AG2002/2275, Transcript of Proceedings [2002] AIRCTrans 2150 (12 June 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT04210

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

AG2002/2275

APPLICATION FOR VARIATION OF
CERTIFIED AGREEMENT

Application under section 170MD(2)
of the Act by Nestle Australia
Limited and Another re variation
of the Nestle Confectionary
(Framework) Enterprise Agreement
2001

MELBOURNE

10.33 AM, WEDNESDAY, 29 MAY 2002

PN1

MR T. HALLS: I appear for the Australian Industry Group on behalf of Nestle Australia Limited with MR G. FARY, Employee Relations Manager of Nestle Australia Limited.

PN2

MR T. HALE: I appear on behalf of the AMWU.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Halls.

PN4

MR HALLS: Thank you, your Honour. You have before you an application pursuant to section 170MD to vary an existing certified agreement. We have submitted the application in accordance with rule 53, along with a signed copy of the proposed variation, a letter of consent regarding the proposed variation from the AMWU and also a statutory declaration regarding the matter. We ultimately seek to vary the agreement by including additional provisions to appendix 4 - rather, attachment 4 of the agreement which pertains to the Maryborough site.

PN5

This has resulted from the closure of that site. The proposed variation has been dealt with by a conciliation previously before your Honour and the variation sought is the final agreed document between the parties. Subject to any particular questions or concerns the Commission may have regarding the variation we would seek for the agreement to be varied in the terms sought.

PN6

THE SENIOR DEPUTY PRESIDENT: So what is actually sought is that the document that is appended to the application will become an addition to attachment 4 or in lieu of attachment 4?

PN7

MR HALLS: An addition to attachment 4, your Honour.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you. Mr Hale.

PN9

MR HALE: Yes, your Honour. Attached to the paperwork that was lodged in the Commission is the statement made by Craig Johnston setting out that the union consents to the application by Nestle Australia Limited. That followed the meetings with the members in relation to the matter, where they endorsed this settlement of the dispute in relation to the closure of the Maryborough plant. We would similarly seek that the Commission make the variation as sought.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you. Well, I have considered the material that has been filed in support of the application and what has been said this morning and I am satisfied that the requirements for the making of an appropriate order under section 170MD of the Act are there and an order approving the variation will be issued as soon as possible and forwarded to the parties. The matter is adjourned on that basis and the Commission itself is adjourned.

ADJOURNED INDEFINITELY [10.37am]