AG2002/4688, Transcript of Proceedings [2002] AIRCTrans 3506 (11 September 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

JUSTICE MUNRO

AG2002/4688

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Industrial Galvanizers Corporation Pty Limited
and Another for certification of the Industrial
Galvanizers Corporation Pty Limited - Hexham
Certified Agreement 2002

SYDNEY

9.48 AM, MONDAY, 26 AUGUST 2002

Adjourned sine die

PN1

HIS HONOUR: Yes, this is matter AG4688 of 2002. It is an application under section 170LJ of the Act lodged on 9 August seeking certification of an agreement to be known as the Industrial Galvanizers Corporation Pty Limited - Hexham Certified Agreement 2002. Could I have appearances, please?

PN2

MS S. PHILLIPS: If it pleases the Commission, I am from the Australian Industry Group on behalf of our member company Industrial Galvanizers Corporation.

PN3

HIS HONOUR: Yes, the parties to this agreement are Industrial Galvanizers Corporation and the AWU. The AWU, I notice has not appeared and Mr Beard did make some inquiry about this agreement last week but beyond that we haven't heard from him. The agreement is to apply to Industrial Galvanizers Corporation Pty Limited, Hexham at 312 Pacific Highway, Hexham, New South Wales, for all employees engaged in any of the occupations specified in part I of the Metals Award. It was approved on 23 July and lodged on 9 August so it is within time. It applies to some 46 employees.

PN4

I think in relation to the points of concern, there are only two. There needs to be an agreed statement as to what are the wages as at the date of certification or rather of the increase provided for in clause 10. That clause says the wages will increase by $15 per week from the beginning of the first pay period to commence on or after 30 June 2002. It says they won't be absorbed into any over award payment and shall be payable in addition to current agreed enterprise rates of pay and shall constitute part of the all purpose rate of pay in respect of employees subject to this agreement.

PN5

It is not possible from those words to discern or ascertain what are the rates that are to be increased and in the circumstances I require an undertaking in proper form as to the existing rates at, I think it is 30 June 2002. Clause 14 makes clause 3 not clause 6.1 of the Metals Award appropriate for matters arising under the agreement consequently that provision when it is properly understood does authorise or provide for settlement of disputes under 170LT(8).

PN6

I'm not entirely sure that it does constitute an empowerment of the Commission for purposes of section 170LW, but I will assume that if there is an empowerment that I approve it, but I doubt whether the procedure is a full empowerment under section 170LW of the Act. I think if one looks at the detail of the provisions of clause 6(1) of the Metal Award, it doesn't purport to give the Commission power to settle disputes to finality unless the parties themselves agree.

PN7

On this occasion, I won't take that matter any further other than observing that the importation of the dispute settling provision under the Metals and Engineering Award is an inappropriate reference to the section. So Ms Phillips, I think the only thing on which you need to satisfy me as to the rates to which the agreement is to apply and that can be covered by a 170LV undertaking setting out the rates as at 30 June 2002.

PN8

MS PHILLIPS: Your Honour, I do have a copy of a wages schedule with me today from the company to hand up to the Commission. It came from the company dated 2 August 2002 therefore incorporating to increase as to apply under the agreement, if I could hand that up.

PN9

HIS HONOUR: Very well, I mark as AIG1 a document headed, Industrial Galvanizers Newcastle 38 hour weekly pay rates.

EXHIBIT #AIG1 INDUSTRIAL GALVANIZERS NEWCASTLE 38 HOUR WEEKLY PAY RATES

PN10

HIS HONOUR: I think it is hours versus award and these are as at 2 August 2002. I take those are the post agreement rates are they? The agreement will operate on the basis that these are the rates to apply.

PN11

MS PHILLIPS: That's correct, your Honour.

PN12

HIS HONOUR: I will note on that, that is accepted as a section 170LV undertaking for the period of operation of the agreement. Yes, I'm satisfied that the requirement of the act and rules have been met. My satisfaction is foundered upon the scrutiny of the statutory declarations, the outcome of which is recorded in a checklist complied by my associate and completed and signed by me following my perusal of the proposal agreement.

PN13

A signed copy of the checklist will be retained as part of the file and is a component of the decision in this matter and in accordance with section 170LT, I certify the agreement as AG817742. That certification is in print 921307. The agreement shall come into force from 26 August 2002 and shall remain in force until 30 June 2004. A copy of the certificate has been signed and sealed and it will be made available to Ms Phillips and will need to be forwarded to the AWU in due course.

ADJOURNED INDEFINITELY [9.57am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AIG1 INDUSTRIAL GALVANIZERS NEWCASTLE 38 HOUR WEEKLY PAY RATES PN10