AG2002/4697, Transcript of Proceedings [2002] AIRCTrans 3787 (26 September 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DRAKE

AG2002/4697

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by the CPSU, The Community and Public Sector
Union and Another for certification of the
Australian Caption Centre Certified Agreement 2002

SYDNEY

3.53 PM, WEDNESDAY, 4 SEPTEMBER 2002

Adjourned sine die

PN1

THE SENIOR DEPUTY PRESIDENT: I apologise for having kept you waiting. I had to attend to an urgent matter that's on after 4. Could I have the appearances, please?

PN2

MR P. INGWERSEN: Thank you, your Honour. I appear on behalf of the Community and Public Sector Union. With me I have

PN3

MR P. ANASTASIADES who is one of the CPSU workplace representatives who was involved in negotiating the agreement, as well as MR P. BILTON-SMITH and MR M. LEVEY who are both CPSU workplace representatives.

PN4

MR S. CHAMPION: Your Honour, I represent the Australian Caption Centre. With me is MR A. VARLEY, who is General Manager of the Caption Centre.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Ingwersen.

PN6

MR INGWERSEN: Your Honour, this is an application before the Commission today to certify an agreement made between the Australian Caption Centre and the Community and Public Sector Union. It's an agreement made under section 170LJ of the Workplace Relations Act. We would submit today that all the requirements of the Act have been met.

PN7

Firstly, the agreement is made with the CPSU. We are a union that is entitled to represent employees within the Australian Caption Centre. We have at least one member in the Australian Caption Centre. Secondly, the agreement has been approved by a valid majority. The details of that are contained within our statutory declaration. On 9 August a vote was counted and the result was 45 votes in favour, 11 against, out of a total of 102 employees of the Australian Caption Centre.

PN8

Prior to the actual vote being conducted and the vote was run from 1 to 9 August, the employees had access to the agreement for at least 14 days, as is required under the Act. In terms of the requirements under section 170LT of the Act, we submit that the agreement clearly passes the no disadvantage test. The relevant award is the CPSU Subtitlers Award and that award is varied and up to date. However, the agreement contains rates of pay that are well above the award rates of pay.

PN9

There are changes in the agreement to the shift penalties but the revised shift penalties in the agreement are above those within the award in a number of circumstances and in some cases are calculated on a slightly different basis. For example, in the award, if you are a full-time employee you receive, I think it is a 17 per cent loading for working beyond 6pm whereas under the new agreement it will be a 30 per cent loading solely for the hours worked after 6pm.

PN10

In terms of the other requirements, the agreement was explained to all employees because of the new classification structure and new shift penalties in the agreement. A letter was sent out to each of the employees and that detailed how they translate into the new agreement and what their new rate of pay would be and also, based on their work patterns over the previous few weeks, what they would have received under the penalties as they apply in the new agreement. The union, of course, also conducted quite a number of meetings and explained the terms of the agreement to our members.

PN11

In terms of other requirements, the agreement contains a dispute settlement procedure and - - -

PN12

THE SENIOR DEPUTY PRESIDENT: Yes, can I just ask you about that? When a matter is referred to the Industrial Relations Commission in accordance with the Act, is that for resolution of the dispute by conciliation and/or arbitration within the Act?

PN13

MR INGWERSEN: That would be for resolution in accordance with section 170LW.

PN14

THE SENIOR DEPUTY PRESIDENT: All right, thank you. That is the only matter I had to inquire anything about, its meaning.

PN15

MR INGWERSEN: Do you wish me to address any of the other requirements of the Act.

PN16

THE SENIOR DEPUTY PRESIDENT: I don't think so. I think they are satisfied.

PN17

MR INGWERSEN: If that's the case, your Honour, then I'll leave my submissions as they are and seek - - -

PN18

THE SENIOR DEPUTY PRESIDENT: Can I say something? Unless there is something that you want me to take notice of, it seems to me that, other than that inquiry, I have no concerns.

PN19

MR INGWERSEN: We think it's a good agreement. It's the first one to cover half the employees in the Caption Centre. What else can I say? Thank you, your Honour.

PN20

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes, Mr Champion? Is there anything that you want to put in submissions

PN21

MR CHAMPION: Your Honour, only that the savings provisions under the agreement are quite extensive to ensure that no employee is disadvantaged as against the award. There are a number of clauses applying to that. No employee will suffer a reduction in total average remuneration as a result of the new classifications and shift penalties. Also there are additional savings provisions for employees who, even though, with the shift penalties and change in their base rate, they might have been better off, we have also an additional provision that they will not only get the higher total average remuneration but they also have their previous base rate continuing to apply.

PN22

So in fact, they have a double savings provisions. Also employees previously earning productivity bonuses which gave them higher remuneration are also protected as well. So there are a number of provisions in the agreement which do ensure that employees are all protected and there's no disadvantage suffered by any employee.

PN23

As to the dispute procedure, we just reassert that the agreement provides that the Commission may deal with any dispute in accordance with the provisions of the Act. So insofar as the Act provides for dispute settlement procedures, well then, the agreement reflects that.

PN24

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Champion. I note that the disputes settlement clause refers the matter to the Commission for conciliation and/or arbitration within the powers under the Act. I'll provide a copy of the transcript to both parties so that that matter is noted should there be any dispute.

PN25

I am happy to certify the agreement from today's date on the basis of the submissions of the parties. The Commission is adjourned and I do apologise again for having kept you waiting.

ADJOURNED INDEFINITELY [3.59pm]