AG2002/2963, Transcript of Proceedings [2002] AIRCTrans 2582 (11 July 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N VT04637

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2002/2963

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Patrick Autocare Pty Ltd and Others
for certification of the Patrick Autocare
Certified Agreement (Victoria) 2001

MELBOURNE

10.42 AM, MONDAY, 24 JUNE 2002

PN1

MS J. TISDALE: I appear for the Transport Workers Union.

PN2

MR B. HARTSHORN: I appear for Patrick Autocare Pty Ltd.

PN3

THE COMMISSIONER: Ms Tisdale?

PN4

MS TISDALE: Thank you, Commissioner. This is an application made under division 4 part 2(6)(b) of the Workplace Relations Act for certification of an agreement made under section 170LJ. All of the requirements of the Act, Regulations and Rules of the Commission have been met in the making of this agreement. And it was filed in time. The agreement meets the requirements of section 170LT of the Act in that it passes the no disadvantage test.

PN5

It was genuinely approved by a valid majority of relevant employees and the terms of the agreement were appropriately explained to those employees prior to a vote. The agreement contains a dispute settlement procedure at clause 16 and a nominal expiry date of 30 September 2004, at clause 5. The agreement is underpinned by the Transport Workers Award 1998 and there are no reductions in award conditions. Therefore we submit the agreement meets the requirements of the Act and seek its certification from today's date.

PN6

THE COMMISSIONER: Yes. Thanks, Ms Tisdale. Mr Hartshorn?

PN7

MR HARTSHORN: Yes. It is as Ms Tisdale describes it. But we were going to have the wages section and the redundancy letter, which is attached - we would ask that they be filed with the Commission rather than appear with the document. And - - -

PN8

THE COMMISSIONER: What is the redundancy policy? Is that listed as a clause or as a attached letter?

PN9

MR HARTSHORN: There is a letter at the back, redundancy policy.

PN10

THE COMMISSIONER: Yes. Which name - which has got a series of names, as well.

PN11

MR HARTSHORN: Yes.

PN12

THE COMMISSIONER: Yes.

PN13

MR HARTSHORN: And we would ask for that, and also on page 13 of the document which is the attachment 1, which is the wage rates, we would ask they be included with that letter and filed with the Commission rather than appear with the document.

PN14

THE COMMISSIONER: What is your reason for that, Mr Hartshorn?

PN15

MR HARTSHORN: Well, just for privacy reasons, Commissioner.

PN16

THE COMMISSIONER: Privacy reasons. Yes. We can do that anyhow, without having to do that. I will seal the file.

PN17

MR HARTSHORN: Thank you.

PN18

THE COMMISSIONER: That will solve everyone's privacy reasons.

PN19

MR HARTSHORN: Okay.

PN20

THE COMMISSIONER: And I will seal the file when I make the order on the basis that it can only be released on application to this Commissioner.

PN21

MR HARTSHORN: Thank you. I appreciate that. And there was an error in that wage rate schedule, as far as the date is concerned, Commissioner.

PN22

THE COMMISSIONER: Yes.

PN23

MR HARTSHORN: It should read "1 October 2002".

PN24

THE COMMISSIONER: All right. Yes. I see that. We will amend that. My very efficient associate will undertake to do that for you and I will do it in pen on the copy. Do you agree with that, Ms Tisdale?

PN25

MS TISDALE: Yes. Thank you, Commissioner.

PN26

THE COMMISSIONER: Do you agree with the agreement being sealed?

PN27

MS TISDALE: Yes.

PN28

THE COMMISSIONER: Thank you.

PN29

MR HARTSHORN: Thank you, Commissioner.

PN30

THE COMMISSIONER: Mr Hartshorn. The Commission is satisfied that the matter before it meets the requirements of the Act and the rules of the Commission and to assist the parties and to deal with the privacy issues the Commission seals the file. Any applications to sight the file, for any reason, are to be referred to the Commission as constituted in this matter. We presently adjourn. Thank you, good morning.

PN31

MR HARTSHORN: Thank you.

ADJOURNED INDEFINITELY [10.45am]