AG2002/3634, Transcript of Proceedings [2002] AIRCTrans 3223 (21 August 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT05258

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2002/3634

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 (Esso sites) Onshore
Maintenance Certified Agreement 2000-2003

MELBOURNE

1.32 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 your Honour pleases, my name is Jastrzebski and I am appearing for the AMWU.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Hoy.

PN5

MR HOY: Your Honour, this is an application under Division 2 of part 6(b) of the Act for certification of an agreement made in accordance with section 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 Industrial Award. Your Honour, you will note that the application was out of time and we request that you exercise your discretion under section 111(1)(r) of the Act to extend the 21 day limit. The documents were forwarded to the AMWU on 17 May. They were not returned until 8 July. I can confirm that there's been no change to employee numbers in the intervening period.

PN6

Your Honour, the parties have 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. A valid majority of employees genuinely approved the agreement on 9 May and access to the agreement, and an explanation of terms of the agreement, occurred in an appropriate manner. It contains a dispute settlement procedure at clause 23. The period of operation is set out in clause 6 where it states the agreement will expire on 30 June 2003. We, therefore, request that the Commission certify the agreement in the terms sought, if the Commission pleases.

PN7

MS JASTRZEBSKI: If your Honour pleases, the AMWU supports the submission made on behalf of the company. We would also request that an extension of time be granted. The officer who is usually authorised to sign agreements, on behalf of the Metal Division, was away on sick leave, first, and then that was followed by annual leave which left us with a rather long gap before we had a person authorised to sign. When Craig Johnson returned to work he signed the agreement on 4 July and we dealt with it as quickly as was possible. And I've spoken to Greg Warren, the organiser responsible for this site, and he confirms that there's been no change to the employees or to their support of this agreement and we'd ask that this be certified, if your Honour pleases.

OFF THE RECORD

RESUMED [1.41pm]

PN8

THE SENIOR DEPUTY PRESIDENT: Could I ask you about clause 13.2? There is no intention in clause 13.2 to override the provisions of the Act in respect of termination of employment; is there?

PN9

MR HOY: No, there's not, your Honour.

PN10

THE SENIOR DEPUTY PRESIDENT: Is that your understanding, Ms Jastrzebski?

PN11

MS JASTRZEBSKI: That's correct, your Honour.

PN12

THE SENIOR DEPUTY PRESIDENT: And clause 31: the maintenance contractors that are spoken about in that clause; are they the employees of Furmanite (Australia) Pty Limited?

PN13

MR HOY: Yes, they are, your Honour.

PN14

THE SENIOR DEPUTY PRESIDENT: Thank you. Well, having regard to the material contained in the file in this matter, and also the submissions put to me, I am satisfied I should grant the necessary extension of time for the lodgement of the application in this matter. I am also satisfied I should certify the agreement known as the Furmanite (Australia) Pty Limited (Esso sites) Onshore Maintenance Certified Agreement 2000-2003. 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 30 June 2003.

ADJOURNED INDEFINITELY [1.42pm]