C2002/298, Transcript of Proceedings [2002] AIRCTrans 4490 (13 November 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 2, 16 St George's Tce, PERTH WA 6000
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TRANSCRIPT OF PROCEEDINGS

O/N WT05556

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT BLAIN

AG2002/298

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of
the Act by aiM Maintenance Ltd and
Another for certification of the
aiM Maintenance Ltd (aiM) Agreement
2002

PERTH

3.00 PM, MONDAY, 28 OCTOBER 2002

PN1

MS K.R. TAYLOR: I appear on behalf of the applicants.

PN2

THE DEPUTY PRESIDENT: Thank you Ms Taylor. Would you like to commence.

PN3

MS TAYLOR: Certainly. Thank you. Deputy President Blain, should it please the Commission, at the outset today I would like to address a facsimile sent by your Chambers to AMMA on 24 October regarding two questions to this matter to be heard today. The first point regarded the question if the agreement was signed by a Mr David Osman of aiM Corporation Limited, whereas the statutory declaration states that the employee's name as aiM Maintenance Ltd.

PN4

I wish to confirm the use of the name aiM Corporation was actually a typographical error and that I have a copy of the agreement with the signatory page amended to the correct name of aiM Maintenance Ltd. If the Commission would like, I will pass that up. I also - there were two matters referred to on that facsimile and the second one seeks clarification that Mr Davis Osman is, in fact, an authorised signatory of aiM Maintenance.

EXHIBIT #1 COPY OF AGREEMENT WITH SIGNATORY PAGE AMENDED TO SHOW aiM MAINTENANCE LTD

PN5

MS TAYLOR: The second matter referred to the clarification that Mr Davis Osman is an authorised signatory of aiM Maintenance Ltd. I confirm that Mr Osman is indeed an authorised signatory and I have a letter from Mr Andrew Ellison addressed to Australian Mines and Metals. Mr Andrew Ellison is the director and general manager of aiM Maintenance Ltd and that provides confirmation that Mr David Osman can act on behalf of the company. Thank you.

EXHIBIT #2 LETTER FROM MR ANDREW ELLISON TO AUSTRALIAN MINES AND METALS CONFIRMING MR DAVID OSMAN AS SIGNATORY ON BEHALF OF THE COMPANY

PN6

MS TAYLOR: Thank you. Should it please the Commission, having addressed those two matters from that facsimile,I would like to turn my attention to the application from 170LK agreement by aiM Maintenance Ltd. As - in the Workplace Relations Act 1996, the application has been made under Division 2 of Part V1B of the Act. It has - contains a constitutional corporation, that being aiM Maintenance Ltd, with matters pertaining to the employment relationship for the Kwinana work that aiM Maintenance does. It is part of a single business geographically different, that being down in the Kwinana area.

PN7

The employees all had the agreement for 14 days to peruse before making a vote on the agreement and at that time a valid majority did vote in favour of the agreement. It passes all facets of the no disadvantage test as per the Metal Trades Award and it also contains a dispute settlement at clause 16. The agreement also contains a nominal expiry date of no more than three years from the date of certification. So if it meets the expectation from the Commission, we seek that it should be certified today. Thank you.

PN8

THE DEPUTY PRESIDENT: Thank you Ms Taylor. I would like, first, to thank AMMA on behalf of the applicant for the thorough explanation given to the queries that have been raised. I seek your confirmation in relation to the no disadvantage test that the agreement passes the no disadvantage test as at today's date, as distinct from the date at which the matter was lodged.

PN9

MS TAYLOR: Yes, Senior Deputy President, I have a no disadvantage test calculations that were performed by AMMA on behalf of aiM Maintenance Corporation and that shows the spread sheets including rates, monetary payments between the Metal Trades Award and the aiM Maintenance 170LK as proposed, so if I could hand those up for Commission copy, or do you have a copy of those already?

PN10

THE DEPUTY PRESIDENT: I have a copy of the table which was attached to the correspondence dated 15 October.

PN11

MS TAYLOR: Yes, that is the table.

PN12

THE DEPUTY PRESIDENT: I was just seeking your confirmation that as of today's date as distinct from 15 October that it would be your submission that this agreement does meet the no disadvantage test.

PN13

MS TAYLOR: That is our submission, yes.

PN14

THE DEPUTY PRESIDENT: Thank you. In relation to the agreement that I have marked as exhibit 1 today which you have provided, can I have your confirmation that the only change to that document is clause 20, the signature clause, in accordance with the submission you just made.

PN15

MS TAYLOR: That is correct.

PN16

THE DEPUTY PRESIDENT: Thank you. They are my only queries.

PN17

MS TAYLOR: Thank you very much.

PN18

THE DEPUTY PRESIDENT: I turn now to the formal certification of the agreement. I note that this is an application pursuant to Part V1B Division 2 section 170LK of the Workplace Relations Act 1996 to certify an agreement to be known as the aiM Maintenance Ltd Agreement 2002. Having heard Ms K. Taylor on behalf of aiM Maintenance Ltd, and having read the statutory declarations of Mr N. Donkin and Mr D. Osman, on behalf of aiM Maintenance Ltd., and Ms C. Werlock, Mr R. Hodgson and Mr A. Blankendaal, on behalf of the employees, I am satisfied that the agreement filed relates to a constitutional corporation, namely aiM Maintenance Ltd, ACN 086972401.

PN19

I am also satisfied as to the following. The agreement passes the no disadvantage test. The agreement was made in accordance with section 170LK and a valid majority of persons employed at the time whose employment would be subject to the agreement, genuinely approved the agreement. The explanation of the terms of the agreement was appropriate. The agreement includes procedures for preventing and settling disputes between the employer and the employees whose employment would be subject to the agreement and the agreement specifies a nominal expiry date not more than three years after the date on which the agreement will come into operation.

PN20

I am further satisfied that there are no reasons set out in section 170LU of the Act why I should refuse to certify the agreement. Accordingly,the agreement will be certified with effect from 28 October 2002 to operate in accordance with its terms from the same date. The formal certificate will issue in due course. I adjourn this hearing.

ADJOURNED INDEFINITELY [3.07pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #1 COPY OF AGREEMENT WITH SIGNATORY PAGE AMENDED TO SHOW aiM MAINTENANCE LTD PN5
EXHIBIT #2 LETTER FROM MR ANDREW ELLISON TO AUSTRALIAN MINES AND METALS CONFIRMING MR DAVID OSMAN AS SIGNATORY ON BEHALF OF THE COMPANY PN6