AG2002/4290, Transcript of Proceedings [2002] AIRCTrans 3692 (20 September 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N VT05607

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER GRAINGER

AG2002/4290

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LL of the
Act by Industrial Relocation Services
Proprietary Limited and Another for
certification of the National Gallery
of Victoria Project Agreement Industrial
Relocation Services

MELBOURNE

2.54 PM, THURSDAY, 5 SEPTEMBER 2002

PN1

THE COMMISSIONER: The next matter, Mr Cooney, is another one where you are acting as Mr Wainwright's agent for the CFMEU, AG2002/4290, the National Gallery of Victoria Project Agreement Industrial Relocation Services.

PN2

MR COONEY: Yes, Commissioner. I am acting on behalf of the CFMEU in that one. This is a National Gallery of Victoria - we would ask that the - pardon me for a minute, Commissioner.

PN3

THE COMMISSIONER: Yes.

PN4

MR COONEY: Once again it is a greenfields agreement.

PN5

THE COMMISSIONER: Yes.

PN6

MR COONEY: It satisfies the no disadvantage test and we would that the Commission, subject to any further questions, to certify the agreement.

PN7

THE COMMISSIONER: Yes. In terms of section 170L, is the single business a new business that the employer proposed to establish at the time the agreement was made which was 23 August?

PN8

MR COONEY: Yes, Commissioner.

PN9

THE COMMISSIONER: And was the agreement made before the employment of any of the persons who were necessary for the normal operation of the business?

PN10

MR COONEY: Yes, Commissioner.

PN11

THE COMMISSIONER: And you tell me that its terms provide advantages rather than disadvantages?

PN12

MR COONEY: Sorry, Commissioner?

PN13

THE COMMISSIONER: Its terms meet the requirements of the no disadvantage test?

PN14

MR COONEY: Yes, Commissioner.

PN15

THE COMMISSIONER: All right. I note that clause 11 contains an appropriate dispute resolution clause with a capacity for matters to be referred to this Commission. I note that its term doesn't exceed three years. It is provided at clause 2 to be from 1 January 2004. Accordingly I am satisfied that all relevant statutory requirements are met and I do certify this agreement today, 5 September 2002.

ADJOURNED INDEFINITELY [2.57pm]