AG2002/2222, Transcript of Proceedings [2002] AIRCTrans 1928 (31 May 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

AG2002/2222

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by HCF of Australia Limited
for certification of the Hospitals Contributions Fund of Australia Certified Agreement (Hospitals Contribution Fund of Australia Limited)

SYDNEY

10.36 AM, WEDNESDAY, 15 MAY 2002

Adjourned sine die

PN1

THE COMMISSIONER: Can I have the appearances, please?

PN2

MR W. SPANNER: Spanner, for HCF. With me I have Ms J. Mallon, Human Resources Manager at HCF.

PN3

THE COMMISSIONER: What do you wish to say about the agreement?

PN4

MR SPANNER: I might just bring your attention to the following matter on the list as well which is matter number 2223. That agreement is associated with this one as well but I will just take you to some of the - this is the application effectively for certification under division 2 of part 6b. You should have the copy of the certified agreement and also the statutory declaration by Ms Mallon on file.

PN5

THE COMMISSIONER: Yes.

PN6

MR SPANNER: In relation to some brief features of this agreement. At the date the agreement was made it was applied to about 287 employees all of which were employed by the Hospitals Contribution Fund. There were six employees which were employed by the HCF Life Insurance Company which is the second matter on the list today.

PN7

THE COMMISSIONER: We will have to deal with that separately and I appreciate you - we will take it as read, some of your comments but we will just deal with this one at the moment.

PN8

MR SPANNER: The proposed agreement seeks to replace an agreement of the same name between the same parties that were certified before Deputy President Duncan on 22 June 2000 in which term expired on 22 April 2002. The proposed agreement, again, seeks to maintain the enterprise focus initiated in 2000 and has a nominal expiry date of 30 June 2004. It is the fourth enterprise agreement at HCF. The proposed agreement makes incremental changes to the 2000 agreement and the format in numbering is essentially the same.

PN9

The agreement provides for three salary increases during its term, totalling no less than 8.6 per cent under a streamlined salary scale and continues a range of benefits introduced in the 2000 agreement. There is a proposal for a 4 per cent increase on certification back dated to 23 April 2002. In terms of the procedural requirements for certification, we rely upon the statutory declaration of Ms Joanna Mallon. Subject to your wishes, do you wish me to take you through some of the salient parts?

PN10

THE COMMISSIONER: No, it is not necessary unless you wish to. I have studied it myself.

PN11

MR SPANNER: I would just note in terms of part 4, that statutory declaration, that the Australian Service Union has notified HCF that it wishes to be bound by the agreement. They were notified of today's - - -

PN12

THE COMMISSIONER: They were or were not?

PN13

MR SPANNER: I notified them. We notified them yesterday of today's certification proceedings. I note there is no-one present but they have in writing sought to be bound by the agreement. Part 5 of the statutory declaration deals with the extensive consultation process and a ballot was conducted externally by Ernst & Young between 26 March and 8 April and there was a 72.55 per cent support in aggregate out of approximately 88 per cent who voted. A notice of intention to make the agreement was sent on 8 March, more than 14 days before the vote and we submit that the requirements of section 170LK are complied with.

PN14

The relevant award is the Clerical and Administrative Employees Health Insurance Industry Award 2001 and in support of the declaration regarding the notice advantage test I draw your attention to the relevant provisions in 6.3 and 6.4 of the statutory declaration. There was also a table which showed a comparative analysis between the award, the existing CA and the proposed new CA which was provided to all staff.

PN15

THE COMMISSIONER: Yes, I saw that. It is very good.

PN16

MR SPANNER: On that basis I would suggest that the remaining requirements in section 170LT have been complied with for procedure for solving disputes and also nominal expiry date is provided for and I submit that the Commission should certify the agreement under section 170LU.

PN17

THE COMMISSIONER: Did you say the ASU or the FSU?

PN18

MR SPANNER: The ASU.

PN19

THE COMMISSIONER: Do you accept that the ASU have a member, at least amongst the 270?

PN20

MR SPANNER: Yes, we do.

PN21

THE COMMISSIONER: Do you say that they should now be made a party to the agreement as well, do you?

PN22

MR SPANNER: We have no objection to them being bound subject to the Commission being satisfied.

PN23

THE COMMISSIONER: The only difficulty we have, there has been no notification to the Commission, has there?

PN24

MR SPANNER: There was, sometime before we filed to the Commission, after it had gone to vote and so you would not have had a matter or file number to, in fact I suppose, allocate the notification that the Commission might have received it and it might have got lost in the process. I have a copy of that letter that was sent to the Commission if I could hand it up.

PN25

THE COMMISSIONER: Yes, that would be helpful. Yes, we had it on the other file. Is that a letter of 27 March?

PN26

MR SPANNER: Yes, that is correct.

PN27

THE COMMISSIONER: Yes, thank you. Just for the record, I will mark that document exhibit HCF1.

EXHIBIT #HCF1 LETTER FROM ASU DATED 27 MARCH

PN28

Thank you, Mr Spanner. This is an application to have certified an agreement that is to be known as the Hospital Contributions Fund of Australia Limited Certified Agreement. The parties to the agreement are HCF of Australia Limited, its employees covered by the agreement and the Australian Services Union. On the basis of the submissions and the documentation, the Commission is satisfied that the relevant requirements of the Act and of the rules of the Commission have been met. Consequently, the agreement will be certified. It will come into force from 15 May 2002 and will remain in force until 30 June 2004. On that basis these proceedings are now adjourned.

ADJOURNED INDEFINITELY [10.46am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #HCF1 LETTER FROM ASU DATED 27 MARCH PN28