AG2002/3041, Transcript of Proceedings [2002] AIRCTrans 2862 (26 July 2002)

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TRANSCRIPT OF PROCEEDINGS

O/N 8603

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2002/3041
AG2002/3034

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by the Australian Maritime College for
certification of the Australian Maritime
College Enterprise Bargaining (General Staff)
Agreement 2002

APPLICATION TO TERMINATE AGREEMENT

Application under section 170MG of the Act
by the Australian Maritime College for
termination of the Australian Maritime
College Enterprise Bargaining (General Staff)
Agreement 2000

LAUNCESTON

11.45 AM, THURSDAY, 4 JULY 2002

PN1

MR B. WARREN: I appear for the Australian Maritime College and I have with me at the bar table MS K. GRANT who has just taken over as Manager, Human Resources at AMC.

PN2

MS S. COCKER: I appear for the CPSU.

PN3

THE DEPUTY PRESIDENT: Congratulations or commiserations or whichever is appropriate. Okay, who would like to speak to the agreement?

PN4

MR WARREN: Well, your Honour, as you say there are two applications before you this morning, the first is for the certification of an agreement under section 170LT of the Australian Maritime College Enterprise Bargaining (General Staff) Agreement 2002. The agreement is made between AMC and CPSU. Your Honour, it is our view that the submissions lodged or the documentations lodged with the application, the two statutory declarations, show that the requirements of section 170LT have been met.

PN5

I should also just point out though that since the application was lodged on 11 June 2002 Senior Deputy President Duncan handed down the Australian Maritime College General Staff Award 2002. It was AWU 816411, print 918790. However, we are of the view that the handing down of that award does not in any way affect the no disadvantage test.

PN6

THE DEPUTY PRESIDENT: That is as part of the award simplification exercise, was it?

PN7

MR WARREN: Of the HECS Award.

PN8

THE DEPUTY PRESIDENT: Yes.

PN9

MR WARREN: Your Honour, subject to any questions you might have, any submissions that Mr Cocker might make, we would seek that the Commission certify the agreement.

PN10

THE DEPUTY PRESIDENT: Thank you. I have been through the agreement and I have no questions that I was going to ask. Mr Cocker?

PN11

MR COCKER: If it please the Commission I concur with all of Mr Warren's statements. I have one request in relation to the award. Clause 33 sets out an unusual method for determining the third pay rise in this agreement. It is actually a formula based on the college's income performance, a reasonably complex formula and we believe that we have a good understanding of all that but I would like to place on record this particular document which is a set of overheads which were used when the model was explained to staff and sets out in detail how the calculations are made and what figures actually should be in it.

PN12

Should it ever come to pass that we need to seek assistance in determining what the pay rise should be those documents would be a prime exhibit and we would like to place them on the record.

PN13

THE DEPUTY PRESIDENT: And would provide assistance you are saying. All right. Look, I have no difficulty with that, I will mark it CPSU 1 and then it will form part of the file, just in case.

EXHIBIT #CPSU 1 DOCUMENT OF OVERHEADS

PN14

THE DEPUTY PRESIDENT: Okay. As I have indicated I have been through the agreement and I have no queries that I wish to raise with the parties. Accordingly, this is an application pursuant to section 170LJ of the Workplace Relations Act for certification of the Australian Maritime College Enterprise Bargaining (General Staff) Agreement 2002. The parties to the agreement are the college itself, all general staff employed and covered by the classifications therein, and the CPSU and members.

PN15

The parties have provided the necessary statutory declarations and I am satisfied have met the requirements of the Act. The agreement comes into effect from today and remains in force until 28 February 2005. Orders will issue in due course. That agreement is hereby certified.

AG2002/3034

APPLICATION TO TERMINATE AGREEMENT

Application under section 170MG of the Act
by the Australian Maritime College for
termination of the Australian Maritime
College Enterprise Bargaining (General Staff)
Agreement 2000

PN16

THE DEPUTY PRESIDENT: The second application is to set aside the agreement which it replaces; does anybody want to say anything particularly about this application? No.

PN17

All right. The Australian Maritime College Enterprise Bargaining (General Staff) Agreement 2000 will be set aside having now been replaced by the agreement previously certified. Thank you very much. This matter is adjourned.

ADJOURNED INDEFINITELY [11.50am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #CPSU 1 DOCUMENT OF OVERHEADS PN14