AG2002/13, Transcript of Proceedings [2002] AIRCTrans 381 (11 February 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT McCARTHY

AG2002/13

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by the Perth Jewish Aged Home Society Inc
for certification of the Perth Jewish Aged
Home Society Inc Registered Nurses
Agreement 2001

PERTH

10.23 AM, THURSDAY, 24 JANUARY 2002

PN1

MR L.H. JOYCE: I appear on behalf of the Jewish Aged Home Society Incorporated.

PN2

THE DEPUTY PRESIDENT: There are no appearances from the workers. Can you run me through this Mr Joyce?

PN3

MR JOYCE: Yes, your Honour, I can. Your Honour, ordinarily it would be our practice to have representatives from the employer and from the staff here at the certification proceedings, but due to absences on leave that's not possible, so hence I am here by myself this morning. Your Honour, this is an application under Division 2 of the Act, for certification of the Perth Jewish Aged Home Society Incorporated, Registered Nurses Agreement 2001. The agreement covers some six registered nurses employed by Perth Jewish Aged Homes Society.

PN4

Your Honour, the actual name of the facility itself and the name cited in the award as the respondent's name, is the David, Gita and Michael Hoffman Nursing Home. There was some question, I understand, of the reference made to the relevant award in the statutory declaration, but that's the reason for the variation. The agreement itself, your Honour, was negotiated directly with all six nursing staff. The statutory declaration for the employees was completed by a Janet Patricia Clark, who is actually Nurse/Manager at the facility.

PN5

The agreement itself provides for an 11 per cent wage increase to staff, it also allows for such things as salary packaging and also provides some more flexible annual leave facilities for the employees themselves. The agreement was presented to the employees and was approved by a valid majority of the staff and was lodged within the necessary 21-day time period. Other than that your Honour, unless you have any questions of me that's where I would leave my submissions.

PN6

THE DEPUTY PRESIDENT: The only question I do have is with respect to compliance with the no disadvantage test in the statutory declaration, refers to the overtime clause being substantially altered, but to the change in those provisions being recognised through increases in other terms and conditions. Can you just amplify on that for me?

PN7

MR JOYCE: Yes, your Honour, the counter balance from the organisation's perspective, was the fact that a wage increase to, I think it was 12 per cent actually, so I didn't need the statutory declaration, was allowed for. It also inserts study leave provisions which I understand are more generous or in fact inserts study leave provisions into the terms and conditions of the employees. In relation to annual leave, there was also the ability for employees, who work regularly rostered on Sundays and work 31 Sundays in the course of a year, would actually gain an additional five days leave and on that basis your Honour the agreement was presented to the employees for their consideration.

PN8

In relation to the overtime provisions themselves, the provisions now in place would allow for the payment of overtime at the rate of time and a half for the first 3 hours and double time there after. And there is also the ability for credited time off in lieu where that departs from the usual award conditions. And there is also in the agreement at sub clause (11) for overtime not actually commencing until after 30 minutes has been completed so any time within that 30-minute bracket wouldn't actually attract the overtime penalty payments. And your Honour, that's as I understand the - - -

PN9

THE DEPUTY PRESIDENT: So what you're saying, taken as a whole it's to the advantage of the workers concerned?

PN10

MR JOYCE: Yes, your Honour, that's certainly correct.

PN11

THE DEPUTY PRESIDENT: Okay. Well thanks, Mr Joyce. I will duly certify this agreement as it does comply with the no disadvantage test, the statutory declarations and what you have said this morning indicate very clearly that it complies with the requirements of the Act and there is nothing in the agreement that conflicts with any other of the requirements of the Act. On that basis, I will certify the agreement and the paperwork will flow in due course. So this matter is now adjourned.

ADJOURNED INDEFINITELY [10.23am]