AG2002/2666, Transcript of Proceedings [2002] AIRCTrans 2277 (21 June 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT04355

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2002/2666

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Visy Industrial Textiles and Others for
certification of Visypak Industrial
Textiles Enterprise Agreement 2003

MELBOURNE

9.10 AM, THURSDAY, 6 JUNE 2002

Continued from 3.6.02

PN18

MR T. HALLS: I appear for the Australian Industry Group on behalf of Visy Textiles Pty Limited.

PN19

THE SENIOR DEPUTY PRESIDENT: I have received correspondence from the National Union of Workers indicating that they are unable to attend the resumed hearing this morning, but they support certification. Mr Halls.

PN20

MR HALLS: Thank you, your Honour. Your Honour, I understand that these proceedings are resuming from a previous hearing and I would seek to pick up where we left off, as opposed to submitting the entire matter again.

PN21

THE SENIOR DEPUTY PRESIDENT: Certainly.

PN22

MR HALLS: I understand the terms of the agreement were reached between the company, the AMWU and the NUW on behalf of employees covered by the Rubber, Plastic and Cable-making Industry Award 1998, the Metal, Engineering and Associated Industries Award 1998 and the Graphic Arts General Interim Award 1995. I understand the matter was previously adjourned to clarify the status of the Graphic Arts General Interim Award 1995 as at 1/1/2000.

PN23

Now, I understand it has been clarified that that award was still operative then prior to the Graphic Arts General Award 2000 coming into play. The parties have prepared statutory declarations which are believed to meet all of the requirements of the Act, regulations and rules of the Commission. We further submit that all of the requirements of section 170LJ and section 170LT have been met, specifically that the agreement we submit does not disadvantage any of the employees for which it covers.

PN24

A valid majority of the employees genuinely approved the agreement on 7 May 2002. 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 it. A dispute settlement procedure resides at clause 22 of the agreement. The period of operation of the agreement is set out in clause 6 where it is stated that the agreement will expire on 31 March 2003. Subject to any further queries or concerns the Commission may have, we seek for the agreement to be certified in the terms sought.

PN25

THE SENIOR DEPUTY PRESIDENT: Yes, I will just adjourn into conference.

OFF THE RECORD

PN26

THE SENIOR DEPUTY PRESIDENT: Well, having regard to the material contained on the file in this matter and also the submissions put to me, I am satisfied I should certify the agreement known as the Visypak Industrial Textiles Enterprise Agreement 2002. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations. The certification of the agreement will come into force from today's date and remain in force until 31 March 2003. I will now adjourn.

ADJOURNED INDEFINITELY [9.17am]