AG2001/5384, Transcript of Proceedings [2002] AIRCTrans 1994 (4 June 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SIMMONDS

AG2001/5384

APPLICATION FOR VARIATION OF
CERTIFIED AGREEMENT

Application under section 170MD(2) of the Act
by Australasian Meat Industry Employees Union
for the approval of variation of certified agreement

ADELAIDE

9.55 AM, WEDNESDAY, 26 SEPTEMBER 2001

PN1

THE COMMISSIONER: Could I have the appearances, please?

PN2

MR A. WEINMAN: I appear for the AMIEU.

PN3

THE COMMISSIONER: Thank you, Mr Weinman, and there is no appearance from the employer but that is not unusual in these matters.

PN4

MR WEINMAN: We were not anticipating seeing anyone here.

PN5

THE COMMISSIONER: Yes, Mr Weinman?

PN6

MR WEINMAN: Sir, I might point out I'm here on very short notice. My instructions are that this a variation by agreement. I've got a copy of the stat dec from Lambsgreen in front of me here. I don't know whether you have got that yet.

PN7

THE COMMISSIONER: It is on the file with the application.

PN8

MR WEINMAN: You do have that?

PN9

THE COMMISSIONER: The originals, not that there's a facsimile and that is - - -

PN10

MR WEINMAN: Yes. I'm not experienced in dealing with these kinds of matters so I was just wondering whether I might be able to get some directions on what needs to be achieved today.

PN11

THE COMMISSIONER: Well, you rely on the statutory declaration to support the application to amend the matter?

PN12

MR WEINMAN: Yes, we do.

PN13

THE COMMISSIONER: That is all you need to say.

PN14

MR WEINMAN: Thank you.

PN15

THE COMMISSIONER: This matter is an application by Lambsgreen Proprietary Limited and the Australian Meat Industries Employment Union - I'm sorry I will correct that. This matter is an application by the Australasian Meat Industries Employees Union for approval under section 170MD(2) of the Act for a variation of the Lambsgreen Proprietary Limited and Australian Meat Industries Employees Union South Australian Branch Meat Processing Agreement 2000. The particular amendment to the agreement is set out in schedule A to the application and it provides for the insertion of a new classification into clause 3.1.1 of the agreement.

PN16

That classification is a classification of afternoon cleaners with a weekly rate of $505.72 and an hourly rate of $13.31. It also provides for the insertion of a new subclause at 3.1.5 which will provide that afternoon cleaners shall be paid overtime for any time worked beyond 10 pm. It provides deletion in clause 6.3 in respect of waiting time of the words that are contained in the brackets and inserting in lieu thereof some other words and inserting in classification 1 of clause 3.1.1, opposite the heading of: sawyer which currently only has dollar signs opposite it, the rates of $560.50 for a weekly rate and hourly rates of $14.75. Both parties to the agreement have provided statutory declarations that they have agreed to the amendment and the only matter that I need to be advised about Mr Weinman is whether there's a valid majority of the employees that have agreed to the agreement. That matter isn't dealt with in the statutory declarations. Section 170MD(3) provides:

PN17

The Commission must by order, approve the variation if, and must not approve the variation unless it is satisfied that a valid majority of the employees whose employment is subject to the agreement at the time, genuinely approve the variation.

PN18

MR WEINMAN: Sir, can you give me a minute or so to refer to my notes?

PN19

THE COMMISSIONER: Yes, certainly.

PN20

MR WEINMAN: Sir, I have got in front of me a copy of a form R28 that I've pulled out the file that relates to DVA for this business. I'm not sure that it relates - - -

PN21

THE COMMISSIONER: No, it almost certainly does not because you are varying the agreement to which it relates - - -

PN22

MR WEINMAN: Okay.

PN23

THE COMMISSIONER: - - - and why you need a statutory declaration that says that the majority of the people have - a valid majority approve of the variation.

PN24

MR WEINMAN: Sorry, I can't provide an assurance that a previous - - -

PN25

THE COMMISSIONER: Well, in that case, the issue is whether or not a valid majority of employees do agree to it. Rather than start the whole proceeding again - I mean rather than dismiss this proceeding and require to start it all again, Mr Weinman, I propose to - I am satisfied, save and except for that issue of the valid majority, that there is agreement between the parties to the variation of the agreement and that in other respects it would be appropriate to certify - and I indicate that I would be prepared to certify it provided that within 14 days I receive a statutory declaration from a responsible officer of the AMIEU and from the Company indicating that a vote of the employees affected by the agreement, that is the employees covered by the agreement, has been taken and that a valid majority have approved the variation that is set out in schedule 8 in the application.

PN26

if that is received within 14 days by my associate, that is if both those statutory declarations are received within 14 days by my associate, I will certify the variation to the agreement. Otherwise, if it is not received, I will dismiss the application. Is that clear enough for you?

PN27

MR WEINMAN: Yes sir.

PN28

THE COMMISSIONER: Very well, the proceedings in this matter are adjourned, thank you.

ADJOURNED INDEFINITELY [10.05am]