AG2002/2367, Transcript of Proceedings [2002] AIRCTrans 1766 (22 May 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT03859
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

AG2002/2367

APPLICATION FOR CERTIFICATION OF AGREEMENT

Application under section 170LJ of the
Act by P and O Maritime Services Pty Ltd
and Another for certification of the
P & O Maritime Services Enterprise
Agreement 2002

MELBOURNE

9.31 AM, WEDNESDAY, 8 MAY 2002

PN1

MS L. SUMPTER: I appear on behalf of the Australian Services Union.

PN2

MR P. BARROW: I appear on behalf of P and O Maritime Services Pty Ltd, I am the HR Manager, and I would just like to express our apologies for delay in appearances here this morning.

PN3

THE COMMISSIONER: All right. Now the agreement in this matter, unless there is something that the parties wish to draw the Commission's attentions to that makes the agreement particularly outstanding, there is only one issue and that is in the settlement of disputes procedure. It says:

PN4

The parties shall jointly or individually refer the matter to the Commission for assistance in resolving the dispute.

PN5

Now, that doesn't empower the Commission to do anything in terms of trying to settle the dispute if the parties can't reach an agreement even with the assistance of the Commission. Is it the parties' intention to, if the matter has to be referred to the Commission to do so through the process of conciliation and if necessary arbitration subject to the parties' rights of appeal?

PN6

MR BARROW: Yes, I think that would be right, sir. We have been able to use the Commission as a conciliator and a facilitator in the past - - -

PN7

THE COMMISSIONER: Right.

PN8

MR BARROW: - - - with great effect, and that has involved a bit of banging of heads and getting us through some difficult processes.

PN9

THE COMMISSIONER: Well, heaven forbid if the Commission did that.

PN10

MR BARROW: And basically that is the intent - that would be the intent of the clause.

PN11

THE COMMISSIONER: Right, so, is it through the process of conciliation alone, or is it the process of conciliation and if necessary - sorry - where necessary, arbitration subject to the parties' rights of appeal?

PN12

MR BARROW: Yes.

PN13

MS SUMPTER: That is correct.

PN14

THE COMMISSIONER: Right, okay. So both parties agreed that that is the position?

PN15

MR BARROW: Yes.

PN16

MS SUMPTER: Yes.

PN17

THE COMMISSIONER: Okay. All right. Thanks for that. Nothing else in the agreement that you wish to draw my attention to?

PN18

MR BARROW: No, sir.

PN19

THE COMMISSIONER: Just an outstanding agreement?

PN20

MR BARROW: That is basically it, sir, yes.

PN21

THE COMMISSIONER: All right. This is an application under section 170LJ. The agreement in this matter shall be referred to as the P and O Maritime Services Enterprise Agreement 2002. The Commission is satisfied, based on the material provided through or by the parties that all provisions of section 170 have been complied with. The Commission is therefore prepared to certify the agreement which shall commence from the date of certification, which is today's date, 8 May 2002 and shall - no, hang on - and shall remain in force until 31 December 2002. Is that right?

PN22

MR BARROW: That is correct.

PN23

MS SUMPTER: That is correct.

PN24

THE COMMISSIONER: Right - just slightly worded differently - it got me by surprise. All right, thanks for that. No further business, the Commission stands adjourned.

ADJOURNED INDEFINITELY [9.34am]