AG2002/2252, Transcript of Proceedings [2002] AIRCTrans 2143 (12 June 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

AG2002/2252

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by ADI Limited and Others for certification
of the ADI Services Garden Island Enterprise
Agreement 2002

SYDNEY

12.29 PM, WEDNESDAY, 29 MAY 2002

PN1

THE SENIOR DEPUTY PRESIDENT: Yes, can I have the appearances in this matter please.

PN2

MR P. LEAVER: If the Commission pleases, I appear for ADI and with me is MS M. HOCKING, MR G. RICHARDSON and MR M. PRATLEY, also from ADI.

PN3

MR I. MORRISON: If the Commission pleases, I appear on behalf of the Australian Manufacturing Workers Union in this matter.

PN4

MR D. BOURNE: If the Commission pleases, I appear on behalf of the Association of Professional Engineers, Scientists and Managers Australia.

PN5

MR A. CASEY: Your Honour, I am from the National Union of Workers.

PN6

MS N. KERR: Your Honour, I appear on behalf of the CEPU Plumbing Division and I seek leave to intervene on behalf of the CEPU Electrical Division.

PN7

MS S. SULLIVAN: If your Honour pleases, I am from the CFMEU and seeking leave to intervene in the agreement under section 43(2)(a) of the Workplace Relations Act.

PN8

THE SENIOR DEPUTY PRESIDENT: What does anybody say about the applications for leave to intervene.

PN9

MR LEAVER: Your Honour, on both the applications to intervene the CEPU one is slightly more complicated and the company would oppose those interventions. This agreement is to be certified under section 170LJ not LK of the Act and under section 43(2) the Commission must not grant leave to intervene unless it is proposed that the party be bound by the agreement. At the present time I'm not too sure where the CFMEU sits itself if it wishes to be party and certainly the CEPU electrical division we've had no discussion as to where they stand in relation to whether they wish to become parties to the agreement or oppose it outright.

PN10

Your Honour, before we move on on that matter it might be an easier course of action if we break into conference briefly so that the parties can find out their various positions.

PN11

THE SENIOR DEPUTY PRESIDENT: It might be a desirable course, Mr Leaver, but thank you, yes. We will adjourn into a private conference shortly and air the issues.

OFF THE RECORD [12.32pm]

RESUMES [12.46pm]

PN12

THE SENIOR DEPUTY PRESIDENT: These proceedings are resumed and during the conference its appeared that there is what I can at least describe as a technical defect in the procedures which need to be followed in order for the agreement to be certified. The parties will take that matter on board and following some negotiations it is likely that the agreement will be resubmitted for a vote in accordance with the Act. I've also indicated to the parties that if my assistance is required to deal with the apparently outstanding matter I will endeavour to make some time available at their request. We will adjourn on that basis.

ADJOURNED INDEFINITELY [12.47pm]