AG2002/2584, Transcript of Proceedings [2002] AIRCTrans 2041 (6 June 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

AG2002/2584

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by the Australian Licensed Aircraft Engineers
Association and Another for certification of
the Jobs Australia (Aircraft Maintenance and
Refurbishment) Avalon Site Agreement III
Variation - 2002

SYDNEY

9.37 AM, THURSDAY, 23 MAY 2002

Adjourned sine die

PN1

THE COMMISSIONER: Could I have the appearances, please?

PN2

MR G. NORRIS: Commissioner, I appear for the Australian Licensed Aircraft Engineers Association.

PN3

MR P. MELHUISH: If it please the Commission, I appear on behalf of Forstaff Australia Pty Limited.

PN4

THE COMMISSIONER: Thank you. Yes, Mr Norris.

PN5

MR NORRIS: Commissioner, the variation to the Jobs Australia (Aircraft Maintenance and Refurbishment) Avalon Site Agreement 2002 is made pursuant to clause 32C of the Jobs Australia (Aircraft Maintenance and Refurbishment) Avalon Site Agreement III of 2002-2003. The union has made an appropriate statutory declaration and we rely on that, Commissioner.

PN6

THE COMMISSIONER: Is this a replacement agreement or is it actually a variation to an existing agreement?

PN7

MR NORRIS: Commissioner, it is a variation to the Jobs Australia (Aircraft Maintenance and Refurbishment) Avalon Site Agreement III 2001-2003.

PN8

THE COMMISSIONER: What is its title, though?

PN9

MR NORRIS: Its title is Jobs Australia (Aircraft Maintenance and Refurbishment) Avalon Site Agreement III Variation, 2002.

PN10

THE COMMISSIONER: Yes, it is called Variation, you are right.

PN11

MR NORRIS: Commissioner, basically it reviews the pay structures and puts in place a new level structure which in the union's view meets the no disadvantage test and there are some new clauses which in effect the company and ourselves have agreed to insert into the agreement for the sake of clarity and remove the ambiguity with regard to workers compensation, accident make-up pay and sick leave, which attempt to head off any disputes over the interpretation of the agreement in the future.

PN12

THE COMMISSIONER: Thank you. Yes, Mr Melhuish.

PN13

MR MELHUISH: Commissioner, the company supports the submissions made by Mr Norris and we rely on the statutory declarations we have submitted, if the Commission pleases.

PN14

THE COMMISSIONER: Thank you. This is an application to certify an agreement which essentially is a variation to an existing agreement. The title to the proposed agreement is Jobs Australia (Aircraft Maintenance and Refurbishment) Avalon Site Agreement III Variation, 2002. The parties to the application and to the agreement are the Australian Licensed Aircraft Engineers Association and Forstaff Australia Pty Limited.

PN15

On the basis of the submissions and the documentation the Commission is satisfied that the relevant requirements of the Act and the rules of the Commission have been met, in particular that the provisions of section 170MD have been satisfied. Consequently the agreement will be certified, it will come into force from 1 July 2002 and remain in force until 30 June 2003. Is that how it is to be read, Mr Norris?

PN16

MR NORRIS: I believe it is 1 July 2001, Commissioner.

PN17

THE COMMISSIONER: Well, whatever arrangement you come to, I won't back date it, I will make it from 23 May 2002 and it will expire on 30 June 2003. On that basis these proceedings are adjourned. Thank you.

ADJOURNED INDEFINITELY [9.43am]