AG2002/3002, Transcript of Proceedings [2002] AIRCTrans 2725 (18 July 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT04831

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2002/3002

APPLICATION TO TERMINATE AGREEMENT
(VALID MAJORITY)

Application under section 170MG of the
Act by The Timber Merchants' Association
(Victoria) and Another to terminate the
Dahlsens Building Centres Pty Ltd
Enterprise Agreement 1999

MELBOURNE

10.54 AM, WEDNESDAY, 3 JULY 2002

PN1

MS E. WATT: From the Timber Merchants' Association. I appear on behalf of the applicant in this matter, Dahlsens Building Centres Pty Ltd.

PN2

MS C. BURFORD: I appear on behalf of the CFMEU.

PN3

MS WATT: Thank you. This is an application under section 170MG of the Workplace Relations Act for approval of termination of a certified agreement. The application is made after a valid majority of employees, whose employment was subject to the agreement, voted to terminate the agreement. The application was made and accompanied by a statutory declaration. I believe that the Commission has the material before it. A statutory declaration from Dahlsens Building Centres - Kevin Hare - about the process of the vote.

PN4

The vote came about as a result of several months enterprise bargaining negotiations and both the employer and the employees and the union were not particularly happy with progress of the enterprise bargaining negotiations, and after consultation with the employees, it was decided to put it to a vote that the certified agreement that had passed its nominal expiry date would be terminated. And the terms and conditions of employment of the employees would revert to the Timber and Allied Industries Award with maintenance of over-award payments and certification of a separate agreement for over-award redundancy payments.

PN5

The vote to terminate the certified agreement was conducted between the dates, 31 May 2002 and 3 June 2001 inclusive. And the vote was, either by a show of hands, or a secret ballot, depending on the wishes of the people who were voting at the particular sites involved. The vote, in the end - there is a summary of results for attachment B to the statutory declaration. The vote, in the end, was 157 people voting in favour of terminating the enterprise bargaining agreement. 33 people voted against and 10 abstained.

PN6

And voting tally forms are accompanied with the statutory declaration. As required by rule 55 there is also a written statement that accompanied the application signed by both the employer and the union, both - the parties to the enterprise agreement agreeing to the termination of the agreement under section 170MG of the Act. Unless the Commission has any questions, thank you.

PN7

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Burford?

PN8

MS BURFORD: Thank you, Commissioner, I concur with Ms Watts' submission. I really don't have anything further to add.

PN9

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN10

MS BURFORD: Thank you.

PN11

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 terminate the agreement known as the Dahlsens Building Centres Pty Ltd Enterprise Bargaining Agreement 1999. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations. The termination of the agreement will come into force from today's date.

ADJOURNED INDEFINITELY [10.55am]