AG2001/7920, Transcript of Proceedings [2002] AIRCTrans 445 (18 February 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT02276

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2001/7920

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LS of the Act
by Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union and
Another for certification of Frankipile
Collective Workshop Bargaining Agreement 2001

MELBOURNE

11.14 AM, WEDNESDAY, 30 JANUARY 2002

PN1

MS R. JASTRZEBSKI: I appear for the Australian Manufacturing Workers Union.

PN2

THE SENIOR DEPUTY PRESIDENT: There is no employer appearance in this matter. Yes.

PN3

MS JASTRZEBSKI: This is an application made under division 3, section 170LS of the Workplace Relations Act, an agreement between Frankipile Australia Proprietary Limited and the AMWU. This agreement was made to prevent an industrial situation from giving rise to an industrial dispute. The agreement was approved by a valid majority of employees on 29 November 2001. It is underpinned by a relevant award, the Metal, Engineering and Associated Industries Award. It contains procedures for the prevention and settlement of disputes and has a nominal expiry date of 31 March 2003. We believe the requirements of the Act have been met and believe that the statutory declarations support that, and request that this be certified.

PN4

THE SENIOR DEPUTY PRESIDENT: And clause 21 only operates with the authority of the relevant employee?

PN5

MS JASTRZEBSKI: Yes, that is right.

PN6

THE SENIOR DEPUTY PRESIDENT: I will go into conference.

OFF THE RECORD

PN7

THE SENIOR DEPUTY PRESIDENT: Having regard to the material contained on the file in this matter and also the submissions put to me, I am satisfied I should certify the agreement known as the Frankipile Collective Workshop Bargaining Agreement 2001. I am satisfied that to do so will be consistent with the requirements of the Act and the regulations. The certification of the agreement will come into force from today's date and remain in force until 31 March 2003.

ADJOURNED INDEFINITELY [11.15am]