AG2002/4099, Transcript of Proceedings [2002] AIRCTrans 3568 (18 September 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LARKIN

AG2002/4099

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Rail Infrastructure Corporation
and Others for certification of the Rail
Infrastructure Corporation Enterprise
Bargaining Agreement 2002

SYDNEY

3.42 PM, THURSDAY, 29 AUGUST 2002

Continued from 21.8.02

Adjourned sine die

PN154

THE COMMISSIONER: Could I take appearances, please?

PN155

MR A. DOYLE: If the Commission pleases, I appear for the Rail Infrastructure Corporation, with me is Mr J. CAIRNS.

PN156

MR M. MOREY: If the Commission pleases, I appear for the Labour Council of New South Wales.

PN157

MR R. TRIPODI: May it please, I appear with MR W. BAKER for the Australian Workers Union.

PN158

MR D. KLINEBERG: If the Commission pleases, I appear for the RTBU.

PN159

MR T. NAYLOR: Commissioner, I am appearing for the ASU.

PN160

MR P. MARCHIONNI: If the Commission pleases, I am appearing for the Association Professional Engineers, Scientists and Managers Australia.

PN161

MR G. POTTER: If the Commission pleases, I appear for the CEPU.

PN162

MR I. MORRISON: If the Commission pleases, I appear on behalf of the Australian Manufacturing Workers Union.

PN163

MR S. MARSHALL: If the Commission pleases, I appear on behalf of the Construction, Forestry, Mining and Energy Union, New South Wales branch.

PN164

THE COMMISSIONER: Thank you. Well, gentlemen, the matter was called on last week and it was adjourned. It is certain out of the submissions that were put on the record on that occasion, Mr Doyle, would you like to advise me where we are up to with the matter?

PN165

MR DOYLE: Yes, Commissioner. In fact, on the last occasion I believe that for the applicant we had completed our submissions but there were certain outstanding matters, as you are aware, and there was a process to be followed in resolving those matters. There has been certain correspondence in relation to those things. Perhaps if, firstly, before I refer to those outstanding matters, there was also a matter relating to some documents tendered by the Australian Workers Union on last occasion which the Corporation was to review and advise you whether we had any objections in relation to those documents becoming an exhibit in this matter.

PN166

THE COMMISSIONER: Was that AWU1?

PN167

MR DOYLE: Yes, Commissioner.

PN168

THE COMMISSIONER: Yes.

PN169

MR DOYLE: The Corporation wrote to yourself on 22 August advising that we had no objection to those documents becoming an exhibit.

PN170

THE COMMISSIONER: All right. We might mark that correspondence, Mr Doyle. That would be A5?

PN171

MR DOYLE: Yes, Commissioner.

EXHIBIT #A5 DOCUMENTS TENDERED BY THE AUSTRALIAN WORKERS UNION

PN172

MR DOYLE: Secondly, Commissioner, there was the matter of the outstanding issues. Again, Commissioner, there is a letter to yourself which is signed by myself for the Rail Infrastructure Corporation and Mr Warren Baker for the Australian Workers Union, which was faxed to you on 23 August, again, last week. Commissioner, we would ask that that letter also become an exhibit in this matter. That deals specifically with the outstanding issues and advises that the issues in relation to the AWU had been resolved as at that date.

PN173

Also, it was advising, in relation to the outstanding matter concerning the CEPU, advising that advice has been received by the Corporation that that matter had also been resolved and requesting that the application be listed for certification for today's date. So, Commissioner, from our point of view the outstanding matters have been resolved and we would rely on our submissions - and if you do accept that letter as an exhibit, Commissioner, I am happy to provide copies of that to the parties here today.

PN174

THE COMMISSIONER: Yes, I was going to raise that actually. Do you have copies, at all, for the other parties?

PN175

MR DOYLE: Yes, Commissioner.

PN176

THE COMMISSIONER: Perhaps you might hand that out for me. That's the letter dated 23 August to myself, Mr Doyle, from yourself, and of course a copy to the AWU. If I have no objection to that material being tendered I will mark the document exhibit A6, thank you.

EXHIBIT #A6 LETTER DATED 23/08/2002 FROM MR DOYLE TO COMMISSIONER LARKIN

PN177

MR DOYLE: Thank you, Commissioner. Therefore, we would rely on our submissions of the last occasion and submit that the agreement be certified as of today's date. If the Commission pleases.

PN178

THE COMMISSIONER: Yes, thank you, Mr Doyle. Yes, Mr Tripodi?

PN179

MR TRIPODI: Commissioner, we support the submissions made by the company, subject to the understandings that have been reached on transcript in these proceedings. Accordingly - - -

PN180

THE COMMISSIONER: Is that reflected in exhibit A6, Mr Tripodi?

PN181

MR TRIPODI: Yes, A6 and also A5, just to be clear. Also, we say that the application meets the relevant provisions of the Act, Regulations and Rules of the Commission and that, accordingly, the document in the application should be certified by the Commission from today's date.

PN182

THE COMMISSIONER: Yes. Mr Tripodi, the AWU has at least one member entitled to represent the industrial interest?

PN183

MR TRIPODI: Yes, that's right.

PN184

THE COMMISSIONER: Thank you. Mr Baker?

PN185

MR BAKER: I have no comments.

PN186

THE COMMISSIONER: You don't wish to make any submissions? Thank you. Mr Klineberg?

PN187

MR KLINEBERG: The RTBU supports that the Enterprise Agreement be certified, we have got no problems with that.

PN188

THE COMMISSIONER: Yes, and I gather that you would rely upon the statutory declaration that the union has at least one member entitled to represent? Thank you. Mr Naylor?

PN189

MR NAYLOR: Commissioner, the ASU also submits a certification of the document. We have also submitted a statutory declaration and we rely on that.

PN190

THE COMMISSIONER: Yes, thank you. Mr Marchionni?

PN191

MR MARCHIONNI: Yes, we rely on our statutory declaration and support the certification of the document from today's date, Commissioner.

PN192

THE COMMISSIONER: Thank you. Mr Potter?

PN193

MR POTTER: The CEPU also has agreeance with the colleagues and with certification of the document.

PN194

THE COMMISSIONER: Thank you.

PN195

MR MORRISON: The AMWU supports certification of this agreement and submits that the statutory declaration supplied by the union shows our support and that I can report that we have members employed by this organisation.

PN196

THE COMMISSIONER: Entitled to represent?

PN197

MR MORRISON: Entitled to represent.

PN198

THE COMMISSIONER: Yes, thank you, Mr Morrison. Mr Marshall?

PN199

MR MARSHALL: Similarly, the CFMEU relies on its statutory declaration and has members employed by the Rail Infrastructure Corporation as entitled to represent them. I ask that we certify the agreement.

PN200

THE COMMISSIONER: Thank you. Anything further anyone wishes to add at this stage? Nothing at all? Yes, thank you, gentlemen. This is an application Rail Infrastructure Corporation and APESMA, ASU, RTBU, AWU, AMWU, CEPU, and CFMEU for the certification of an agreement made under section 170LJ of the Act. The agreement is to be known as the Rail Infrastructure Corporation Enterprise Agreement 2002, moving forward, and on the basis that the statutory declarations filed, submissions made by the parties on 21 August and also today in proceedings of 29 August. I am satisfied that the requirements of the legislation have been met. The business is a single business.

PN201

I am satisfied, based on the submissions and the statutory declaration, that the organisations that are a party to this agreement have at least one member and they are entitled to represent the industrial interests of such members. The agreement satisfies the requirements of the no disadvantage test in that the agreement does not, on balance, result in a reduction in the overall terms and conditions of employment under the relevant awards or laws. The agreement contains a dispute settling provision, found at clause 12. The agreement specifies a nominal expiry date being 8 April 2004. The application is granted with effect from today's date. I thank the parties for their attendance this morning. The Commission is adjourned. Formal certification will issue in due course, gentlemen. Thank you.

ADJOURNED INDEFINITELY [3.56pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A5 DOCUMENTS TENDERED BY THE AUSTRALIAN WORKERS UNION PN172
EXHIBIT #A6 LETTER DATED 23/08/2002 FROM MR DOYLE TO COMMISSIONER LARKIN PN177