AG2001/8004, Transcript of Proceedings [2002] AIRCTrans 181 (8 January 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

AG2001/8004

APPLICATION FOR CERTIFICATION OF
AGREEMENT

Application pursuant to section 170LJ of the
Act by Qantas Airways Limited and Others for
certification of the Licensed Aircraft Engineers
(Qantas Airways Limited) Enterprise Agreement V

SYDNEY

10.11 AM, FRIDAY, 21 DECEMBER 2001

Adjourned sine die

PN1

THE COMMISSIONER: Could I have the appearances, please?

PN2

MR D. MILLS: I appear on behalf of Qantas Airways Limited.

PN3

MR G. NORRIS: I appear on behalf of the Australian Licensed Aircraft Engineers Association.

PN4

THE COMMISSIONER: Yes, Mr Mills?

PN5

MR MILLS: This is an application made by Qantas Airways Limited for certification of an enterprise agreement under section 170LJ division 2 part VIB of the Workplace Relations Act. I'd like to make a couple of comments about the agreement before I allow Mr Norris to put forward his submissions. I'd like to very quickly thank the Commission for the speed in which they have been prepared to hear this matter.

PN6

This is an agreement that has been struck between the company and the Australian Licensed Aircraft Engineers on behalf of its members and employees of the company who are capable of being covered by the agreement through the scope and application clause. The document was distributed to all employees on or around 26 November 2001. Both parties, that's the Licensed Aircraft Engineers Association and the company undertook briefing sections and provided information that explained the document to all eligible employees.

PN7

A vote was taken on Tuesday and Wednesday of this week, that would be the 18th and 19 December and that was clearly well in excess of the 14 day period. So employees had the document for in or around 21 days which gave them plenty of time to ask questions to consider the information and to make a valid judgment themselves in the voting process. In relation to the vote, there's a clear majority of employees who voted, 1203 employees voted and 823 of those voted for and 380 voted against the agreement.

PN8

I understand the Commission has received the statutory declarations on behalf of both the company and the Association?

PN9

THE COMMISSIONER: Yes, I have.

PN10

MR MILLS: The company would like to make some very quick points further to the agreement and that is that there is a duration clause at clause 3. It shows that the agreement shall operate for 18 months. It does commence as at 1 July 2001 so there is an issue of retrospectivity that the parties are comfortable with and it expires on 30 December 2002. There is a disputes resolution procedure that I think you'll find is at clause 16. It's one that has been consistently applied in other enterprise agreements between the company and this organisation.

PN11

Finally, Commissioner, we'd like to say that we appreciate the efforts of the Australian Licensed Aircraft Engineers Association. As everyone is well aware, this is not a particularly easy time for the airline industry. The ALAEA and the company have sought to reach an agreement that provides people with certainty, that maintains reasonable wage levels and will ensure that both parties have a mutually satisfactory outcome and be able to get back to the bargaining table towards the end of next year. We say that the Commission has the power to certify this agreement and we'd suggest it be done so.

PN12

THE COMMISSIONER: Yes, thank you, Mr Mills. Yes, Mr Norris?

PN13

MR NORRIS: Commissioner, I concur with Mr Mills' submission. Just for the purposes of the no disadvantage test, the comparative award is the Licensed Aircraft Engineers (Qantas Airways Limited) Consolidated Award 1994. We are of the view that this agreement in all aspects meets the no disadvantage test. We can confirm that the ALAEA was party to briefing sessions with all our members in the various ports throughout Australia and the agreement was circulated to our members through the 14 day period and the ballot that was conducted was conducted by ALAEA reps throughout Australia in the manner of a secret ballot. The figures that Mr Mills has quoted are the figures that have come from the count of that secret ballot. We'd commend the agreement to the Commission for certification.

PN14

THE COMMISSIONER: Yes, thank you. This is an application to have certified an agreement that is to be known as the Licensed Aircraft Engineers (Qantas Airways Limited) Enterprise Agreement V. The parties to the agreement are the ALAEA and Qantas for short. On the basis of the submissions and the documentation, the Commission is satisfied that the relevant requirements of the act and that the rules of the Commission have been met. Consequently the agreement will be certified. It will come into force from 21 December 2001, although the Commission notes that by agreement there is an actual operation of this instrument from 1 July of this year and the agreement will expire on 30 December 2002.

PN15

On that basis, these proceedings are now adjourned.

ADJOURNED INDEFINITELY [10.18am]