AG2002/1981, Transcript of Proceedings [2002] AIRCTrans 1378 (26 April 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 10, MLC Court 15 Adelaide St BRISBANE Qld 4000
(PO Box 38 Roma St Brisbane Qld 4003) Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HODDER

AG2002/1981

APPLICATION FOR CERTIFICATION OF AGREEMENT

Application pursuant to section 170LK
of the Act by The Big Bun Bakery and
Takeaway Food re the Big Bun Bakery
and Takeaway Certified Agreement

BRISBANE

12.00 NOON, WEDNESDAY, 10 APRIL 2002

PN1

THE COMMISSIONER: Could I have the appearances, please.

PN2

MR S. ALEXANDER: I appear on behalf of the Big Bun Bakery and Takeaway.

PN3

THE COMMISSIONER: Thank you. Now, Mr Forrester, you're the employee representative and I understand that you're with us on the telephone.

PN4

MR B. FORRESTER: Yes, I am.

PN5

THE COMMISSIONER: Thank you. Yes, thank you, Mr Alexander.

PN6

MR ALEXANDER: Sir, as I understand it, all of the procedural steps have been followed with relation to the production of this Certified Agreement. The employees have been taken through the whole process, with all the statutory times made available to them and all of the copies that have been necessary. The proposed Certified Agreement has gone through, has been put before all of the employees. There is 100 per cent support for them. The various statutory declarations on behalf of the employees, one sworn by Mr Forrester, who is on the telephone now, the other by the employer, or at least one of the employers, Memmet, Abdul Memmet, have both been filed. The Certified Agreement has been filed.

PN7

My attention has been drawn, sir, to your associate with relation to clause 4 and the date, and I note there, sir, that the dates - only the years 2002 and 2005 have been inserted. The actual dates have been left blank because we weren't certain what date this hearing would take place on if it was to be certified from today. And I would submit, sir, that in clause 4 the dates "10 April," if it were to be certified today, be put in before the 2002, and 9 April 2005, because the proposal is that it should be for a three-year term.

PN8

THE COMMISSIONER: Yes.

PN9

MR ALEXANDER: Unless you have any queries, sir, I don't know that I can really assist you any further.

PN10

THE COMMISSIONER: All right. Now, in terms of the comparative table that has been provided - - -

PN11

MR ALEXANDER: Yes.

PN12

THE COMMISSIONER: - - - Mr Alexander, are they the only comparatives necessary in terms of this agreement as opposed to the award for the no disadvantage test purpose?

PN13

MR ALEXANDER: As I understand it, yes, sir, and, indeed, a lot of figures were gone through. There is no disadvantage at all. There is only a positive advantage on all of the figures that we could find that were relevant.

PN14

THE COMMISSIONER: Well, that's in terms of rates of pay, but in that sense are there any other conditions which are different to what the safety net award provides for?

PN15

MR ALEXANDER: As I understand it, no, sir.

PN16

THE COMMISSIONER: No. So this agreement, essentially, in terms of the award only deals with rates of pay and changes in that area. Is that the case? Well, I mean, based on what I can see, it seems to relate to certain classifications within the enterprise, and then you've got the award rate, the award hourly, and the award casual, and then you go to the agreement rates and you see the differentials that are - - -

PN17

MR ALEXANDER: Yes.

PN18

THE COMMISSIONER: - - - provided there, which are in some cases significant, in others not.

PN19

MR ALEXANDER: Sir, as I understand it, this was negotiated by Adrian Carroll, sir, and as I understand it there are no significant differences at all.

PN20

THE COMMISSIONER: I see. All right, okay. Now, in terms of the grievance procedure, I note that the - - -

PN21

MR ALEXANDER: I'll just find that, sir.

PN22

THE COMMISSIONER: Yes, that's at clause 19.

PN23

MR ALEXANDER: Yes.

PN24

THE COMMISSIONER: On page 9.

PN25

MR ALEXANDER: Yes, I have that.

PN26

THE COMMISSIONER: And in the event - it seems that:

PN27

In the event of unresolved grievances upon the request of all parties -

PN28

so that means both parties have to agree to have the matter referred to the Commission.

PN29

MR ALEXANDER: Yes.

PN30

THE COMMISSIONER: And it's suggested:

PN31

The Commission will conduct the hearing and make recommendations about particular aspects of the matter on which they are unable to reach agreement.

PN32

MR ALEXANDER: Yes.

PN33

THE COMMISSIONER:

PN34

If the Commission is satisfied that all the parties have made a genuine attempt to agree with those aspects of the matter and they have agreed to comply with the Commission's recommendations, the Commission must conduct the hearing and make recommendations about those aspects of the matter.

PN35

MR ALEXANDER: Yes.

PN36

THE COMMISSIONER: Now, I just want to ask you this: is it the intention of the parties as you understand it to have matters of that order in the terms I've just read out to you dealt with by the Commission under section 111AA of the Act which goes to consent recommendations, and that requires that where the Commission involves itself in conciliation, the matter is still unresolved, the Commission can then deal with the matter by way of consent recommendation which involves a hearing where the parties present evidence and make submissions. It's a full scale hearing, but the parties are bound by the decision of the Commission if that was to occur.

PN37

MR ALEXANDER: That is as I understand it. Yes, it is, sir.

PN38

THE COMMISSIONER: That's the intention?

PN39

MR ALEXANDER: Yes.

PN40

THE COMMISSIONER: All right. Thank you.

PN41

MR ALEXANDER: In other words, essentially the intention is to try and resolve it themselves - - -

PN42

THE COMMISSIONER: Yes, obviously.

PN43

MR ALEXANDER: - - - first of all, and if not, then - - -

PN44

THE COMMISSIONER: Well, the Commission is a last resort.

PN45

MR ALEXANDER: Exactly, yes.

PN46

THE COMMISSIONER: Yes. Very well.

PN47

MR ALEXANDER: And then I suppose, sir, following through with your comments just then, it probably would be more appropriate in the finish or in another agreement later on that is drafted to put something to the effect and they will bound by those recommendations.

PN48

THE COMMISSIONER: Yes, well, that's fine because what you've said on the record is sufficient.

PN49

MR ALEXANDER: Yes.

PN50

THE COMMISSIONER: It's only for the future. If any member of the Commission has a matter of that order referred to them, they can simply go to the transcript. We'll order the transcript and it will form part of this Bench file. It's a futuristic document and it's only then called upon in the event that the parties end up before the Commission in the manner we earlier described.

PN51

MR ALEXANDER: That's correct, sir, yes.

PN52

THE COMMISSIONER: Okay. Thank you. Mr Forrester?

PN53

MR FORRESTER: Yes.

PN54

THE COMMISSIONER: Now, you've heard what I've had to say to Mr Alexander. Do you concur with that?

PN55

MR FORRESTER: I do.

PN56

THE COMMISSIONER: Okay. Now, you represent the employees at your workplace.

PN57

MR FORRESTER: Yes, I do.

PN58

THE COMMISSIONER: Now, are you and they satisfied with the nature of the information provided to you and the nature of the negotiations which took place which led to the agreement that is currently before the Commission for certification?

PN59

MR FORRESTER: Yes, we are.

PN60

THE COMMISSIONER: Okay. All right. So there's nothing that you want to raise? You're happy for the Commission to certify this agreement, you and your fellow workmates?

PN61

MR FORRESTER: What is written down, yes.

PN62

THE COMMISSIONER: Okay. All right, thank you very much.

PN63

MR FORRESTER: Thank you.

PN64

THE COMMISSIONER: Having heard the parties, the Commission is satisfied that the parties have met the statutory obligations imposed upon them by way of the Workplace Relations Act, and in accordance with section 170LT of the Workplace Relations Act 1996 the Commission certifies the written agreement in that regard. This agreement shall come into force from 10 April 2002 and shall remain in force until 9 April 2005. On the basis, I shall now adjourn these proceedings.

ADJOURNED INDEFINITELY [12.10pm]