AG2002/1994, Transcript of Proceedings [2002] AIRCTrans 1673 (15 May 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT03746

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2002/1994

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by National Union of Workers -
Victorian Branch and Another for
certification of the Smith and Nephew
Pty Ltd (Clayton) Enterprise Bargaining
Agreement 2002

MELBOURNE

11.30 AM, WEDNESDAY, 1 MAY 2002

PN1

MR E. CURNOW: I appear for the National Union of Workers.

PN2

THE DEPUTY PRESIDENT: Yes, Mr Curnow.

PN3

MR CURNOW: Thank you, your Honour. We are asking that you certify this agreement between Smith and Nephew and the National Union of Workers. The agreement has an expiry date of 31 December this year. It contains the necessary disputes procedure. It does not in any way as a result of making of this agreement disadvantage the employees. The agreement was supported by a valid majority of the employees at the site and the statutory declarations indicate that all the other requirements of the Act have been met and on that basis, I would be requesting, your Honour, that you certify it from today's date.

PN4

THE DEPUTY PRESIDENT: Yes, thanks Mr Curnow. Was there any intention that the employer was to be here today, Mr Curnow, are you aware?

PN5

MR CURNOW: No, they indicated to me they weren't going to - - -

PN6

THE DEPUTY PRESIDENT: Okay, thank you.

PN7

MR CURNOW: The woman who is their HR manager is only working a day a week. The site is actually closing.

PN8

THE DEPUTY PRESIDENT: Right, okay. Okay, well that makes sense in terms of determination - the expiry date of the agreement and the expiry date of the agreement is 31 December 2002 or until closure of the distribution centre, yes. Yes, thanks Mr Curnow.

PN9

On the basis of the submissions that you have made to me and on the basis of all of the documentation which has been provided, which I am satisfied meets all of the relevant requirements of the Act, I will certify this agreement, which is the Smith and Nephew Pty Ltd (Clayton) Enterprise Bargaining Agreement 2002. The agreement will be certified with effect from today's date. It will remain in force until 31 December 2002 or until closure of the distribution centre, whichever is the earlier date. This matter is adjourned.

ADJOURNED INDEFINITELY [11.32am]