AG2002/223, Transcript of Proceedings [2002] AIRCTrans 3406 (5 September 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 2, 16 St George's Tce, PERTH WA 6000
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TRANSCRIPT OF PROCEEDINGS

O/N WT0 5260

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT BLAIN

AG2002/223

APPLICATION FOR DETERMINATION OF
DESIGNATED AWARD

Application under section 170XF of the Act
by AGR Management Services for determination
of designation of award for the AGR Management
Services Pty Limited Certified Agreement 2002

PERTH

12 NOON, MONDAY, 19 AUGUST 2002

PN1

MR J. UPHILL: I appear on behalf of the employer. And with me, MR G. TALBOT.

PN2

THE DEPUTY PRESIDENT: Mr Uphill?

PN3

MR UPHILL: Thank you. I trust you have a copy of the written outline of employer's submissions that was forwarded through to your office.

PN4

THE DEPUTY PRESIDENT: I do.

PN5

MR UPHILL: Perhaps I can add to those submissions by firstly indicating to you that the employer is involved in the refining of gold and there would be in the order of approximately, I think, 35 employees who would be covered by the terms of the proposed agreement, so far as the processing operations are concerned. The employer has considered a number of awards which may be considered for the purpose of designating an award, when considering the notice of onus test, and has formed the view that the Metal Trades General Award, a state award, is the most appropriate award.

PN6

That view has been formed after considering the work undertaken by employees and matching that work against various categories of classifications in the Metal Trades General Award. We believe that, on that basis, the State Metal Trades Award ought to, in our view, be the award designated for the purpose of this proposed certified agreement. I would also observe, Your Honour, that in a matter before Senior Deputy President Polites the employer sought the designation of an award to cover security officers who we would envisage being part of the same certified agreement.

PN7

It was his Honour's view, with respect to security officers, that the appropriate award would be the Cleaners and Caretakers Award, a state award, which has classifications which cover the same type of work performed by the security officers employed by AGR Management Services. I think, with those brief submissions, I would perhaps leave it at that point unless there are any questions that your Honour has in regard to this matter.

PN8

THE DEPUTY PRESIDENT: Thank you, Mr Uphill. I take it from your comments that paragraph 5 of the submission is more for information of the Commission rather than seeking anything - - -

PN9

MR UPHILL: It is for information.

PN10

THE DEPUTY PRESIDENT: Yes.

PN11

MR UPHILL: It is a matter which has now been effectively determined by Senior Deputy President Polites, so it is merely a matter now of dealing with what is the designated award for people in the processing area and trades, I am reminded, as well, your Honour.

PN12

THE DEPUTY PRESIDENT: And what was that?

PN13

MR UPHILL: And trades.

PN14

THE DEPUTY PRESIDENT: Trades.

PN15

MR UPHILL: Process and trades people.

PN16

THE DEPUTY PRESIDENT: Yes. Thank you, Mr Uphill. Mr Talbot, did you wish to add any comments?

PN17

MR TALBOT: Your Honour, only in response to questions if you have any but I think Mr Uphill has given the main information.

PN18

THE DEPUTY PRESIDENT: I understood from Mr Uphill's submission there are approximately 35 employees who will be covered by the proposed certified agreement?

PN19

MR TALBOT: Your Honour, there are 33 staff in all. Of those, five would be security staff, one cleaner, and the balance would be process workers and trade staff.

PN20

THE DEPUTY PRESIDENT: Thank you. I turn now then to the formal part of the proceedings and I note that by application filed on 24 July 2002, AGR Management Services Pty Ltd sought for the purposes of Part VIE of the Workplace Relations Act 1996, (the Act), a determination of the appropriate award to be used for the purpose of deciding whether the proposed AGR Management Services Pty Limited Certified Agreement 2002 passes the no disadvantage test. Upon hearing Mr Jeff Uphill on behalf of AGR Management Services Pty Limited and Mr Giles Talbot, I determine pursuant to section 170XF of the Act, that the following award is the appropriate award: Metal Trades General Award 1966, number 13 of 1965. This determination will take effect from 19 August 2002.

PN21

We will now adjourn.

ADJOURNED INDEFINITELY [12.06pm]