AG2002/4443, Transcript of Proceedings [2002] AIRCTrans 4117 (18 October 2002)

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TRANSCRIPT OF PROCEEDINGS


AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2002/4443

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the
Act by Bio-Lab Australia Pty Ltd for
certification of the Bio-Lab Australia
Pty Ltd Certified Agreement 2002

MELBOURNE

11.39 AM, THURSDAY, 3 OCTOBER 2002

PN1

MR H. MITCHELL: I appear on behalf of Bio-Lab Australia Pty Ltd in conjunction with MR P. WINTERBOURNE, the Operations Manager and MR S. CROMB, a representative of the employees.

PN2

THE DEPUTY PRESIDENT: Okay, thank you. Did you want to speak to the agreement?

PN3

MR MITCHELL: Deputy President, this is an application for certification of an agreement made under section 170LK of the Act. There was no employee organisation involved. Negotiations were conducted between the company and the employees and I acted as a facilitator for the operation and after numerous meetings and reports back to the other employees, an agreement was reached. That agreement was put before a meeting of employees after being in their possession for over two weeks and at a meeting on 2 September a vote was taken - an explanation was made of each of the clauses in great detail and then a vote was taken and a valid majority of 11 to 4 voted in favour of the agreement.

PN4

THE DEPUTY PRESIDENT: It refers very much back to the terms of the award.

PN5

MR MITCHELL: Yes, it does.

PN6

THE DEPUTY PRESIDENT: Yes.

PN7

MR MITCHELL: It is a sort of add on to the award, some specific items - - -

PN8

THE DEPUTY PRESIDENT: All those KPI things etcetera on the top, yes.

PN9

MR MITCHELL: Some specific items relevant to the company.

PN10

THE DEPUTY PRESIDENT: Yes.

PN11

MR MITCHELL: So we ask the Commission to certify the agreement under that provision of the Act. Thank you.

PN12

THE DEPUTY PRESIDENT: And none of the employees wanted the union to represent them?

PN13

MR MITCHELL: No, apparently there are no union employees and they were aware that the union could be there but nobody requested them.

PN14

THE DEPUTY PRESIDENT: Yes. It is just that the union rates a couple of mentions in the agreement.

PN15

MR MITCHELL: Yes.

PN16

THE DEPUTY PRESIDENT: But that is for the future, is it, perhaps?

PN17

MR MITCHELL: That is because it is part of the award.

PN18

THE DEPUTY PRESIDENT: Yes.

PN19

MR MITCHELL: Yes.

PN20

THE DEPUTY PRESIDENT: Okay, all right, that is the reason for that. Okay. I have been through the agreement and because I don't have any yellow stickers I obviously don't have any questions. Yes. No, that is all right, I had difficulty finding the rates of pay but when I read it properly I found them without any trouble.

PN21

MR MITCHELL: Yes.

PN22

THE DEPUTY PRESIDENT: So that is fine. All right. That is it, thank you. You represented the employees?

PN23

MR CROMB: Yes, that is right.

PN24

THE DEPUTY PRESIDENT: And you can tell me that you are satisfied that they all understand what the agreement provides. As I noted it refers very much back to the award with some goodies on top if they are met.

PN25

MR CROMB: Yes.

PN26

THE DEPUTY PRESIDENT: Yes. And as far as you are concerned all of the employees entered into the agreement of their own free will?

PN27

MR CROMB: Certainly did, yes.

PN28

THE DEPUTY PRESIDENT: There was no pressure, duress, all those things?

PN29

MR CROMB: No, we had a secret ballot vote, if you like, in relation to whether, after having everything explained to them - - -

PN30

THE DEPUTY PRESIDENT: Yes.

PN31

MR CROMB: - - - whether they were prepared to accept it or not.

PN32

THE DEPUTY PRESIDENT: Right. And the valid majority voted in favour of it?

PN33

MR CROMB: That is right.

PN34

THE DEPUTY PRESIDENT: All right. That is all.

PN35

MR CROMB: Thank you.

PN36

THE DEPUTY PRESIDENT: Thank you. Okay. This is an application pursuant to section 170LK of the Workplace Relations Act for certification of an agreement to be known as the Bio-Lab Australia Pty Ltd Certified Agreement 2002. The parties to the agreement are Bio-Lab Australia Pty Ltd and those employees covered by the classifications found in the agreement. The parties have provided the necessary statutory declarations and I am satisfied have met the requirements of the Act.

PN37

An order will issue to take effect from today's date and remain in force until 31 December 2003. I note the agreement came into effect from 1 May of this year. That agreement is hereby certified. This matter is adjourned and the Commission resumes at 2 pm. Thank you.

ADJOURNED INDEFINITELY [11.44pm]