the duties and the allowances that they are entitled to by award provisions and comparative context of the award with the agreement, the agreement stands in good stead for all the staff, sir, and I would submit that it is an appropriate situation for the Commission to certify.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, there is quite a list of clauses where you say that there has been a reduction and a smaller list where you say there has been an increase in provisions that advantage the employees.

PN10

MR WADESON: I may also comment, sir, that it is very similar to the recent AWA that was certified for the Mt Bulla Alpine Resort Commission.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, well, I certified that one so I had better be satisfied on this one, hadn't I?

PN12

MR WADESON: It is very similar except some of the amounts that are paid, there are minor variations, but in terms of the analysis of what has taken place or what is involved in that as a business manager, I am quite satisfied that the staff have every reason to be happy and I am quite aware that they are, and there was a unanimous vote for the agreement.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes, thank you very much. Mr Winter.

PN14

MR WINTER: Thank you, your Honour. I did notice that there has been a typo in the document itself. If I can bring your attention to clause 37, page 32, that is the disputes procedure.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes, I did notice that.

PN16

MR WINTER: If you go to the third dot point, it talks about the industrial relations employer and it should refer to the Commission.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes, I thought that might be the case.

PN18

MR WINTER: That is the only error that I noticed. The other aspects of the document do comply with the Act and I think it has even been lodged on time.

PN19

THE SENIOR DEPUTY PRESIDENT: Yes. I will exercise my discretion under the Act and also invoke the slip rule to replace the word, "employer", in clause 37 in the third dot point with "Commission".

PN20

MR WINTER: If your Honour pleases.

PN21

THE SENIOR DEPUTY PRESIDENT: You are satisfied that the no disadvantage test is passed, are you?

PN22

MR WINTER: Yes, I am, your Honour.

PN23

THE SENIOR DEPUTY PRESIDENT: Despite the rather large number of reductions in benefits.

PN24

MR WINTER: If you look at it overall, it is similar to or if not the same as the other agreement that was mentioned. The agreement was negotiated over a lengthy period of time and it does have the unanimous support from the membership involved.

PN25

THE SENIOR DEPUTY PRESIDENT: Yes. If I recollect correctly, your organisers in the alpine area are pretty careful about not reducing any overall conditions.

PN26

MR WINTER: Yes, they are.

PN27

THE SENIOR DEPUTY PRESIDENT: The agreement passes all the statutory tests and there are no reasons why I shouldn't certify it. It will be certified to operate from today's date.

ADJOURNED INDEFINITELY [10.49am]