AG2001/7019, Transcript of Proceedings [2001] AIRCTrans 3556 (18 December 2001)

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TRANSCRIPT OF PROCEEDINGS

O/N 8019

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2001/7019

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by St Luke's Medical and Hospital Benefits
Association Limited for certification of
the St Luke's Health Insurance Certified
Agreement 2001

LAUNCESTON

1.21 PM, MONDAY, 3 DECEMBER 2001

PN1

THE D.PRESIDENT: Thank you. Can I first apologise for the delay but there are days and there are days. Could I take appearances in this matter please.

PN2

MR M. SORENG: Thank you, your Honour. Thank you kindly also for accommodating the difficulties that I had getting down here your Honour. If your Honour pleases my name is Michael Soreng and I seek leave to appear for St Lukes Health Insurance.

PN3

THE D.PRESIDENT: And the two ladies are the employee - - -

PN4

MR SORENG: That is correct. I have Mr Chris Williams who is the Chief Executive Officer of the company and there is two ladies, Elizabeth Lord and Amanda Bugg are employees of the company.

PN5

THE D.PRESIDENT: Okay. Thank you. Are you going to speak to the agreement?

PN6

MR SORENG: If I may, your Honour. This is an application by St Lukes Medical and Hospital Benefits Association for certification and agreement under section 170LK of the Act. The application was signed on 8 November. It was filed in the Commission on that day. St Lukes, your Honour, is a corporation. It is a registered health benefits organisation under the National Health Act, it has a head office in Launceston and four other officers in Tasmania in Hobart, Devonport, Burnie and Smithton.

PN7

It has 53 employees of whom 33 are award covered. The company, your Honour, is responding to the Clerical and Administrative Employees Health Insurance Industry Award 2001 - that is an award of this Commission. It is an award that was simplified under the WROLA Act on 26 July of this year. St Lukes has a history of being covered by enterprise agreements, originally covered by an enterprise flexibility agreement in September '95, a certified agreement in December '98.

PN8

The matters that we rely on, your Honour, are those set out in the statutory declaration of Mr Williams. I don't know if your Honour has had a chance to read the declaration but very briefly there are couple of points to bring to your attention. No employee asks for union representation. There was a detailed process of consultation. The notice to employees was given in the form required by the Act. Mr Williams also goes to the no disadvantage test. In Mr Williams' statutory declaration he indicates that there is one reduction in benefits and that is a very slight change in the span of ordinary hours.

PN9

Under the award the ordinary hours are 6.30 am to 6.30 pm Monday to Friday and 6.30 am to 12.30 pm on Saturday. The certified agreement changes that slightly - 7 am to 7 pm Monday to Saturday and I might also note, your Honour, that in the award there is provision to extend the span of ordinary hours so perhaps that is not a reduction at all except for the Saturday afternoon.

PN10

To balance out under the no disadvantage test, your Honour, there are a significant number of improvements in conditions, part time hourly rate, the divisor is 36_ hours, ordinary hours are 36_ hours, only new part time employees can be directed to work ordinary hours on Saturday, the sick leave is superior to the award sick leave provision, the wage rates are superior to the award wage rates. In respect of grade 6, your Honour, the St Lukes certified agreement only has five grades, each of which has a superior salary rate to the award rate and it has no grade 6 employees.

PN11

Your Honour, on the basis of what I have put to you I would submit that the statutory tests have been met and that the certified agreement is appropriate for certification. Subject to any questions your Honour may wish to put to either of the ladies present or to Mr Williams, I would submit that the certified agreement is appropriate for certification. If the Commission pleases.

PN12

THE D.PRESIDENT: I only have one question and it goes to 9.4 and this is when we get into the dispute procedure which I hope you never have to do but it talks about an independent conciliator. The only question I have to that is, who pays, if there is a payment involved?

PN13

MR SORENG: I wonder if I could have a quick word to Mr Williams.

PN14

THE D.PRESIDENT: Certainly.

PN15

MR SORENG: The employer would bear the cost of that, your Honour.

PN16

THE D.PRESIDENT: I would imagine that it is an unlikely thing that will happen but just to clarify that. Other than that I don't have any other questions other than to ask the employee representatives that they understand the terms of the agreement and you are happy with the negotiations, you were not put under any duress, you were satisfied that all of the other employees understand and agree to willingly go into this agreement.

PN17

MS BUGG: Yes.

PN18

THE D.PRESIDENT: These are the silly questions I have got to ask. On that basis having heard Mr Soreng and having been through the agreement it will be certified pursuant to section 170LK of the Workplace Relations Act. The agreement will be known as the St Lukes Health Insurance Certified Agreement 2001 and covers all employees of the company at its various locations in Tasmania. The parties have provided the necessary statutory declarations and I am satisfied have met the requirements of the Act.

PN19

Accordingly an order will be issued to take effect from today's date and to remain in force for a period of three years. I am sorry you had to wait so long for such a very short proceedings but the agreement is hereby certified. Thank you and the Commission adjourns sine die.

ADJOURNED INDEFINITELY [1.27pm]