AG2001/7991, Transcript of Proceedings [2002] AIRCTrans 1426 (1 May 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER CARGILL

AG2001/7991

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act for certification of the National Labour
and Engineering Pty Limited/CFMEU Enterprise
Agreement 2001-2002

SYDNEY

10.17 AM, TUESDAY, 22 JANUARY 2002

Adjourned sine die

PN1

THE COMMISSIONER: Could I have appearances, please.

PN2

MR D. McLAREN: If the Commission pleases, I will be appearing on behalf of the CFMEU.

PN3

MR C. KNAPP: I appear for National Labour and Engineering.

PN4

THE COMMISSIONER: Thank you very much, Mr Knapp. Yes, Mr McLaren?

PN5

MR McLAREN: Commissioner, we would like to rely on our statutory declarations in this in this application. I would just like to add that we have had extensive negotiations with National Labour and Engineering, a company based in Wollongong and we have got the employer here present with us today. The negotiations are cordial and both the union and I believe the company are glad to see this matter resolved with a certified agreement.

PN6

THE COMMISSIONER: It's out of time.

PN7

MR McLAREN: Is it. I am sorry, Commissioner. I would like to explain that due to administration shortages in our EBA department, due ostensibly to Christmas break and annual leave taking. A number of agreements have been lodged out of time. We can advise the Commission that there has been no changes in the composition of employees. We would therefore request that the Commission exercise its powers pursuant to section 3R of the Act and extend the time limit prescribed in section 170LM.

PN8

THE COMMISSIONER: Thank you, Mr McLaren. Mr Knapp? I have read your statutory declaration. Did you want to add anything to that or to what Mr McLaren has said?

PN9

MR KNAPP: No.

PN10

THE COMMISSIONER: Can you confirm what he has indicated that there hasn't been any change in the people that you have employed since the date they took the vote, to the time it was lodged?

PN11

MR KNAPP: Yes, in January, he said.

PN12

THE COMMISSIONER: Between the date the vote was taken, when your employees voted on the agreement, which I think was 23 November, was there any change to those employees between then and 19 December when it was lodged in the Commission?

PN13

MR KNAPP: No.

PN14

THE COMMISSIONER: Thank you. I just need to confirm that that is the case.

PN15

MR KNAPP: No, it just carry on the same. Nothing has been changed.

PN16

THE COMMISSIONER: No, I just needed to ask. First of all in relation to the extension of time application, I will use my powers under the Act to extend the time for the lodgement of the application to 19 December 2001, which was the date it was lodged in the Commission. In relation to the agreement itself, I have had regard to the statutory declarations from both the parties to the agreement and on the basis of those documents, plus the agreement itself and what you have both put today, I am satisfied that I should certify this agreement.

PN17

It is to be known as the National Labour and Engineering Pty Ltd/CFMEU Enterprise Agreement 2001-2002. The date of certification of the agreement is today's date, 22 January 2002 and clause 5 provides that it is to remain in force until 30 September 2002.

ADJOURNED INDEFINITELY [10.22am]