AG2002/2114, Transcript of Proceedings [2002] AIRCTrans 1863 (28 May 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT03977

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2002/2114

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LS of the Act
by Automotive, Food, Metals, Engineering, Printing
and Kindred Industries Union - Printing Division
Victorian Region and Another for certification of
the P & T Weldings (Vic) Pty Ltd Certified Agreement
2000/2003

MELBOURNE

10.37 AM, MONDAY, 13 MAY 2002

PN1

MS R. JASTRZEBSKI: I appear for the Australian Manufacturing Workers Union.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes. No appearance by the employer. Ms Jastrzebski.

PN3

MS JASTRZEBSKI: If the Commission pleases. This is an application made under Division 3 Section 170LS of the Workplace Relations Act. The agreement is P & T Weldings (Victoria) Proprietary Limited and the AMWU. The agreement was made to prevent an industrial situation from giving rise to an industrial dispute. The agreement is underpinned by a relevant award; the National Metal and Engineering On-site Construction Industry Award. The agreement contains provisions for the settlement and prevention of disputes. It has a nominal expiry date of 31 March 2003, and the agreement was approved by a valid majority of employees on 3 December 2001.

PN4

We were not able to lodge the application until 15 April because the company did not return its statutory declaration on time for us to have a full set of documents. The company has prepared a statutory declaration explaining that they were not aware of their administrative obligations, and also that the workforce has remained stable - the same people are working there - and also that they are still in support of the agreement, and the additional stat dec was lodged with the application, Commissioner. So, the company requests, as the union does, that the Commission use its powers, in accordance with section 111(1)(r) of the Act and grant an extension of time. Aside from the late lodgement, we believe the requirements of the Act have been met.

PN5

THE SENIOR DEPUTY PRESIDENT: Clause 20, Ms Jastrzebski, is that only to operate with the authority of the relevant employee?

PN6

MS JASTRZEBSKI: That is right Commissioner - your Honour.

PN7

THE SENIOR DEPUTY PRESIDENT: And could you explain to me the operation of clause 22, Unemployment?

PN8

MS JASTRZEBSKI: It is a list of unemployed members. Companies are able to access appropriate skilled tradespeople from that list by contacting the union, and it is, I suppose, an employment service of sorts, Commissioner.

PN9

THE SENIOR DEPUTY PRESIDENT: Right. Is there any requirement on the company to employ from the list?

PN10

MS JASTRZEBSKI: No, they are just able to see people who are suitably qualified for the role.

PN11

THE SENIOR DEPUTY PRESIDENT: Right. So, it provides a list of those they can interview if they wish?

PN12

MS JASTRZEBSKI: That is right.

PN13

THE SENIOR DEPUTY PRESIDENT: Well, having regard to the material contained on the file in this matter and also the submissions put to me, I am satisfied that I should grant the necessary extension of time for the lodgement of the application in this matter. I am also satisfied I should certify the agreement known as the P & T Weldings (Vic) Pty Ltd Certified Agreement 2000/2003. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations. The certification of the agreement will come into force from today's date and remain in force until 31 March in the year 2003.

ADJOURNED INDEFINITELY [10.41am]