AG2002/69, Transcript of Proceedings [2002] AIRCTrans 1278 (15 April 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 2, 16 St George's Tce, PERTH WA 6000
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TRANSCRIPT OF PROCEEDINGS

O/N WTO 4594

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT BLAIN

AG2002/69

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LL of the Act
by Ausclad Industries Pty Ltd and Another
for certification of the Cockburn Power
Station (Ausclad Industries Pty Ltd)
Mechanical Project Agreement 2002-2004

PERTH

2.32 PM, TUESDAY, 2 APRIL 2002

PN1

MR P. COOKE: I appear for Ausclad Industries Pty Ltd.

PN2

MS F. BENNETT: I appear for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers.

PN3

THE DEPUTY PRESIDENT: Thank you, Ms Bennett. Mr Cooke?

PN4

MR COOKE: Thank you, Deputy President. The matter this afternoon, sir, is an application pursuant to section 170LL of the Act whereupon the employer, being Ausclad Industries Pty Ltd, and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union have entered into an agreement to cover the work that Ausclad Industries Pty Ltd will be carrying out on the Cockburn Power Station construction site, which is adjacent to the existing Kwinana Power Station south of Perth.

PN5

The agreement, sir, we say is properly made between a constitutional corporation and a union capable of covering at least one of the employees who will be engaged at some point down the track pursuant to the agreement. We rely on the statutory declarations of Mr Colin Saunders on behalf of the union and Mr James Fitzgerald on behalf of the employer to support our view, sir, that the statutory requirements set down by the Workplace Relations Act and pursuant to the testing of such matters has been met.

PN6

We say that the company is a constitutional corporation and the union does have coverage over the employees or the employees classifications when they are actually engaged, that the agreement has within it a procedure for resolving differences and disagreements and the agreement is for a fixed term. Pursuant to section 170LX of the Act, sir, in accordance with the indications received from your Associate we were able to provide an undertaking to the Commission by way of letter dated 11 March 2002 that the agreement would not operate prior to the date of certification and that is certainly the case.

PN7

There are currently no employees engaged on work that would be covered by this agreement. Unfortunately, I wasn't aware that it was a matter of interest to the Commission, it actually is in the penultimate sentence of the communication sent by the Commission to our office on about 10 March, the same day that I answered - 7 March. I believe the work is to commence in a month or two month's time. It is not tomorrow or the day after, it is some matter of weeks away, I believe. That being the case, subject to there being no questions from the Bench, that would conclude our submissions and we respectful request that the agreement be certified. If it please the Commission.

PN8

THE DEPUTY PRESIDENT: Thank you, Mr Cooke. Ms Bennett?

PN9

MS BENNETT: Thank you, sir. I have nothing further to add to Mr Cooke's submission and concur with him and just seek that the agreement be certified. Thanks.

PN10

THE DEPUTY PRESIDENT: Thank you. For the formal record this is an application pursuant to Part VIB Division 2, section 170LL, of the Workplace Relations Act 1996 to certify an agreement to be known as the Cockburn Power Station (Ausclad Industries Pty Ltd) Mechanical Project Agreement 2002-2004. Having heard Mr Peter Cooke on behalf of Ausclad Industries Pty Ltd and Ms Fiona Bennett on behalf of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Union, and having read the statutory declarations filed by Mr James Fitzgerald on behalf of Ausclad Industries Pty Ltd and Mr Colin Saunders on behalf of the union I am satisfied that the agreement filed relates to a constitutional corporation, namely Ausclad Industries Pty Ltd, ACN 079939898.

PN11

I am satisfied that the union has the constitutional coverage to represent the industrial interests of one or more of the persons whose work will be subject to the agreement in relation to the part of the single business to which the agreement relates. I am also satisfied as to the following: the agreement passes the no disadvantage test; the agreement was made in accordance with section 170LL; the agreement includes procedures for preventing and settling disputes between the employer and the employees whose employment will be subject to the agreement; and the agreement specifies a nominal expiry date, not more than three years after the date on which the agreement will come into operation.

PN12

I am further satisfied that there are no reasons set out in section 170LU of the Act why I should refuse to certify the agreement. Accordingly, the agreement will be certified with effect from 2 April 2002 to operate in accordance with its terms from the same date. The formal certificate will issue in due course. These proceedings are adjourned.

ADJOURNED INDEFINITELY [2.38pm]