AG2001/6851, Transcript of Proceedings [2002] AIRCTrans 10 (2 January 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

AG2001/6851

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Transfield Services and The Maritime
Union of Australia and the Communications,
Electrical, Electronic, Energy, Information,
Postal, Plumbing and Allied Services Union
of Australia for certification of the TPA
Maintenance Certified Agreement 2001

SYDNEY

9.39 AM, TUESDAY, 11 DECEMBER 2001

Adjourned sine die

PN1

THE COMMISSIONER: If I could have the appearances, please?

PN2

MS J. STREIMER: I appear for the Australian Industry Group on behalf of our member company, Transfield Services Australia Proprietary Limited.

PN3

MR W. GIDDINS: I appear in this matter for The Maritime Union of Australia. I am also instructed to appear on behalf of the CEPU, the Communications, Electrical and Plumbing Union.

PN4

THE COMMISSIONER: Yes, thank you. Who wants to go first?

PN5

MS STREIMER: Commissioner, this is an application made under section 170LJ, division 2, part 6B of the Work Place Relations Act. The certification of an agreement between Transfield Services Australia Proprietary Limited and The Maritime Union of Australia and the CEPU. The parent award for this agreement is the Stevedoring Industry Award of 1999 and this agreement will apply to a single business located at Port Botany and Fishermans Island, Queensland. There are 35 employees covered by this agreement as noted in the statutory declarations.

PN6

Commissioner, you will note that the agreement was approved by the employees on 18 October and not lodged until 23 November, hence being lodged 15 days out of time and as such we formally request an extension of time for lodgement of this agreement under section 111(1)(r) of the Work Place Relations Act. Commissioner, we understand that the delay was due to some confusion over who was actually going to lodge the agreement with the MUA actually lodging the agreement and not the applicant. Further delays took place just purely on administrative grounds and as such we would ask you to exercise your discretion and extend the time.

PN7

Commissioner, several meetings were held to discuss and explain the terms of the agreement with all employees having ready access to the agreement for at least 14 days prior to giving approval. The agreement provides a total wage increase as specified in clause 16 which details the way in which the increase will be set out and there also contains procedures for preventing and settling disputes at clause 13. As such, Commissioner, we commend this agreement for certification and ask for it to operate from today's date until the expiry of 30 July 2004. If the Commission please.

PN8

MR GIDDINS: Commissioner, the submission I make is on behalf of the MUA and the CEPU. Both unions rely on the statutory declarations of Mr John Andrew Ingram from the CEPU and myself from the MUA. We concur and adopt the submissions made by the applicant in this regard and ask that the agreement be certified.

PN9

THE COMMISSIONER: Yes. This is an application to have a certified agreement to be known as the Transfield Services Maritime Asset Maintenance Certified Agreement 2001. The parties to the agreement are Transfield Services, the MEU and the CEPU for short. On the basis of the submissions and the documentation I am satisfied the relevant requirements of the Act and of the rules of the Commission have been complied with. Excepting the agreement was lodged slightly out of time but in the circumstances the Commission extends time pursuant to section 111(1)(r). The agreement will come into force from 11 December 2001 and will remain in force until 30 July 2004. These proceedings are now adjourned.

ADJOURNED ACCORDINGLY [9.42am]