AG2002/4599, Transcript of Proceedings [2002] AIRCTrans 4539 (15 November 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT612

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2002/4599

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Sunbeam Foods Pty Limited and
Another for certification of the Sunbeam
Foods Processing Certified Agreement
2002-2005

MELBOURNE

2.49 PM, THURSDAY, 31 OCTOBER 2002

PN1

MR T. HALLS: I appear for the Australian Industry Group on behalf of Sunbeam Foods Pty Limited.

PN2

MS Z. ANGUS: I appear on behalf of the AWU.

PN3

THE SENIOR DEPUTY PRESIDENT: Mr Halls.

PN4

MR HALLS: Thank you, your Honour. Your Honour, you have before you an application made under division 2 of part VIB of the Act for certification of an agreement made in accordance with section 170LJ. The terms of the agreement were reached between the company and AWU, on behalf of the employees, which are covered by the Horticultural Industry (AWU) Award 2000 and the Metal, Engineering and Associated Industries Award 1998 Part 1. The parties have prepared statutory declarations, which are believed to meet all of the requirements of the Act, regulations and rules of the Commission.

PN5

We further submit that all of the requirements of section 170LJ and 170LT have been met, specifically that the agreement being submitted does not disadvantage any of the employees for which it covers. A valid majority of employees genuinely approved the agreement on 17 September 2002. Access to the agreement and an explanation of the terms of the agreement, occurred in accordance with the requirements of section 170LR and it was appropriate having regard to the particular circumstances of the employees for which it covers.

PN6

Dispute procedures resides at clause 14 of the agreement and the period of operation of the agreement is set out in clause 4 where it is stated that the agreement will expire on 31 October 2005. I understand it it is also agreed between the parties that schedule A would not actually be included on the public record and would be kept confidential. Subject to any further questions or concerns that the Commission has, we would seek to have the agreement certified in the terms sought.

PN7

THE SENIOR DEPUTY PRESIDENT: Is it schedule A or schedule 1?

PN8

MR HALLS: My apologies, your Honour. Schedule 1.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, Ms Angus.

PN10

MS ANGUS: Yes, your Honour. The AWU would support the submissions made by Mr Halls on behalf of the company, and we also seek that the agreement be certified.

PN11

THE SENIOR DEPUTY PRESIDENT: And you are content for schedule 1 to be deleted from the part of the agreement?

PN12

MS ANGUS: It seems to be a particular quirk of a number of Mildura sites that they seek this rather sort of strange practice, but we don't oppose it as long as the schedule 1 is actually maintained on the Commission's file and we also have a copy.

PN13

THE SENIOR DEPUTY PRESIDENT: All right. Okay. So when the agreement is published it should be without schedule 1.

PN14

MS ANGUS: I understand that that is what is intended.

PN15

THE SENIOR DEPUTY PRESIDENT: Very well. Well, 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 Sunbeam Foods Processing Certified Agreement 2002-2005. 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 - I think technically it should come into force from tomorrow - and remain in force until 31 October 2005. So it is a three year agreement. Are you happy with that?

PN16

MR HALLS: Your Honour, given that the Act doesn't allow an agreement to extend for more than three years we certainly would have a problem with that.

PN17

MS ANGUS: Well, I haven't done the maths, but that is not more than three years, is that correct?

PN18

THE SENIOR DEPUTY PRESIDENT: If it comes in tomorrow, it is okay.

PN19

MS ANGUS: In which case we would seek to have it certified from tomorrow's date.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes. I will now adjourn.

ADJOURNED INDEFINITELY [2.54pm]