AG2002/3554, Transcript of Proceedings [2002] AIRCTrans 2895 (29 July 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

MUNRO J

AG2002/3554

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act for certification of Cargill Foods
Australia (Wagga Wagga), Maintenance
Enterprise Agreement 2002

SYDNEY

9.41 AM, MONDAY, 15 JULY 2002

PN1

HIS HONOUR: This matter, AG 3554 of 2002, is an application lodged on 28 June under section 170LJ of the Act seeking certification of an agreement to be known as the Cargill Foods Australia (Wagga Wagga) Maintenance Enterprise Agreement 2002. Could I have appearances please.

PN2

MR K. McKELL: If the Commission pleases, National Meat Association of Australia, appearing for the respondent and with me is

PN3

MR J. MICHEL, Human Resource Manager of the plant.

PN4

MR I. MORRISON: If it please the Commission, I appear on behalf of the Australian Manufacturing Workers Union in this matter.

PN5

HIS HONOUR: Yes, thank you. Gentlemen, the agreement is to apply at the Wagga Dampier Street Plant of the company. It applies to employees under the classification that is set out in clause 15(1) of the agreement and it excludes an employee who has accepted managerial responsibility other than persons appointed as leading hands who continue to be covered by the agreement. The agreement was approved on 11 June. It was lodged on 28 June, it's within the time limit. It ends bargaining periods BP202 matters 1126 and 1127. They will be noted as terminated upon certification of the agreement. It stipulates in clause 15 the relevant wage rates. Clause 12 of the agreement provides for the procedure to avoid industrial disputation. It says in relation to a fairly broad submission:

PN6

If the matter cannot be resolved it may be referred to the Commission to deal with in accordance with the provisions of the Workplace Relations Act 1996

PN7

That reference is pretty unclear as to what the intention is meant. In the absence of anything more I will treat it as a compliance with section 170LT8 but I express doubts as to whether it is in effect a form of empowerment if that was intended under section 170LW but that's no barrier to the provision being approved in the form that is contained in the agreement. Unless the parties wish to put some position about that then I simply note that I have approved or will approve the agreement but do not agree that that clause - yes, I think approve is the word - as an intended empowerment under section 170LW.

PN8

That, of course, won't preclude reference to the Commission under whatever other powers might be available or subject to consent between the parties. I think apart from those points I'm disposed to approve of the agreement. does anybody wish to put anything?

PN9

MR McKELL: No, your Honour, just say that we would be seeking its operation from today's date for a 36 month period.

PN10

MR MORRISON: No, your Honour.

PN11

HIS HONOUR: I am satisfied that the requirement of the Act and Rules have been met. That satisfaction is founded upon a scrutiny of the statutory declarations, the outcome of which is recorded in a checklist compiled by my associate and completed and signed by me following my perusal of the proposed agreement. The signed copy of the checklist is retained as part of the file and it is a component of the decision in this matter.

PN12

I certify as agreement as 816844 in Print 919686 the agreement. It shall come into force from 15 July 2002 and remain in force until 15 July 2005. A copy of the certificate has been sealed and signed and will be made available with the agreement to the parties or representatives of the parties in attendance. In addition, the bargaining periods have been ended by this decision. A copy of that will be made available to the parties prior to the calling of the next matter.

ADJOURNED INDEFINITELY [9.46am]