AG2002/82, Transcript of Proceedings [2002] AIRCTrans 1302 (18 April 2002)

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ABN 76 082 664 220

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

O/N WTO4626

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT BLAIN

AG2002/82

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by National Union of Workers, Western Australian
Branch and Another for Certification of the
Bridgestone Australia Ltd (WA Warehouse)
Certified Agreement 2001

PERTH

3.05 PM, THURSDAY, 4 APRIL 2002

PN1

MR T.J. POPE: I appear on behalf of the NUW, sir.

PN2

MR T. TARPAY: I appear on behalf of Bridgestone Australia.

PN3

THE DEPUTY PRESIDENT: Mr Pope.

PN4

MR POPE: Yes, thank you, sir. Can I say at the outset, thank you for a fax from your chambers of several days ago in regards to a query you had with the agreement and the certification date. And we've both sent replies which we hope will answer that particular point that you raised.

PN5

THE DEPUTY PRESIDENT: They do indeed. Yes, thank you. Thank you, Mr Pope.

PN6

MR POPE: Yes. Thank you, sir. So I don't need to explain further on that point?

PN7

THE DEPUTY PRESIDENT: No. No, that's covered well.

PN8

MR POPE: Yes. And thank you for raising them. It's far easier if we get these matters in advance and you can prepare an explanation rather than when you're on your feet. Because, you know, sometimes it's necessary to refer to documents, etcetera. So thank you, once again, for that.

PN9

THE DEPUTY PRESIDENT: Certainly.

PN10

MR POPE: The particular application you have, is an application for certification of the Bridgestone Australia Ltd, Tyre Marking and Operations Division (WA Warehouse) Agreement. There are a number of agreements that the NUW has operating with Bridgestone throughout Australia and this is the one that applies in Western Australia. The agreement's made pursuant to section 170LJ of the Act. The application is made by the consent of the parties and is accompanied by the necessary statutory declarations, signed by Mr Joseph Bullock, the Branch Secretary of the NUW and Mr Tarpay, who is present today, sir, on behalf of the employer.

PN11

The NUW has at least one member at the workplace and is entitled to represent the interests of the employees covered by the agreement. If certified, the agreement will apply to seven employees. In respect of 170XA of the Act, the award which applies to the parties is the Federal Vehicle Industry Repair Services and Retail Award. And we say quite clearly, in respect of that particular Award, there is no disadvantage to employees. In fact the agreement picks up most of the conditions from that Award and the wage rates in the agreement are considerably higher than the Award.

PN12

We've had considerable discussion with our members out there and we've got very good relations with Bridgestone and our organiser meets with Tom regularly to keep the wheels oiled out there. So, all aspects of the agreement, the wages, you know, were canvassed at length with the employees and they had ample opportunity to ask questions, had the questions answered. In respect of the Act, a presentation was actually given to them in easy to understand English and they voted on the agreement. The voting was unanimous and that was on 21 February.

PN13

In terms of the minority groups, there is one part time employee and one casual, and they were both included in the discussion. The agreement was lodged within the Commission within 21 days of the date of the vote. The agreement at clause 11 provides for a method of preventing and settling disputes. The agreement is for a fixed term, expiring on 18/11/04. I think the agreement is reasonably self-explanatory. It includes three pay increases of 3, 3 and 4 per cent, which is a fair outcome we would say. The agreement itself contains a number of clauses in there, whereby the employer can aim for extra efficiency and productivity which is essential in the workplace these days in a competitive industry.

PN14

It's got quality assurance conditions in there and in respect of workplace health and safety, the employers are particularly focussed on that aspect for the life of the rest of this agreement. So we would say, sir, that we believe the agreement can be registered. It complies with the Act and provides a win win for all the parties concerned. Thank you.

PN15

THE DEPUTY PRESIDENT: Thank you very much, Mr Pope. Just one question if I might.

PN16

MR POPE: Yes.

PN17

THE DEPUTY PRESIDENT: And that was, I thought I heard you to say that the procedures for preventing and settling disputes was clause 11?

PN18

MR POPE: Yes. I think that is, sir.

PN19

THE DEPUTY PRESIDENT: Is that correct?

PN20

MR POPE: No, not - - -

PN21

THE DEPUTY PRESIDENT: Whereas I understood it was clause 16.

PN22

MR POPE: Yes. I've given you an incorrect number there. Yes, clause 16, dispute settling procedure.

PN23

THE DEPUTY PRESIDENT: Clause 16 it is?

PN24

MR POPE: Yes. It's caught up in the fold of my page there, sir. So I apologise for that.

PN25

THE DEPUTY PRESIDENT: Thank you very much. Certainly that was the only question.

PN26

MR POPE: Yes, thank you.

PN27

THE DEPUTY PRESIDENT: Mr Tarpay.

PN28

MR TARPAY: I have nothing further to add.

PN29

THE DEPUTY PRESIDENT: So you concur with the comments that have been made in support of the agreement?

PN30

MR TARPAY: Yes, I do entirely.

PN31

THE DEPUTY PRESIDENT: Good. Thank you, Mr Tarpay. And thank you, Mr Pope, for your comprehensive coverage of the background of the agreement and of its characteristics.

PN32

MR POPE: Thank you, sir.

PN33

THE DEPUTY PRESIDENT: For the formal record. I note that this an application pursuant to Part VIB, Division 2, section 170LF of the Workplace Relations Act 1996, to certify an agreement to be known as the Bridgestone Australia Ltd (WA Warehouse) Certified Agreement 2001. Having heard Mr Trevor Pope, on behalf of the National Union of Workers, NUW, and Mr Thomas Tarpay, on behalf of Bridgestone Australia Ltd, Bridgestone, and having read the statutory declarations filed by Mr Joseph Bullock, on behalf of the NUW, and Mr Thomas Tarpay, on behalf of Bridgestone, I am satisfied that the agreement filed relates to a constitutional corporation, namely Bridgestone Australia Ltd, ACN 007516841.

PN34

I am satisfied that the NUW has at least one member employed in the part of the single business to which the agreement relates, and is entitled to represent the industrial interests of the member. I am also satisfied as to the following: The agreement passes the no disadvantage test; the agreement was made in accordance with section 170LJ and a valid majority of persons employed at the time, whose employment would be subject to the agreement, genuinely approved the agreement; the explanation of the terms of the agreement was appropriate; 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 of not more than three years after the date on which the agreement will come into operation.

PN35

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 4 April 2002, to operate in accordance with its terms from the same date. The formal certificate will issue in due course.

ADJOURNED INDEFINITELY [3.11pm]