AG2002/4169, Transcript of Proceedings [2002] AIRCTrans 3519 (12 September 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT05499

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

AG2002/4169
AG2002/4200

APPLICATION FOR CERTIFICATION
OF GREENFIELDS AGREEMENT

Applications under section 170LL of the Act by
Brandon Industries and Others for certification
of the Federation Square Productivity Agreement
Brandon Industries and CEPU and Federation
Square Productivity Agreement DCA (Manufacturing)
and CFMEU

MELBOURNE

12.05 PM, TUESDAY, 27 AUGUST 2002

PN1

MR J. COONEY: In relation to 2002/4169, I appear on behalf of the CEPU.

PN2

MR G. BARBOUR: In relation to 2002/4200, I appear on behalf of the CFMEU.

PN3

THE VICE PRESIDENT: Is there any objection if I deal with - to dealing with each of these matters together?

PN4

MR COONEY: Your Honour, I was just going to make a point about AG2002/4169 - it is in the statutory declarations. It states that it is a Greenfield Agreement but it also states at 6.5 in the stat dec it is - so I think it is best maybe if the CEPU withdraws the application at this stage and figures out those anomalies.

PN5

THE VICE PRESIDENT: Okay. So I take it I will mark that as being withdrawn, and you will file a fresh application dealing with whichever one it is supposed to be.

PN6

MR COONEY: Yes.

PN7

THE VICE PRESIDENT: Okay. Well, I will note for the record that AG2002/4169, the application has been withdrawn. That leaves you, Mr Barbour, so presumably you will be the person answering the questions.

PN8

MR BARBOUR: Yes, thank you, your Honour.

PN9

THE VICE PRESIDENT: I note that the application states it has been made under division 2 of part VIB, and that the application was lodged within the 21 day time period. Is the employer a party to the agreement a constitutional corporation within the meaning of the Act?

PN10

MR BARBOUR: Yes, your Honour.

PN11

THE VICE PRESIDENT: I note that a written copy of the agreement has been submitted for certification. Is the agreement about matters pertaining to the employment relationship?

PN12

MR BARBOUR: Yes, it is.

PN13

THE VICE PRESIDENT: And the agreement applies in respect of a single business being carried on by the employer party to the agreement.

PN14

MR BARBOUR: That is correct.

PN15

THE VICE PRESIDENT: And is that single business a new business that the employer proposes to establish, or is establishing when the agreement was made?

PN16

MR BARBOUR: That is correct.

PN17

THE VICE PRESIDENT: And was the agreement made before the employment of any of the persons who will be necessary for the normal operation of the business and whose employment will be subject to the agreement?

PN18

MR BARBOUR: Yes, your Honour.

PN19

THE VICE PRESIDENT: And is your organisation entitled to represent the industrial interests of one or more persons whose employment is likely to be subject to the agreement in relation to work that will be subject to the agreement?

PN20

MR BARBOUR: Yes, your Honour.

PN21

THE VICE PRESIDENT: And would certification of the agreement result on balance in a reduction in the overall terms and conditions of employment of the employees covered by the agreement?

PN22

MR BARBOUR: No, your Honour.

PN23

THE VICE PRESIDENT: I note there is a dispute settlement clause in the agreement at clause 13 that provides for a matter being referred to the Commission for determination. Does that mean that if a matter was referred under that clause it would be the intention of the parties that it be dealt with by the Commission by means of conciliation and, where necessary, arbitration?

PN24

MR BARBOUR: Yes, your Honour.

PN25

THE VICE PRESIDENT: I note the agreement specifies a nominal expiry date, being 1 June 2004. In relation to termination of employment, are any provisions of the agreement inconsistent with a provision of division 3 of part VIA, an order by the Commission under that division, or any injunction granted or any order made by the court under that division?

PN26

MR BARBOUR: No, your Honour.

PN27

THE VICE PRESIDENT: In relation to negotiating conduct, are there any matters under section 170LU(3) which would lead me to refuse to certify the agreement?

PN28

MR BARBOUR: No, your Honour.

PN29

THE VICE PRESIDENT: Do any provisions of the agreement discriminate against an employee whose employment will be subject to it because of, or for reasons including race, colour, sex, sexual preference, age, political opinion, national extraction or social origin?

PN30

MR BARBOUR: No, your Honour.

PN31

THE VICE PRESIDENT: Does the agreement contain any objectionable provisions within the meaning of section 170LU(2)(a)?

PN32

MR BARBOUR: No.

PN33

THE VICE PRESIDENT: Thank you, Mr Barbour. Anything you wish to add? No.

PN34

MR BARBOUR: No, your Honour.

PN35

THE VICE PRESIDENT: I am satisfied the agreement meets the relevant statutory tests and I will issue a certificate to that effect.

ADJOURNED INDEFINITELY [12.10pm]