AG2002/113, Transcript of Proceedings [2002] AIRCTrans 1770 (22 May 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N WTO 4764

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT McCARTHY

AG2002/113

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by The Commissioners of the Presbyterian Church
in WA and Another for certification of the
Braemer Presbyterian Homes Registered Nurses
Agreement 2002

PERTH

2.04 PM, WEDNESDAY, 8 MAY 2002

PN1

MS C. DORIZZA: I appear for the applicant.

PN2

MR N. FERGUS: I appear for the respondent.

PN3

THE DEPUTY PRESIDENT: Can someone take me through this quickly?

PN4

MS DORIZZA: We submit that the agreement filed on behalf of the Commissioners of the Presbyterian Church in Western Australia - the agreement is lodged under Division 2 of VIB of the Workplace Relations Act. The agreement is binding on employees bound by the Nurses (ANF - WA Private Hospitals and Nursing Homes) Award 1999 and will cover 14 employees. The agreement was genuinely approved by a valid majority of the persons employed on 26 March of this year. Adequate opportunity was afforded to the employees to decide whether they wanted to give approval to the agreement at a meeting held with employees on 12 February 2002, where a draft agreement was circulated.

PN5

Another meeting held with employees on 7 March 2002 where a copy of the agreement was provided and notice of voting circulated. And on 12 March a revised agreement incorporating the ANF and amending the term of the agreement - at least 14 days before any approval was given, the proposed agreement was readily available and accessible to every employee whose employment will be subject to the agreement. Discussions also took place with the union and employees had the opportunity to ask any questions. The agreement was discussed at these meetings with the employees. The employees were invited to ask further questions and encouraged to seek their own advice.

PN6

Further, there was co-operation with the union representing the employees. In summary, the agreement provides wage rates in excess of 9 per cent above those contained in the award, the availability of salary packaging and an option for additional annual leave. On balance, certificate of this agreement will not result in reduction of the overall terms and conditions of employment when tested against the Nurses (ANF - WA Private Hospitals and Nursing Homes) Award. The agreement contains a dispute settlement clause found at clause 9. The nominal expiry date of the agreement is 1 October 2003. It is my understanding that the necessary statutory declarations have been filed by all parties and we are seeking certification with effect from today's date. May it please the Commission.

PN7

THE DEPUTY PRESIDENT: Thanks. Just before you sit down, Ms Dorizza, clause 9(1)(c) refers to referral and resolution of disputes. It says:

PN8

May refer the problem to the Australian Industrial Relations Commission or - - -

PN9

MS DORIZZA: Obviously it should be Relations Commission.

PN10

THE DEPUTY PRESIDENT: It doesn't actually have the word "Relations" in there but an Australian Industrial Commission or to an agreed third party, for the purposes of conciliation, and if required, adjudication. What does that mean?

PN11

MS DORIZZA: Adjudication in this matter would be deemed to include arbitration. Or the intent is that it is arbitration.

PN12

THE DEPUTY PRESIDENT: So, are you saying that this agreement allows arbitration even if one party objects?

PN13

MS DORIZZA: That is right. Jointly or individually.

PN14

THE DEPUTY PRESIDENT: So, in effect, compulsory arbitration?

PN15

MS DORIZZA: That is correct.

PN16

THE DEPUTY PRESIDENT: Okay, thank you. Mr Fergus?

PN17

MR FERGUS: Thank you, Mr Deputy President. I have nothing further to add to the applicant's comments other than to commend the agreement for certification.

PN18

THE DEPUTY PRESIDENT: Okay, thank you. Well, I congratulate the parties on their paperwork for a start and the agreement itself. I am satisfied the agreement complies and the processes in leading up to it and then to today, with the procedures required. Therefore, pursuant to Division 4 of Part VIB I will certify the agreement to take effect on or from today's date and the paperwork will flow in due course. Thank you.

ADJOURNED INDEFINITELY [2.10pm]

PN19