AG2001/7934, Transcript of Proceedings [2002] AIRCTrans 454 (18 February 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT02264

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2001/7934

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by the Australian Workers Union for
certification of the Coolclean Cooling Towers
Pty Limited Enterprise Agreement 2001

MELBOURNE

9.59 AM, WEDNESDAY, 30 JANUARY 2002

PN1

MS ANGUS: I appear on behalf of the Australian Workers Union.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, Ms Angus, there is no appearance by the employer.

PN3

MS ANGUS: That is right, your Honour. I wasn't actually expecting them today. This is an application to certify a division 2 agreement, the Coolclean Cooling Towers Enterprise Agreement 2001. It is the submission of the union that all the requirements of the Act have been met in relation to negotiating and approving of this agreement, and that position is outlined in more detail in the certified agreement, but notably the agreement contains a dispute resolution procedure at clause 25.

PN4

It provides for terms and conditions which are superior which are superior to the Base Metal Industry Award and therefore we say passes the no-disadvantage test. It contains a nominal expiry date of 30 November 2003 and was again approved in a manner and explained to employees in a manner that conforms with the requirements of the Act. For all those reasons, your Honour, we say that the terms of the Act have been met, and we seek certification from today's date.

PN5

THE SENIOR DEPUTY PRESIDENT: Ms Angus, at clause 16 of the agreement the copy of the agreement that I have on the file has a crossed-out - in sick leave, crossed-out 5 and 8 in ink inserted. Is that intended to be 8?

PN6

MS ANGUS: Yes, that is intended to be 8, your Honour.

PN7

THE SENIOR DEPUTY PRESIDENT: Thank you. 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 Coolclean Cooling Towers Pty Limited - Enterprise Agreement 2001. I am satisfied that to do so 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 30 November in the year 2003.

ADJOURNED INDEFINITELY [10.01am]