AG2002/2658, Transcript of Proceedings [2002] AIRCTrans 2088 (11 June 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT04185

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2002/2658

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Victorian Channels Authority for certification
of the Victorian Channels Authority Enterprise
Agreement 2002

MELBOURNE

9.35 AM, MONDAY, 27 MAY 2002

PN1

MS A. WRIGHT: I appear on behalf of the Victorian Channels Authority.

PN2

MR S. GROVES: I appear on behalf of the Australian Maritime Officers Union.

PN3

THE DEPUTY PRESIDENT: Yes, Ms Wright.

PN4

MS WRIGHT: Deputy President, this is an application made under Division 2 of Part VIB of the Workplace Relations Act for certification of an agreement made in accordance with 170LJ. The terms of the agreement were reached between the company and the Australian Maritime Officers Union on behalf of employees covered by the Ports of Victoria Consolidated Administration Award 1998. The parties have prepared statutory declarations which we believe meet all of the requirements of the Act, regulations and rules of the Commission.

PN5

We further submit that all the requirements of section 170LJ and 170LT have been met; namely, the agreement, we submit, does not disadvantage the employees covered by it. A valid majority of employees genuinely approved the agreement on 19 April. Access to the agreement and an explanation of the terms of the agreement occurred in accordance with the requirements of section 170LR and was appropriate, having regard to the particular circumstances of the employees covered by the agreement.

PN6

The agreement contains a dispute settlement procedure at clause 29 and the period of operation of the agreement is set out in clause 7.1, where it is stated the agreement will expire on 6 February 2004. Subject to any questions of the Commissions we, therefore, request that the Commission certify the agreement in the terms sought.

PN7

THE DEPUTY PRESIDENT: Thanks, Ms Wright. Yes, Mr Groves.

PN8

MR GROVES: Thank you, your Honour. In supporting my colleague in her submission to this I would just simply like to inform your Honour that this agreement in fact replaces and updates, if you like, the previous enterprise agreement between the parties. That was the Victorian Channels Authority Enterprise Agreement dated 1999. The agreement in itself, really there is only a couple of changes to the previous agreement and they are that in this agreement the parties have agreed to establish a joint working - a joint review group which is to examine, and if appropriate, recommend a process of performance management throughout the Victorian Channels Authority.

PN9

In addition to that they have also recognised a course that the Victorian Government is currently conducting a review into port reform and if their decision was to in any way change the current arrangement, then there would obviously be the need to then come back and review the agreement in light of the government decisions, etcetera. There is a lot of speculation, your Honour, as to what may or may not happen, so we are very conscious of the fact that although we are entering into this agreement for two years the government may make decisions which necessitates some changes to it.

PN10

Of course, in any agreement from a union perspective we look for some salary increases and in this case this agreement provides the employees with a four per cent annual increase in their salaries. As my colleague said, the agreement contains the necessary requirements of the Act, including that of a dispute settlement clause and reference to the employees' valid majority vote and those 44 employees there and they voted on 19 April to accept the agreement.

PN11

I may add, in addition to my statutory declaration, your Honour, the Victorian Channels Authority is a very close knit work group with management and basically all the negotiations were done around the table with as many employees that wanted to come in and sit in on the negotiations and those that didn't come in, of course, were provided with updates and copies of the draft agreements until we got to the final agreement, and that was done in accordance with the Act in any case. So everyone is very much aware of the agreement and the fact that it is basically an update of the previous agreement in any case.

PN12

So we don't believe there is anything within the agreement which would cause any undue concern to the employees. The operative date, of course, is that we say from today's date if your Honour formally certifies it, through to 7 February 2004 it should be I think. I have written myself a note of 2002.

PN13

THE DEPUTY PRESIDENT: I think the date I have is 6 February 2004.

PN14

MR GROVES: Yes, 6 February, sorry, your Honour, it is. And, as I said before, my stat dec I believe I have answered the required questions and provisions of the Act. Unless your Honour has got a specific question I would rely on my stat dec and ask that you certify the agreement.

PN15

THE DEPUTY PRESIDENT: Thanks, Mr Groves. No, I don't have any questions, all of the documentation we have gone through and is in order. Thank you for your submissions. I can indicate to both of you that the agreement will be certified with effect from today's date and will remain in force until 6 February 2004. On that basis I will adjourn these proceedings. Thank you.

ADJOURNED INDEFINITELY [9.41am]