AG2002/3359, Transcript of Proceedings [2002] AIRCTrans 3199 (20 August 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT05203
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2002/3359
AG2002/1308

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Applications under section 170LK of the Act
by Laminex Industries and Another for
certification of the Laminex Industries
Wodonga Branch Agreement 2001

MELBOURNE

1.20 PM, MONDAY, 5 AUGUST 2002

Continued from 25.3.02

PN53

MR M. O'SULLIVAN: I am the HR Manager with Laminex Industries. With me on my left is MR S. NAMBIAR who is our Human Resources Adviser for Victoria/Tasmania with Laminex Industries and on my right is MR D. ASHER, who is a Sales Clerk employed at our Wodonga Branch and has been nominated by the wages group to act as their representative for the purpose of the application.

PN54

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr O'Sullivan.

PN55

MR O'SULLIVAN: Your Honour, the purpose of today's hearing is to apply for the certification of an enterprise agreement for Laminex Industries Wodonga Branch. Your Honour, this agreement was previously listed for certification before your Honour on 25 March 2002. The application AG2002/1308 was adjourned following concerns expressed by your Honour which I will outline as part of my submission. This agreement has been negotiated between the parties pursuant to Division 2, Part VIB, section 170LK of the Workplace Relations Act.

PN56

As stated before, this agreement was previously listed for certification and the application was heard by your Honour on 25 March 2002. This matter was adjourned as your Honour had advised the company that we were in breach of section 170LK, subsection (4) due to the inclusion of a sentence in the notice issued to employees, such notice being dated 14 December 2001. The sentence in question stated that:

PN57

You must advise me if this is your intention.

PN58

And it related to a company request that employees notify the company if they had requested an organisation of employees of which they were a member to represent them as part of the negotiation of the agreement. Based on the views expressed by the Commission the company has reissued the notice without these words. I wish to submit a copy of that notice to the Commission.

PN59

Your Honour, this agreement applies to Laminex Industries operations at number 7 Osburn Street - that is O-s-b-u-r-n Street - Wodonga, Victoria, 3690. The parties believe that the requirements of the Act in relation to section 170LK and 170LT and the rules and regulations of the Act have been satisfied and the parties believe the content contained in the statutory declarations reflects this. Your Honour, this agreement is based on the Timber and Allied Industries Award 1999 and the Clerical and Administrative Employees (Victorian) Award 1995.

PN60

Laminex Industries is a constitutional corporation of the Commonwealth. The corporate registration number is ACN004093092. The agreement was endorsed by a valid majority of employees whose employment is covered by the agreement. A vote was taken at a meeting of employees on 14 June 2002. At the time of providing the agreement to employees for their consideration Laminex notified all relevant employees in writing of its intention to make the agreement and that any employee who was a member was entitled to have a union or bargaining agent represent their interest in relation to the negotiation of that agreement.

PN61

Employees who were not union members were advised that they may appoint a bargaining agent to the negotiation of that agreement on their behalf. A copy of a notice provided to employees has been tendered to the Commission as part of our application for the certification of the agreement. Your Honour, prior to the endorsement of the agreement the agreement in draft form was explained to the employees and provided in written form to the employees to examine for a period of 14 days. The application for certification has been made within the 21-day time period since endorsement of the agreement by the employees.

PN62

Your Honour, the parties believe that there is no disadvantage occasioned to any employee as a result of this agreement. We have included a table which was lodged when the agreement and statutory declarations were lodged which compares the agreement to the relevant awards which was an endeavour to help demonstrate that there is no disadvantage to the employees. Measures for the effective resolution of grievances including a role for the Commission with regard to settlement of disputes through conciliation or arbitration are referred to in clause 9.

PN63

Your Honour, another issue advised by your Honour on 25 March was the wording of the dispute resolution procedure at step 6 of the agreement. Your Honour will note in step 6 of the agreement the word - if I just read through - clause 6 states:

PN64

At the moment if the issue cannot be resolved through discussions between any relevant company and the employee representatives, then the assistance of the Australian Industrial Relations Commission must be sought.

PN65

I think when the agreement was previously lodged for certification, your Honour, the word "should" had previously been there, we had substituted the word "must" subsequent to our initial hearing. The nominal expiry date of the agreement is 1 October 2004 and a process for the renegotiation is referred to in clause 5 of the agreement. Now, finally, your Honour, subject to any questions you may have for myself or the employee representative, Mr Asher, Laminex believes the agreement was fully explained to all employees covered by it in a manner that was relevant to them and that there was no coercion placed on any employee to approve the agreement. In summary, your Honour, the parties believe everything is in order and request that the document be certified.

PN66

THE SENIOR DEPUTY PRESIDENT: Mr Asher, anything you wish to add?

PN67

MR ASHER: No, your Honour.

PN68

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 certify the agreement known as the Laminex Industries Wodonga Branch Agreement 2001. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations. The certification of the agreement will come into force from today's date and remain in force until 1 October in the year 2004. I will now adjourn.

ADJOURNED INDEFINITELY [1.26pm]