AG2001/6750, Transcript of Proceedings [2001] AIRCTrans 3535 (17 December 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 1526

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2001/6750

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by Westbourne Grammar School for certification
of the Westbourne Grammar School Certified
Agreement 2002

MELBOURNE

10.01 AM, FRIDAY, 30 NOVEMBER 2001

PN1

MR A. ODGERS: I seek leave to intervene in this matter to the extent of making an application pursuant to section 170M for my organisation to be bound by this agreement. I appear on behalf of the Independent Education Union of Australia.

PN2

THE DEPUTY PRESIDENT: Any objection to leave being granted, Mr Cook?

PN3

MR T. COOK: No objection, sir.

PN4

THE DEPUTY PRESIDENT: Leave is granted. Mr Cook.

PN5

MR COOK: Sir, we have - this is the fourth year in which we have had this similar agreement. We have used this as a very useful took within the school. The relationship between the staff and the school has been quite successful using this method and we built up quite a relationship, I think, that has been useful to all parties. There was no dissent or problems in the process. We take - some months with us, we started it as part of our budgetary process and we find it useful in terms of going through that.

PN6

There was a ballot and that ballot, although there were 150 people bound by it, only 81 actually voted, but there was nobody that voted against the certified agreement. So we would like to recommend that this agreement be accepted.

PN7

THE DEPUTY PRESIDENT: Okay. Well, I have seen most of your documentation, Mr Cook, and everything seems to be in order. Mr Odgers.

PN8

MR ODGERS: Your Honour, can I seek to hand to you as one a copy of a statutory declaration made out by the acting general secretary of the Victorian branch of the Independent Education Union. A notice pursuant to section 170M(3)(d)(iii) by a member at Westbourne and Williamstown Grammar School requesting that this organisation make an application to be bound and evidence again consistent with section 170M(3)(d) that the union has members at Westbourne and Williamstown Grammar School. And if I can hand up those up as one. Obviously, we hand our - not that there is anything particularly confidential about our membership list, but we hand it up in confidence and, in any event, your Honour - - -

PN9

THE DEPUTY PRESIDENT: We will mark those I1.

EXHIBIT #I1 MEMBERSHIP LIST

PN10

MR ODGERS: Can I just say in relation to that that I believe that with the production of materials the IEUA meets the tests that imposed by both the Act and the Commission's Rules in respect of the statutory declaration. Can I say in support of what Mr Cook said that we confirm that, indeed, it is a very successful process at Westbourne and Williamstown Grammar School and we commend the school and its employees for the agreement they have reached.

PN11

The terms and conditions contained in the agreement are significantly above the base industry standard and provide an excellent package for employees of the school. And life at the school is - just for the Commission's information - marked by very little industrial disputation. In our view, it is because the parties have reached an agreement of this sort again and again and again that has been certified with the Commission that has enabled them to continue to prosper as an entity with the protection of that particular agreement as one of the cornerstones of employment at the school. That is all I have to say. If the Commission pleases.

PN12

THE DEPUTY PRESIDENT: Okay. Thanks, Mr Odgers. Mr Cook, it has just been pointed out to me by my associate that your application is actually out of time. In accordance with the requirements of 170LM(2)(b), which say that it must be lodged within 21 days of it being made - I think it was actually made on 10 September and lodged on 30 October which puts it about 19 days late - were you going to ask me to exercise some - - -

PN13

MR COOK: I would if you would, sir. The reason for it is that the actual final vote was taken just before the school holidays and there was a school break and getting the signatures of each of the representatives on the documentation, they were in fact somewhere overseas and not in the school. So it was difficult to complete the paperwork, sir, but there were no other delays for any other reason.

PN14

THE DEPUTY PRESIDENT: So you would be asking me to exercise a discretion under section 111(1)(r) of the Act to extend that time period?

PN15

MR COOK: I would so do, sir.

PN16

THE DEPUTY PRESIDENT: Yes. On the basis of the explanation provided by Mr Cook, I do exercise that discretion and accordingly extend the time period. If you can just bear with me for a few moments, I will just look through the documentation. All right. Well, all the documentation seems to be in order and meet requirements.

PN17

This is an application to certify an agreement under Division 2 section 170LK of the Workplace Relations Act. The agreement is sought to be made between Westbourne Grammar School and a valid majority of its employees in accordance with section 170LK(1) of the Act.

PN18

I have considered the employers submissions and the documentation tendered and I am satisfied that the application meets the requirements for certification under division 4 section 170LT of the Act. In particular, I have carefully considered the agreement and I am satisfied that it meets the requirements of the no disadvantage test as outlined in section 170LT(2) of the Act and that it meets the specific requirements of sections 170LT(6) relating to approval by a valid majority of employees employed at the time and 170LT(7) in respect of explanations of agreement terms, as well as 170LT(8) relating to disputes settlement procedures.

PN19

Accordingly, I will certify the agreement under the provisions of the relevant section of the Act with effect from today's date and the agreement will run its term until 31 December 2002.

PN20

I further heard submissions from the Victorian Independent Education Union seeking to be bound by the agreement and I have considered documentation tendered by the union in support of their application to be bound. The union appears to have met its obligations under section 170M(3) of the Act, both in relation to service and in relation to requirements in respect of employee membership.

PN21

Accordingly, I will issue an order binding the Victorian Independent Education Union to the agreement. On that basis this matter is adjourned. Thank you.

ADJOURNED INDEFINITELY [10.11am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #I1 MEMBERSHIP LIST PN10