AG2001/4543, Transcript of Proceedings [2002] AIRCTrans 3777 (25 September 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N VT05665
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2001/4543

APPLICATION FOR AGREEMENT ABOUT
INDUSTRIAL DISPUTE (DIVISION 3)

Application under section 170LS of the Act
by Australian Liquor, Hospitality and
Miscellaneous Workers Union and Others
for certification of Complex Security
Management (Crowd Control - Shopping
Centres) Enterprise Agreement 2001

MELBOURNE

9.49 AM, TUESDAY, 10 SEPTEMBER 2002

Continued from 19.6.02

PN21

MS R. FRENZEL: I appear for the LHMU.

PN22

MR M. FELLE: I appear for Complex Security Management Pty Ltd.

PN23

THE COMMISSIONER: Yes, Mr Felle. Mr Felle, did you have something to tell the Commission?

PN24

MR FELLE: Yes, Commissioner, in addition to the materials that have been presented to the Commission, the Complex Security Management operations that are covered by the terms of this certified agreement are in the process of being sold to another organisation and, with the concurrence of the ALHMWU, I wish to place on record a document and make a statement to the Commission of the intent of the party that is taking over these operations from Complex Security Management. I seek to tender correspondence in that effect, if the Commission pleases.

EXHIBIT #C1 LETTER FROM GROUP 4 SECURITAS PTY LTD DATED 04/02/2002

PN25

MR FELLE: As I indicated, Commissioner, I have been instructed to place the following statement on record.

PN26

Group 4 Securitas Pty Ltd is in the process of finalising the purchase from Complex Security Management Pty Ltd of the operations covered by the provisions of the Complex Security Management Enterprise Agreement 2002. Group 4 Securitas Pty Ltd wishes to place on the public record that it will continue to apply the provisions of the Complex Security Management Enterprise Agreement 2002 to employees undertaking these operations when transferred to the Group 4 Securitas Pty Ltd.

PN27

As is stated in the final paragraph, this statement is being made now to affirm the intent and commitment of Group 4 Securitas Pty Ltd to both the union and its employees of its intent in this matter and to ensure the smooth implementation of the transfer processes involved. If it pleases the Commission.

PN28

THE COMMISSIONER: Yes, thanks, Mr Felle. Ms Frenzel?

PN29

MS FRENZEL: Thank you, Commissioner. Firstly the union welcomes the statement made by Group 4 Securitas in respect of this matter and can I place on the record that life would have been a whole lot easier if other companies who were taking over entities to certified agreements or agreements to be certified, it certainly would be a lot easier for everybody concerned if other companies followed their course.

PN30

In any event can I say this, Commissioner, this is an application for the certification of the Complex Security Management Enterprise Agreement 2002. That we would rely upon the terms of the statutory declarations sworn by Brian Daly on 19 August and we would say that the agreement clearly complies with the requirements of section 170LT of the Act. The Commission will note that the statutory declaration sworn by Brian Daly sets out the employees had the opportunity to vote on the agreement on 6 August, the employees were clearly given more than 14 days to peruse the agreement and they also had access to both Complex Management and LHMU representatives to explain or discuss the proposed agreement with them.

PN31

I am able to advise that the result of the ballot was in overwhelming support for the agreement. The agreement also contains the required dispute settlement provisions and also obviously has a specified term as well, in compliance with the Act. We would say that the agreement clearly complex with the no disadvantage test that is set out in the Act and accordingly we would commend the application to the Commission, if the Commission pleases.

PN32

THE COMMISSIONER: Yes, Ms Frenzel. Anything to add, Mr Felle?

PN33

MR FELLE: I have nothing further to add. The statutory declarations provided by Michael Tait from Complex Security Management provide the same information that Ms Frenzel referred to and I would put to the Commission that there is no reason that the agreement as presented should not be so certified. If the Commission pleases.

PN34

THE COMMISSIONER: Yes, thank you. Thank you. This is an application pursuant to - for the certification of an agreement made pursuant to section 170LS of Division 3 of the Workplace Relations Act 1996. The agreement is between the Australian Liquor, Hospitality and Miscellaneous Workers Union and Complex Security Management Pty Ltd with the undertakings contained in exhibit C1 being noted by the Commission about the future of the employees covered by this agreement. Like Ms Frenzel, the Commission welcomes the up front approach by Group 4 Securitas about its intentions with the employees of this agreement.

PN35

Pursuant to section 170LT of the Workplace Relations Act 1996, the Commission certifies the attached written agreement. The agreement is to come into force on 10 September 2002 and it is to remain in force until 30 June 2005. This matter is adjourned, thank you. Thank you.

ADJOURNED INDEFINITELY [9.55am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #C1 LETTER FROM GROUP 4 SECURITAS PTY LTD DATED 04/02/2002 PN25