AG2002/2030, Transcript of Proceedings [2002] AIRCTrans 1647 (14 May 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT03709

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

AG2002/2030

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Transport Workers Union of Australia to
certify the Sungold Petroleum Pty Ltd South
East Zone Fleet Operations Agreement 2002

MELBOURNE

9.47 AM, TUESDAY, 30 APRIL 2002

PN1

THE SENIOR DEPUTY PRESIDENT: Yes, Ms Tisdale, you appear for the Transport Workers Union.

PN2

MS J. TISDALE: Yes.

PN3

THE SENIOR DEPUTY PRESIDENT: And Ms Staples, you appear for Sungold.

PN4

MS J. STAPLES: Yes.

PN5

THE SENIOR DEPUTY PRESIDENT: Ms Tisdale, this matter seems to suffer from the same minor defects as the previous matter that we dealt with. Again, I take it you seek leave to extend the time.

PN6

MS TISDALE: Yes, your Honour.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, and what is the delay caused by again, administrative processes?

PN8

MS TISDALE: Yes, administrative delays.

PN9

THE SENIOR DEPUTY PRESIDENT: And do you confirm that the agreement passes the no disadvantage test?

PN10

MS TISDALE: That is correct, your Honour, yes.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes. In relation to the dispute settlement provision, again clause 17 does not appear to provide for arbitration. What do you say about that?

PN12

MS TISDALE: That was an accidental typographical matter. It was certainly the party's intention to provide power for the Commission to arbitrate in the event of a dispute, and we would give an undertaking to that effect.

PN13

THE SENIOR DEPUTY PRESIDENT: You do give an undertaking?

PN14

MS TISDALE: Yes.

PN15

THE SENIOR DEPUTY PRESIDENT: All right. Again, the expiry date, I take it, is the date that is expressed in the TWU statutory declaration?

PN16

MS TISDALE: That is correct, three years from the date of certification.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes, and the arrangements page has also got the word "draft" across it. Do you want that rectified?

PN18

MS TISDALE: Yes, your Honour, and Ms Staples has a replacement page.

PN19

THE SENIOR DEPUTY PRESIDENT: And the words "without prejudice" deleted from the document.

PN20

MS TISDALE: Thank you.

PN21

THE SENIOR DEPUTY PRESIDENT: Yes. Ms Staples, do you agree with what has been said by Ms Tisdale?

PN22

MS STAPLES: Yes, your Honour, I do.

PN23

THE SENIOR DEPUTY PRESIDENT: And do you give an undertaking on behalf of Sungold that in the event that a dispute is referred to the Commission, Sungold will not object to the Commission exercising its arbitration powers to resolve the dispute?

PN24

MS STAPLES: Yes, I do.

PN25

THE SENIOR DEPUTY PRESIDENT: You agree that there is no disadvantage.

PN26

MS STAPLES: Yes, I do, your Honour.

PN27

THE SENIOR DEPUTY PRESIDENT: Could I ask you, I did not ask Ms Tisdale but I will come back to ask her, has there been any significant change in the composition of the workforce since the date of the vote?

PN28

MS STAPLES: No, there has not, your Honour.

PN29

THE SENIOR DEPUTY PRESIDENT: All right, thank you. Do you agree with that, Ms Tisdale?

PN30

MS TISDALE: Yes, your Honour.

PN31

THE SENIOR DEPUTY PRESIDENT: Does either of you wish to say anything else in relation to that matter?

PN32

MS STAPLES: No, your Honour.

PN33

THE SENIOR DEPUTY PRESIDENT: Very well. This is an application pursuant to Part VIB, Division 2, section 170LJ of the Workplace Relations Act 1996 to certify an agreement to be known as the Sungold Petroleum Pty Ltd South East Zone Fleet Operations Agreement 2002. The application was made more than 21 days after the day on which the agreement was approved. I am satisfied that there was no change of consequence in the composition of the employees who approved the agreement in the period after the expiration of the 21 days for making the application.

PN34

Accordingly pursuant to section 111(1)(r) of the Act I extend the time for making the application to 12 April 2002. Having heard from Ms Tisdale on behalf of the Transport Workers Union of Australia, and Ms Staples on behalf of Sungold Petroleum Pty Ltd, and having read the statutory declarations filed by John Allan on behalf of the Transport Workers Union of Australia, and Martin Jones on behalf of Sungold Petroleum Pty Ltd, I am satisfied that the agreement filed relates to a constitutional corporation, namely Sungold Petroleum Pty Ltd ACN 081005861.

PN35

I am also satisfied that the Transport Workers Union of Australia 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 matters. 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.

PN36

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 would be subject to the agreement. In relation to the dispute settlement clause upon the undertaking given by Ms Tisdale on behalf of the Transport Workers Union and Ms Staples on behalf of Sungold Petroleum Pty Ltd, that neither party will object to the exercise of arbitration powers by the Commission in the event that a matter is brought to the Commission by a party pursuant to the dispute settling provision.

PN37

I am satisfied that the dispute settlement provision meets the requirements of the Act. The agreement specifies a date as the nominal expiry date which is not more than three years after the date on which the agreement will come into operation. I am also 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 and in accordance with the terms from 30 April 2002. And, again, a copy of the agreement and the certificate with my reason for decision will be forwarded to the parties in due course.

ADJOURNED INDEFINITELY [9.52am]