AG2001/8052, Transcript of Proceedings [2002] AIRCTrans 466 (18 February 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N VT02266

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2001/8052

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Trickburn Properties Pty Limited for
certification of the Trickburn Properties
Pty Limited and CFMEU-FFTS Enterprise
Bargaining Agreement 2001

MELBOURNE

10.04 AM, WEDNESDAY, 30 JANUARY 2002

PN1

MR P. EBERHARD: I am from VECCI appearing on behalf of the company, Trickburn Properties Pty Limited.

PN2

MR D. HANNISH: I am from the CFMEU-FFTS Division, representing the workers.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes.

PN4

MR EBERHARD: Your Honour, firstly I think we need to make application under 111(1)(r) to extend the prescribed time frame for lodgment of the agreement. Basically there seems to have been some administrative difficulties in regard to the company finalising the statutory declaration, then returning it to VECCI, VECCI then putting it across to the CFMEU, the CFMEU then returning it back to us and us then lodging it in the Commission.

PN5

That, combined with the fact that Mr Warren West, who is actually the officer from VECCI who is responsible for the construction and building industry, has been on leave for a period of time now of about five weeks, and I think also that the agreement may well have sat on his desk for a couple of days whilst I myself was on leave, all conspired that we did not satisfy the criteria in the Act in regard to the 21 days, and I would ask that the Commission grant an extension of time with respect to that.

PN6

With respect to the agreement itself, this is an agreement for certification of the Trickburn Properties Pty Limited and CFMEU-FFTS Division Enterprise Bargaining Agreement 2001. The Commission should have on file a copy of the agreement itself, together with the necessary statutory declarations from both the company, Trickburn Properties Pty Limited, and also from the CFMEU-FFTS Division. We would submit that the agreement and the statutory declaration satisfy the criteria in the Act, and unless there are any questions we would ask that the Commission certify the agreement.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes.

PN8

MR HANNISH: Yes, Commissioner. Because of internal difficulties that we have with the FFTS at present, all our EBAs need to be signed in Sydney by John Maitland, so I concur with VECCIs submission with regard to extending the period. There is not much we can do about that, unfortunately, but sometimes John Maitland is not around when we need him, and also with Christmas and all that sort of thing it has thrown everything out of whack, so we seek that this certification takes place, if the Commission pleases.

PN9

THE SENIOR DEPUTY PRESIDENT: We will go into conference.

OFF THE RECORD

PN10

THE SENIOR DEPUTY PRESIDENT: Gentlemen, I am concerned about clause 12.1 of the agreement which concerns a bargaining agent's fee in light of recent court decision in the matter. What I propose to do is adjourn this matter so the parties can consider their options in respect of the agreement having regard to that concern.

ADJOURNED INDEFINITELY [10.12am]