AG2002/4532, Transcript of Proceedings [2002] AIRCTrans 4297 (31 October 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT424

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2002/4532

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the act
by National Union of Workers-Victorian
Branch and Another for certification of The
Nuance Group Melbourne Airport Duty Free
Stores Enterprise Agreement 2001

MELBOURNE

3.43 PM, TUESDAY, 15 OCTOBER 2002

PN1

MS E. RADLEY: If it pleases the Commission I appear on behalf of The Nuance Group.

PN2

MR T. LYONS: If the Commission pleases I appear for the National Union of Workers.

PN3

THE DEPUTY PRESIDENT: Yes, Mr Lyons - - -

PN4

MS RADLEY: Sorry, your Honour.

PN5

THE DEPUTY PRESIDENT: - - - sorry, Mr - Ms Radley, I thought it was your application, Mr Lyons, which was why I asked. It makes no difference.

PN6

MS RADLEY: Your Honour, this application is made under division 2 of Part VIB of the Workplace Relations Act. It is an agreement made between the employer, The Nuance Group Australia Pty Ltd and the National Union of Workers. The employer operates duty free retail and bond stores at Melbourne Airport, trading as Downtown Duty Free. Evidence of the matters, of which the Commission needs to be satisfied in order to certify this agreement, are contained in the statutory declarations filed in support of this application.

PN7

We submit that the - that the agreement meets the no disadvantage test when compared to the Airport Operations International Duty Free Stores Award 2000. Details of that comparison are detailed in the statutory declaration of Ms Christine Stevenson. The comparison shows that the certification of the agreement would not, on balance, result in a reduction in the overall terms and conditions of employment for employees covered by this agreement. Your Honour, I can take you through a run down of some of those details if that would be of assistance.

PN8

THE DEPUTY PRESIDENT: No. Most of it, I have already been through. Thanks.

PN9

MS RADLEY: Thank you, your Honour.

PN10

THE DEPUTY PRESIDENT: The only real issue that I have, Ms Radley, to save you some time is that it is 13 days out of time. I assume that is NUW's fault but you might want to confirm that.

PN11

MS RADLEY: Yes, well, your Honour, we note that the application was filed in excess of the 21 days and we would ask that you would exercise your discretion under 111(1)(r).

PN12

THE DEPUTY PRESIDENT: Is there a reason for it being out of time?

PN13

MS RADLEY: I understand that there was some administrative difficulty. My friend might choose to illustrate.

PN14

THE DEPUTY PRESIDENT: Okay. Thanks, Ms Radley. Thanks, Mr Lyons.

PN15

MR LYONS: Thank you, your Honour. Perhaps if I can take that matter up. I do understand that we will fess up. Your Honour, it was us. The delay was caused by a changeover in the organiser responsible for the site at Melbourne Airport, it is my understanding, and some delay was occasioned in the paperwork. My instructions from the current organiser are that there has been no substantial change in the composition of the workforce since the time of the vote which hopefully my friend can confirm.

PN16

Other than that we rely on the declaration of Mr Donnelly that appears on the file of the Commission and ask that you certify the agreement from today's date. If the Commission pleases.

PN17

MS RADLEY: Yes, your Honour, I am also instructed that there has been no substantial changes in the composition of the workforce.

PN18

THE DEPUTY PRESIDENT: All right. Good thanks, Ms Radley.

PN19

MS RADLEY: Thank you.

PN20

THE DEPUTY PRESIDENT: I have no concerns as far as this agreement is concerned and I am satisfied that it meets all of the requirements of the act so on that basis I can indicate that I will certify the agreement with effect from today's date and, in saying that, I exercise a discretion under 111(1)(r) of the act to extend the time frame to enable certification based upon the submissions of Mr Lyons as to reasons for it being overtime. On that basis the agreement will be certified and will expire on 31 July 2003.

ADJOURNED INDEFINITELY [3.46pm]