AG2002/1782, Transcript of Proceedings [2002] AIRCTrans 1189 (9 April 2002)

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TRANSCRIPT OF PROCEEDINGS

O/N VT03218
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2002/1782

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by Amatek Limited for certification of the
Laminex Industries Ballarat Branch Agreement
2001

MELBOURNE

1.27 PM, MONDAY, 25 MARCH 2002

PN1

MR S. NAMBIAR: I am the Human Resources Adviser with Laminex Industries. With me is MR C. HUTCHINSON, who is a Sales Clerk at our Ballarat Branch and has been nominated by the work group to act as their representative for the purpose of the application to certify the agreement.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes?

PN3

MR NAMBIAR: The purpose of today's hearing is to apply for the certification of an enterprise agreement for Laminex Industries Ballarat Branch Agreement 2001. This agreement has been negotiated between the parties pursuant to section 170LK of the Workplace Relations Act 1996. The agreement applies to Laminex operations at 362 Dowling Street, Ballarat, Victoria, 3350. Senior Deputy President, the parties believe that the requirements of the Act have been satisfied and the content contained in the statutory declarations reflects this.

PN4

Specifically, Senior Deputy President, the agreement is based on the Timber and Allied Industries Award 1999 and the Clerical and the Administrative Employees (Victorian) Award 1995. The company is a constitutional corporation of the Commonwealth. The company registration number is ACN004093092. The agreement was endorsed by a valid majority of employees whose employment is covered by the agreement. A vote was taken by a meeting of employees on 28 February 2002. At the time of providing the agreement to employees for their consideration Laminex notified all relevant employees in writing of its intention to make the agreement.

PN5

And that any employee who was a union member was entitled to have that union or bargaining agent representing their interest in relation to the negotiation of the agreement. Employees who are not union members were advised that they may appoint a bargaining agent to the negotiation of that agreement. A copy of the notice provided to the employees is tendered to the Commission as part of our application for the certification of the agreement.

EXHIBIT #N1 NOTIFICATION TO EMPLOYEES

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Nambiar?

PN7

MR NAMBIAR: Prior to this endorsement of the agreement the proposed agreement was explained to the employees and the agreement in written form was provided to the employees to examine for a period of 14 days. The application for certification has been made within the 21 day period since endorsement of the agreement by the employees. The parties believe that there is no disadvantage occasioned to any employee as a result of this agreement.

PN8

We have included a table comparing the agreement to the relevant awards to help demonstrate that there is no disadvantage. Measures for effective resolution of grievance which include a role for the Australian Industrial Relations Commission with regard to settlement of disputes through conciliation or arbitration are referred to in clause 9. The nominal expiry date is 01/10/2004 and a process for renegotiation of the agreement is referred to in clause 5.

PN9

Finally, Senior Deputy President, I believe that the agreement was fully explained to all employees covered by the agreement in a manner that was relevant to them and that there was no coercion placed on any employee to approve the agreement. In summary, Senior Deputy President, the parties believe that everything is in order and request that the document be certified. Thank you, Senior Deputy President.

PN10

THE SENIOR DEPUTY PRESIDENT: Mr Nambiar, I think this one suffers from the same problem.

PN11

MR NAMBIAR: Yes.

PN12

THE SENIOR DEPUTY PRESIDENT: This also covers some nine employees, is it? Eight employees, sorry.

PN13

MR NAMBIAR: Eight employees.

PN14

THE SENIOR DEPUTY PRESIDENT: The other thing that I am concerned about these agreements is the dispute resolution procedure.

PN15

MR NAMBIAR: Yes.

PN16

THE SENIOR DEPUTY PRESIDENT: It specifies what should happen rather than what is to happen and to that extent it is arguable I think that it doesn't provide for the resolution disputes. I think you might want to look at that.

PN17

MR NAMBIAR: All right.

PN18

THE SENIOR DEPUTY PRESIDENT: As you go through. It has got to have a dispute resolution procedure and that means that it has got to have a procedure for resolving disputes. And to the extent it says things like, you know, if the issue cannot be resolved through discussion between relevant company employee representatives then the assistance of the Commission should be sought, then that is a statement of, how shall I put it, what is desirable as opposed to what is to happen. And it may be that if it is only should be sought the dispute would not be resolved. So I think you should look at that as well.

PN19

MR NAMBIAR: I am quite happy to look at that as well.

PN20

THE SENIOR DEPUTY PRESIDENT: I will adjourn this matter on the same basis.

ADJOURNED INDEFINITELY [1.26pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #N1 NOTIFICATION TO EMPLOYEES PN6