AG2002/4224, Transcript of Proceedings [2002] AIRCTrans 3688 (20 September 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER DANGERFIELD

AG2002/4224

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Transport Workers' Union of Australia
and Another for certification of Patrick
Autocare Transport Workers Certified
Agreement (South Australia/NT) 2002

ADELAIDE

9.37 AM, THURSDAY, 5 SEPTEMBER 2002

PN1

MR L.E. BELL: I appear for the Transport Workers

PN2

Union of Australia.

PN3

THE COMMISSIONER: Thank you, Mr Bell.

PN4

MR B. HARTSHORN: I appear for Patrick Autocare Proprietary Limited, and with me is our State Manager, MR F. LENZIE.

PN5

THE COMMISSIONER: Thanks Mr Hartshorn, Mr Lenzie, yes. Mr Bell?

PN6

MR BELL: Yes Commissioner. Today before you have an agreement signed by Mr Fred Lenzie, the State Manager for the company, Mr Hughie Williams the Federal President of the union and Mr Alex Gallagher the Branch Secretary, which have been lodged with the Commission under Division 2, Section 170LJ. The requirements to be satisfied under section 170LT of the Act are addressed in the statutory declaration signed by Mr Williams for the union and Mr Lenzie for the company. That is the agreement does not, in relation to the terms and conditions of employment, disadvantage the employees who are covered by the agreement.

PN7

The agreement includes procedures for preventing and settling disputes between the parties at clause 18 and allows for reference to the Industrial Relations Commission throughout that clause. The agreement applies only to a part of a single business and employees covered by the award, or by the agreement have been consulted at various meetings and a ballot was conducted by the union with the result declared on 29 July. Clause 21 allows for ongoing consultation during the process of this agreement and the total number of employees covered by the agreement is 24.

PN8

In respect of section 170LT(7), there are no persons who are relevant to those classifications. Commissioner, we seek if this agreement is certified, that appendix or attachment 1 of the Wage Rates is set aside in the file to remain confidential. This is a request on the company's behalf and the union has the objection to that. It is for commercial and confidence reasons as this is a very competitive industry.

PN9

THE COMMISSIONER: It is attachment 1 - - -

PN10

MR BELL: Yes.

PN11

THE COMMISSIONER: - - - wage rates, at page 13 of the document?

PN12

MR BELL: That is correct, yes sir. Commissioner, pursuant to part 6B, division 4, section 170LT of the Act, we seek the Commission certify an agreement referred to as the: Patrick Autocare Transport Workers Certified Agreement (South Australia/NT) 2002, read in conjunction with the Transport Workers Award (1998) and the Transport Workers Long Distance Drivers Award (2000) which is operative from 1 July but we know the Commissioner's position on being operative from today's date. It has an expiry date of 30 June 2005, if the Commission pleases.

PN13

THE COMMISSIONER: Yes, thanks. Mr Hartshorn?

PN14

MR HARTSHORN: Simply to agree with Mr Bell, Commissioner. It was a satisfactory negotiation and we are happy to support it.

PN15

THE COMMISSIONER: Just one question, there is a slight discrepancy on the statutory declaration. I note in regard to question 2.4, Mr Bell, you referred to the fact, you said the agreement applies to the part of a single business. I note that in Mr - - -

PN16

MR BELL: Lenzie .

PN17

THE COMMISSIONER: - - - Lenzie's statutory declaration, 2.4 says it applies to whole of the single business. I know the question can be misleading and can be taken different ways, but perhaps Mr Hartshorn, you might just explain just what is the situation with Patrick Autocare here. Is it the whole or the part of an organisations?

PN18

MR HARTSHORN: It is part of an organisation, Commissioner.

PN19

THE COMMISSIONER: So this is just one work site?

PN20

MR HARTSHORN: Yes.

PN21

THE COMMISSIONER: And I can imagine - or either Mr Lenzie must have circled the word "whole" there and "2.4" by mistake or he would have thought, well, it covers the whole of the operation there at - - -

PN22

MR HARTSHORN: Yes.

PN23

THE COMMISSIONER: - - - Bayer Road, Wingfield. I presume it probably would have been the latter, Mr Lenzie, was it?

PN24

MR LENZIE: That is correct, sir.

PN25

THE COMMISSIONER: Yes, so we - so this is just one work place of a number?

PN26

MR LENZIE: Yes.

PN27

THE COMMISSIONER: Thanks. I'm happy with that and I can indicate to the parties that the Commission has considered the application before it in the terms of the agreement the subject of the application. Having perused the statutory declarations on file of Hughie Williams, Federal President of the Transport Workers Union of Australia and Fred Lenzie, State manager of the company and having heard the parties explanations today in relation to an application to have the agreement certified under division 2 of part 6B of the Act, the Commission firstly notes the Transport Workers Award 1998, and the Transport Workers (Long Distance Drivers) Award 2000 are the relevant awards for purposes of the no disadvantage test.

PN28

Further, having studied the agreement, the Commission declares that it is satisfied that all the necessary statutory requirements for certification of the agreement have been met. Accordingly, the Commission hereby certifies the Patrick Autocare Transport Workers Certified Agreement (South Australia/NT) 2002, to be operative from the date of certification, namely today's date, 5 September 2002. I note that clause 5 of the agreement actually provides for the agreement to be applied from the first full pay period from 1 July 2002.

PN29

The agreement will remain in force for the statutory maximum of 3 years until 30 June 2005. The necessary documentation confirming the certification will be forwarded to the parties shortly. I also note the parties' request that attachment 1, page 13 of the agreement relating to the wage rates, remain confidential and I understand that arrangements can be made for that to be done. It remains only to congratulate the parties on their agreement. Is there anything further at all from any of the parties for the record? That being the case, I think that effectively disposes of the hearing of the matter.

PN30

MR BELL: Thank you.

ADJOURNED INDEFINITELY [9.47am]