AG2002/4419, Transcript of Proceedings [2002] AIRCTrans 4106 (18 October 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


AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2002/4419

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by La Trobe University trading as
La Trobe University Union and Others
for certification of the La Trobe University
Union Enterprise Bargaining Agreement 2001

MELBOURNE

9.50 AM, THURSDAY, 3 OCTOBER 2002

PN1

MR A. HOGAN: I am Industrial Relations Officer for La Trobe University.

PN2

THE DEPUTY PRESIDENT: Is someone appearing for the union?

PN3

MS C. DANAHER: I appear today on behalf of the National Tertiary Education Union.

PN4

MR T. VEENENDAAL: I appear for the Australian Liquor, Hospitality and Miscellaneous Workers Union.

PN5

THE DEPUTY PRESIDENT: Who is going to speak to the agreement?

PN6

MR HOGAN: If it please the Commission, I will present the opening statements. I will just provide a brief outline of the agreement. The proposed agreement stems from the La Trobe University Enterprise Bargaining Agreement 2001, which I shall refer to as the main agreement. I have a certified copy of this for your convenience, if you like.

PN7

THE DEPUTY PRESIDENT: Thank you.

PN8

MR HOGAN: The main agreement was used as the framework upon which the operationally distinct requirements were developed entailed to meet the needs of the La Trobe University Union. It may be of significance to explain that the La Trobe University Union is a social and cultural centre of the university. It provides a wide range of facilities and services for the campus community. These include, but are not limited to, the operation of a fully licensed bar, food and beverage services, the hire of academic gowns, function facilities, student employment services and organising entertainment and events, to name only a few.

PN9

The La Trobe University Union is a university owned commercial enterprise operated by the university and managed by a board of management. The union is an operationally distinct area in that the nature of the work carried out does not relate to the provision of teaching or carrying out research and does not carry out administrative work or other functions to support academic work. We do point out that the staff of the union are university employees. The salaries and salary increases in the proposed EB made for the union are the same as the salaries and salary increases in the La Trobe agreement as are the majority of other conditions.

PN10

Having said that the main areas of change are restricted to the following three areas. Firstly, all clauses and references specific to academic staff have been removed. Secondly, the clause pertaining to seasonal part time employment has been developed in response to the nature of employment during semester breaks for catering, ordering and cleaning employees. And, finally, the dispute resolution clause, provides for a small committee which is more appropriate to the workplace with only 100 or so staff. Your Honour, in seeking certification of the agreement today we rely on our statutory declaration and commend the agreement to the Commission. Accordingly, the university seeks your certification of the agreement.

PN11

THE DEPUTY PRESIDENT: Thank you. Mr Danaher, do you wish to add anything?

PN12

MS DANAHER: Nothing else, your Honour, apart from the fact that we also recommend the agreement to the Commission.

PN13

THE DEPUTY PRESIDENT: Okay.

PN14

MR VEENENDAAL: We support the submissions of the employer, your Honour. And I just indicate that in terms of the requirements of the Act we rely on the statutory declaration filed on the 9th - or declared on 9 September and filed with the application. Thank you, your Honour.

PN15

THE DEPUTY PRESIDENT: For the benefit of the parties, I have been through the agreement, and you will be pleased to know - although it did take some reading - I have no queries that I wish to raise with you. Accordingly, pursuant to section 170LJ of the Workplace Relations Act the agreement to be known as the La Trobe University Union Enterprise Bargaining Agreement 2001 - is it still called 2001 - yes - can be certified. The parties to the agreement are found at clause 4, I think it was, of the agreement. The National Tertiary Education Union and the Australian, Liquor, Hospitality and Miscellaneous Workers Union and La Trobe University and employees covered by the classifications therein.

PN16

The parties have provided the necessary statutory declarations and accordingly the agreement can be certified. It comes into effect from today's date and remains in force until 30 June 2003. That agreement is hereby certified. Thank you.

ADJOURNED INDEFINITELY [9.55am]