AG2002/641, Transcript of Proceedings [2002] AIRCTrans 3192 (20 August 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BARTEL

AG2002/641

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of
the Act by The Australian Workers'
Union, South Australia Division and
Another for certification of the Town
of Gawler/AWU Enterprise Agreement
No 4 2002

ADELAIDE

10.00 AM, MONDAY, 5 AUGUST 2002

EQUIPMENT MALFUNCTION

PN1

MR MATEOS: - - - the employees, extend some of the specific hours to weekends, which I don't know if it is in this actual clause, but it does in another one, but that is only by mutual agreement. The actual hours clause is pretty much exactly the same as the last agreement.

PN2

THE COMMISSIONER: Okay. I take it then, I notice in the agreement it does not actually specify the weekly, or daily ordinary hours of work, so I take it that that is based on the award provisions.

PN3

MR MATEOS: Yes. The employees, as in most councils, work 8.45 hours per week as they are on a 9-day fortnight. This clause is pretty much exactly the same as that in nearly every other Local Government Agreement where they have the same flexible hours clauses.

PN4

THE COMMISSIONER: Yes, it wasn't the flexibility I was referring to but simply that, for example, it talks about 22.6.4, it talks about:

PN5

Where additional time in accordance with these provisions is worked the accrued time off.

PN6

It is not clear by reference to the agreement what constitutes the additional hours because there is no weekly, or daily hours prescribed.

PN7

MR MATEOS: Well, it would be over 8.45 hours.

PN8

THE COMMISSIONER: So it is referenced to the award. Yes, thank you for that. Yes, Ms Borg.

PN9

MS BORG: Thank you, Commissioner. Yes, I would certainly agree with that. The ordinary hours would be as per the award and these hours at clause 22 of hours outside of that and they certainly work an 8.44 hour day. We would also support the certification of this agreement and I would just like to mention, the parties did an awful lot of work getting this together. The previous agreement was somewhat wordy and wasn't very user friendly and, yes, with a lot of cooperation we managed to get something we hope is going to be a lot more practical at the workplace.

PN10

THE COMMISSIONER: All right. I would congratulate the parties for that. I know these are quite time consuming exercises, even where there is a lot of agreement on the substance, just in terms of getting documents that are relatively user friendly can be a lot easier than one might first imagine. Yes. I'm satisfied on the submissions and the content of the statutory declarations provided by the parties and also the substance of the proposed agreement, that the agreement meets the requirements of the statutory provisions. In particular, that it meets the no disadvantage test, that it was filed within the 21 days required, that it was approved by a valid majority of employees, that it contains a relevant dispute settling procedure at clause 38 and that the term of the agreement is less than the maximum provided of 3 years under the Act.

PN11

I have before me therefore an application by the Town of Gawler and Australian Workers' Union, Greater South Australian Branch for certification of the Town of Gawler AWU Enterprise Agreement No 4 of 2002, pursuant to Division 3 of part 6B of the Workplace Relations Act 1996. Pursuant to section 170LT of the Act, I therefore approve the application for certification. The agreement will operate from 1 April 2002 until 31 March 2004 and will be binding on the parties as set out in clause 6 of the agreement and a certificate will be issued to the parties in due course. Thank you.

PN12

MR MATEOS: Thank you.

ADJOURNED INDEFINITELY [10.05am]