AG2002/143, Transcript of Proceedings [2002] AIRCTrans 2060 (6 June 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 2, 16 St George's Tce, PERTH WA 6000
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT McCARTHY

AG2002/143

APPLICATION FOR CERTIFICATION
OF AN AGREEMENT

Application under section 170LS of the Act
by United Firefighters' Union of Australia-
Western Australian Branch and Another for
certification of the Western Australian Fire
Service Certified Agreement 2002

PERTH

10.57 AM, FRIDAY, 24 MAY 2002

PN1

MR J. WALKER: I appear on behalf of the United Firefighter's Union and with me is Mr A.E. DREWETT, the Secretary of the Union.

PN2

MS G.L. HUSK: I appear on behalf of the Fire and Emergency Services Authority and with me is Mr E.A. BARLOW.

PN3

THE DEPUTY PRESIDENT: Thank you. Mr Walker?

PN4

MR WALKER: Thank you, Mr Deputy Commissioner.

PN5

THE DEPUTY PRESIDENT: Deputy "Commissioner"? Another title again.

PN6

MR WALKER: Sorry, Mr Deputy President. You are called a lot of things I suppose.

PN7

THE DEPUTY PRESIDENT: Many, many.

PN8

MR WALKER: Okay. I will start again. Mr Deputy Commissioner, this application - - -

PN9

THE DEPUTY PRESIDENT: You've said it again.

PN10

MR WALKER: Mr Deputy President. This application before you is a section 170LS application to certify an agreement under Division 3 of the Act. The agreement we seek to certify is further settlement of industrial dispute C50049 of 1993, between the union and the Fire and Emergency Services of Western Australia. This is the third agreement made in relation to this dispute. The agreement does not actually replace the other agreements but continues to settle disputes from the original dispute finding.

PN11

Sir, statutory declarations were filed with the application and setting out the requirements under the Act. The agreement was approved by a valid majority through a postal vote of employees. This was concluded on 13 May 2002. The application was filed within the 21 days and, sir, we thank your office for an early hearing of this matter because it does set the date for pay rise and the actual length of the agreement.

PN12

THE DEPUTY PRESIDENT: Our aim is to please.

PN13

MR WALKER: The agreement has a dispute settlement procedure in clause 15 and certainly the agreement has an expiry date as required by the Act, 24 months from the date of certification. So the agreement actually doesn't specify the date but it is described there as 24 months from - - -

PN14

THE DEPUTY PRESIDENT: That would be 24 May 2004, wouldn't it?

PN15

MR WALKER: It would, sir. Sir, unless you have any questions we would ask that an order be issued to certify the agreement from today's date.

PN16

THE DEPUTY PRESIDENT: I think it is fairly clear, Mr Walker. There is one item relatively minor but just for the point of precision clause 36.1, I think the reference to 29.2 should actually be 29.1.

PN17

MR WALKER: 36, was it?

PN18

THE DEPUTY PRESIDENT: 36: District Allowance. It has a cross-reference to the district allowance in the award. I think that the clause is actually 29.1 in the award.

PN19

MR WALKER: I think there are two points in the award and it was specifically that point 2 because - 1.2 because it only affected those - - -

PN20

THE DEPUTY PRESIDENT: Well, perhaps while I am hearing from the other party you might double-check that.

PN21

MR WALKER: Oh, here it is - yes.

PN22

THE DEPUTY PRESIDENT: Okay, you've found it.

PN23

MR WALKER: Yes. The agreement applies a further allowance and it is in exclusion to - sorry, it refers to the allowance in clause 29.2, District Allowance of the award which is - - -

PN24

THE DEPUTY PRESIDENT: Kalgoorlie related.

PN25

MR WALKER: $11.25 and the $16.75?

PN26

THE DEPUTY PRESIDENT: Yes.

PN27

MR WALKER: Those specific allowances and in respect to Kalgoorlie because that's one of those. Because that 29.2 is for Albany Bunbury Geraldton, Kalgoorlie and Northam. So it is actually referring to that sub-clause in respect to Kalgoorlie.

PN28

THE DEPUTY PRESIDENT: So you say it should stay as exactly that.

PN29

MR WALKER: Should stay, yes.

PN30

THE DEPUTY PRESIDENT: That is precise.

PN31

MR WALKER: We did the check to make sure all the references were applicable.

PN32

THE DEPUTY PRESIDENT: Terrific, okay. Well, I will leave it as it is now. Thank you, Mr Walker. Yes.

PN33

MS HUSK: Thank you, sir. The Fire and Emergency Service Authority agrees with all statements that have been made by the applicant and also seeks certification of this agreement. The agreement has been approved by a valid majority of employees and provides an improvement in their terms and conditions of employment. In addition, the agreement seeks to continue to build on the gains that have been made through the previous two agreements with respect to community safety initiatives. These initiatives bring our firefighters into closer contact with the community and assist the community gain a greater understanding of the hazards that exist and how to minimise them. The Fire and Emergency Services Authority would seek that the agreement be certified. Thank you.

PN34

THE DEPUTY PRESIDENT: Well, I will certify the agreement. The paperwork will flow in due course. I congratulate the parties on reaching the agreement. It is a section 170 LS and I take it from what you have both said, will assist in the prevention of disputation in the future and is in settlement of issues arising out of an industrial dispute. I won't outline in detail the reasons why I will certify it in terms of the requirements under the Act having all been met. But I will have a statement incorporated into the transcript that outlines my reasons for being satisfied that it meets the requirements of the Act:

PN35

This is an application to certify an agreement pursuant Section 170LS in Division 3 of Part VIB of the Workplace Relations Act 1996; the agreement this time to be known as the : Western Australian Fire Service Certified Agreement 2002. Having heard what each of the agents have said and more especially having read the statutory declarations of: Mr Anthony Edward Drewett - Secretary of United Firefighters Union of Australia, Mr Robert Mitchell - Chief Executive Officer of the Fire and Emergency Services Authority of Western Australia I am satisfied the relevant requirements of the Act, and rules of the Commission, have been met. Specifically, I am satisfied that the agreement has been entered into in the manner consistent with requirements of the Act; that employees have been given the relevant notice of the intention to enter into an agreement, or to make the agreement; and that the terms of the agreement were explained in an appropriate way to all the employees who are to be covered by it and the agreement has been approved by a valid majority of employees at the relevant time. The application has been lodged within a time period prescribed within the Act. I am also satisfied and find that the Fire and Emergency Services Authority of Western Australia is a single business to be covered by the agreement; that the agreement is a settlement from an industrial dispute and its terms arise out of that dispute and should prevent further disputes between the parties.

PN36

It is clear and I find that the agreement meets the No Disadvantage test as defined in the Act and, indeed, there is to be no reduction in the overall terms and conditions of employment specified in the awards which now cover employees covered by this agreement. The agreement contains the necessary dispute settlement procedure; and furthermore the agreement specifies a nominal date in accordance with the requirements of the Act.

PN37

The agreement also has no provisions in it that are inconsistent with Division 3 of Part VIA which would prevent me from certifying it.

PN38

And I therefore indicate to the parties that the agreement will be certified with effect from today's date, but to operate in accordance with its terms, and the agreement is to remain in force until 24 May 2004 as is specified in the document.

ADJOURNED INDEFINITELY [11.04am]