AG2002/5188, Transcript of Proceedings [2002] AIRCTrans 4368 (8 November 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT476

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2002/5188

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Shop, Distribution and Allied Employees
Association - Victorian Branch and Another
for certification of the e.colesmyer Pty Ltd
Customer Care Centre Agreement 2002

MELBOURNE

11.52 AM, MONDAY, 21 OCTOBER 2002

PN1

MR A. BURKE: I appear on behalf of the Shop, Distributive and Allied Employees Association.

PN2

MS C. DAVALL: I appear today on behalf of the company and with me today is MR A. YOUANIDES.

PN3

THE DEPUTY PRESIDENT: Thank you. Yes, Mr Burke.

PN4

MR BURKE: Thank you, your Honour. If the Commission pleases, application has been made to certify the Shop, Distributive and Allied Employees Association e.colesmyer Pty Ltd Customer Care Agreement 2002 under section 170LJ. The application was made within 21 days after the agreement was approved. A statutory declaration has been signed by Mr Gary Ward, Acting State Secretary of the SDA in relation to this application. It outlines that at least 14 days prior to approval being given, all employees were given ready access to the agreement and the SDA relies upon that statutory declaration in this application.

PN5

A valid majority of employees have approved the agreement. There is no disadvantage to employees with the agreement - the new agreement as is highlighted by the annexures of the statutory declaration. It has been approved by a valid majority in accordance with section 170LT(5). An explanation of the agreement was made in the appropriate way in accordance also with the Act. A nominal expiry date of 1 April 2003 has been set. Unless the Commission has any questions in what I have said already, I understand there is a matter in relation to clause 41 - - -

PN6

THE DEPUTY PRESIDENT: Yes, clause 41.

PN7

MR BURKE: Clause 41.

PN8

THE DEPUTY PRESIDENT: Yes.

PN9

MR BURKE: In relation to that, that is a standard clause that we have in many of our agreements, however in relation to that, as we understand it, the Commission would like to know if we are prepared to give an undertaking in relation to that clause and in relation to that, we give an undertaking that for the duration of the agreement, the SDA will not seek to rely upon or enforce clause 41, the relevant provisions of clause 41, if the Commission pleases.

PN10

THE DEPUTY PRESIDENT: Yes, okay, thank you, Mr Burke.

PN11

MR BURKE: In relation to that, we seek the certification of the agreement, if the Commission pleases.

PN12

THE DEPUTY PRESIDENT: Yes, Ms Davall.

PN13

MS DAVALL: Thank you, your Honour. This is an application for certification of an agreement pursuant to section 170LJ of the Workplace Relations Act. The agreement is, as outlined by Mr Burke, the e.colesmyer Pty Ltd Customer Care Centre Agreement 2002. We believe all the appropriate documentation as required by the Workplace Relations Act was filed with the Registry on 27 September 2002. I am happy to answer any questions that your Honour might have in relation to any aspects of the application before the Commission.

PN14

In relation to clause 41 of the agreement, e.colesmyer Pty Ltd is prepared to provide the following undertaking in accordance with section 170LV subsection 1(a) of the Workplace Relations Act, that is e.colesmyer will not seek to rely on nor enforce clause 41 of the e.colesmyer Customer Care Centre Agreement 2002. If it pleases the Commission.

PN15

THE DEPUTY PRESIDENT: Yes, thank you, Ms Davall. My concerns with clause 41 I think only pertain to a part of that particular clause so I will take the undertakings given by the party as only applying to that part of the clause which may arguably offend part 10A of the Act which is the freedom of association provisions of the Act. Based upon the documentation received, based upon the undertakings given by both of the parties pertaining to part of clause 41 of the agreement and based upon the submissions made today, I am prepared to certify the e.colesmyer Pty Ltd Customer Care Centre Agreement 2002 with effect from today's date. The agreement will expire on 1 April 2003. The matter is adjourned. Thank you.

ADJOURNED INDEFINITELY [11.56am]