AG2002/4142, Transcript of Proceedings [2002] AIRCTrans 3336 (30 August 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT05322

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

AG2002/4142
AG2002/4670

APPLICATION FOR VARIATION OF
CERTIFIED AGREEMENT BY EMPLOYER
OR UNION

Applications under section 170MD(2) of the Act
by Australian Education Union Victorian Branch
and Another for variation of Early Childhood
Teachers Multi-Employer Certified Agreement 2000
(No 2) and Early Childhood Teachers Multi-Employer
Certified Agreement 2000

MELBOURNE

10.45 AM, WEDNESDAY, 14 AUGUST 2002

PN1

MS W. SENGOTTA: I appear on behalf of the AEU, together with MS R. KINSON.

PN2

MR D. PLOENGES: I appear on behalf of Kindergarten Parents Victoria, together with MR G. MANSOUR.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Ms Sengotta, are you going to start?

PN4

MS SENGOTTA: Yes. This application is made by the Australian Education Union for variation of the Early Childhood Teachers Multi-Employer Certified Agreement 2000, and also the Early Childhood Teachers Multi-Employer Certified Agreement 2000 (No 2). All the documents have been provided in accordance with 170MD(2). I was wondering if you wish me to take you through the evidence and the documents.

PN5

THE SENIOR DEPUTY PRESIDENT: No, I have read the statutory declaration. I don't think you need to go through the evidence. Mr Ploenges.

PN6

MR PLOENGES: If the Commission pleases. Kindergarten Parents Victoria consent to the AEUs variation application of MECA 2000 and MECA 2000 (No.2).

PN7

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Ploenges. These are applications pursuant to section 170MD of the Act to vary two existing certified agreements known as the MECA 2000 Certified Agreement and the MECA 2000 (No 2) Certified Agreement. Both agreements were certified by Full Benches of the Commission.

PN8

In order to approve a variation, the Commission must be satisfied that a majority of the employees whose employment is subject to the agreement genuinely approve the variation, firstly, and that the Commission would be required to certify the varied agreement if it were a new agreement.

PN9

I have read the statutory declarations filed in these matters, and I am satisfied that a valid majority of persons approved the variation of the terms of the agreement, and that the Commission would be so satisfied in the event that it were a new agreement which would require to be satisfied. I am also satisfied that there is power for a single member of the Commission to vary the multi-business agreements, albeit that they must be certified in the first instance by a Full Bench.

PN10

In those circumstances, I approve the variations in both agreements. Formal decisions together with the appropriate orders will issue in due course. We will adjourn sine die.

ADJOURNED INDEFINITELY [10.49am]