AG2002/3622, Transcript of Proceedings [2002] AIRCTrans 3221 (21 August 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT05239

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2002/3622

APPLICATION FOR CERTIFICATION OF AGREEMENT

Application under section 170LJ of the Act
by Furmanite (Australia) Pty Limited and
Another for certification of Furmanite
Australia Pty Limited Offshore Esso
Maintenance Certified Agreement 2000-2003

MELBOURNE

1.42 PM, TUESDAY, 6 AUGUST 2002

PN1

THE SENIOR DEPUTY PRESIDENT: Can I have the appearances, please?

PN2

MR J. HOY: If the Commission pleases, my name is Hoy for the Australian Industry Group on behalf of Furmanite (Australia) Pty Limited.

PN3

MS R. JASTRZEBSKI: If the Commission pleases, my name is Jastrzebski and I'm appearing for the Australian Manufacturing Workers' Union.

PN4

THE SENIOR DEPUTY PRESIDENT: Mr Hoy?

PN5

MR HOY: Thank you, your Honour. This is an application of a Division 2 for the certification of an agreement in accordance with 170LJ. The terms of the agreement were reached between the company and the AMWU on behalf of employees covered by the Metal, Engineering and Associated Industries Award. I also ask for the Commission to exercise its discretion under 111(1)(r) to extend the 21 day limited prescribed in section 170LM(2). The documents were forwarded to the union on 24 May, but not returned until 4 July and they were then lodged with the Registry the next day. I can confirm that there's been no change to employee numbers.

PN6

The parties have prepared, and submitted, statutory declarations, which, we believe, meet all the requirements of the Act, regulations and rules of the Commission. The agreement does not disadvantage employees covered by it and I refer to item 7(2) of the statutory declaration. A valid majority of employees genuinely approved the agreement on 9 May. Access to the agreement or an explanation of terms of the agreement occurred in an appropriate manner. It contains a dispute settlement procedure at clause 14. A period of operation is set out in clause 5 where it is stated the agreement will expire on 30 June 2003. We, therefore, request the Commission certify the agreement in the terms sought.

PN7

MS JASTRZEBSKI: Your Honour, the AMWU supports the submission made on behalf of the company. We would also ask that an extension of time is granted. The reason for the late lodgement is - well, the fault lies with the union. We didn't have an authorised officer available to sign the documents. As soon as there was somebody available we processed it as quickly as possible. Greg Warren, the organiser, assures me that the employees there support the certification of the agreement and there's been no substantial change to the work-force, and, we believe, that all other aspects of the Act have been complied with and we request that the agreement be certified, if your Honour pleases.

OFF THE RECORD [1.45pm]

RESUMED [1.47pm]

PN8

THE SENIOR DEPUTY PRESIDENT: In respect of clause 4 I assume it is the intention of the parties that consistent with the Act the employer would also be bound by the agreement?

PN9

MR HOY: That's correct, your Honour.

PN10

THE SENIOR DEPUTY PRESIDENT: Very well. 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 Furmanite Australia Pty Limited Offshore Esso Maintenance Certified Agreement 2001-2003. I am also satisfied that I should grant the necessary extension of time for the lodgement of the application in the matter. The certification of the agreement will come into force from today's date and remain in force until 30 June 2003.

ADJOURNED INDEFINITELY [1.47pm]