AG2002/5644, Transcript of Proceedings [2002] AIRCTrans 4637 (18 November 2002)

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TRANSCRIPT OF PROCEEDINGS

O/N 8928

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2002/5644

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by Tilford Pty Limited and others for
certification of the Tilford Pty Limited
Superannuation Enterprise Agreement 2002

HOBART

2.02 PM, WEDNESDAY, 6 NOVEMBER 2002

PN1

MR R. ROLLINS: I appear on behalf of Tilford Pty Limited and with me today I have MR J. ROOKE from Tilfords.

PN2

THE DEPUTY PRESIDENT: Thank you, and you two are appearing on behalf of the employees; is that correct?

PN3

MR KOROTKI: Yes,

PN4

THE DEPUTY PRESIDENT: Okay. Mr Rollins?

PN5

MR ROLLINS: Thank you. In this matter we are seeking certification of a section 170LK agreement under the Workplace Relations Act with employees known as the Tilford Pty Limited Superannuation enterprise Agreement 2002. This agreement simply allows employees to choose which superannuation fund they wish their employer paid contributions to be paid into. We believe that this agreement is not contrary to the public interest and that a valid majority of persons employed at the time whose employment could be subject to the agreement have genuinely made this agreement.

PN6

This agreement only seeks to modify one clause of the applicable Act and all other terms and conditions of employment will remain as per the award. There is one matter that I wish to raise and that is that the agreement is some period out of time as per the 21 days under the Act. There were some difficulties in completing required paper work combined with a new time period of annual leave on my behalf so that is - - -

PN7

THE DEPUTY PRESIDENT: That is not allowed.

PN8

MR ROLLINS: I know, I don't even know how I manage to get annual leave but still take it when it comes along.

PN9

THE DEPUTY PRESIDENT: Maybe the last one you will get.

PN10

MR ROLLINS: So we would like to give the assurance that the composition of the workforce has not changed since the ballot and we would ask if it is at all possible to exercise your discretion to allow the application to proceed today. In terms of an operation date we would seek if it is at all possible for administrative purposes to seek an operative date at 1 June 2002 which was the start of this financial year.

PN11

THE DEPUTY PRESIDENT: The agreement refers to 1 October but for administration purposes you want it 1 June?

PN12

MR ROLLINS: That is my understanding; correct?

PN13

MR ROOKE: Yes, for the financial year - - -

PN14

MR ROLLINS: Yes, yes, that would be appreciated. Thank you.

PN15

THE DEPUTY PRESIDENT: All right, thank you. Normally when I have a section 170LK agreement which is with the employees and no union representation I have to interrogate the employees to make sure that they understand the terms of the agreement, that they are satisfied that all of the other employees also understand the agreement and that you have gone into it of your own free will and haven't been placed under any duress. As it is only a single issue agreement I presume the answer to that is that you have entered into it of your own free will, everybody understands what it is - I understand what it is so I presume everybody else understands what it is, it is merely a superannuation agreement; that is correct?

PN16

MR KOROTKI: Yes, that is correct.

PN17

THE DEPUTY PRESIDENT: And you are satisfied everyone knows what they have signed up for?

PN18

MR KOROTKI: Yes.

PN19

MR JONES: Yes.

PN20

THE DEPUTY PRESIDENT: And it is a benefit to them from my reading of it.

PN21

MR JONES: Yes, true.

PN22

THE DEPUTY PRESIDENT: Okay. On that basis this is an application pursuant to 170LK of the Workplace Relations Act for certification of the Tilford Pty Limited Superannuation Enterprise Agreement 2002. The parties to the agreement are Tilford, the company and all employees subject to the terms of the agreement. Pursuant to section 111R I will exercise my discretion in respect to the out of time application. There have been administrative reasons why that is so and there are several pages of signatures that had to be sought amongst other things.

PN23

The agreement - or the parties have provided the necessary statutory declarations and as such I am satisfied the requirements of the Act have been met. The agreement for administrative purposes takes effect from 1 June 2002 but remains in force for three years from 1 October 2002; is that how you want to do it?

PN24

MR ROLLINS: Yes, thank you.

PN25

THE DEPUTY PRESIDENT: All right. An order will issue today which will remain in force until 30 September 2005 but as noted form administrative purposes, 1 June 2002 is the operative date. That agreement is certified.

ADJOURNED INDEFINITELY [2.08pm]