AG2002/5808, Transcript of Proceedings [2002] AIRCTrans 4760 (29 November 2002)

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Level 10, MLC Court 15 Adelaide St BRISBANE Qld 4000
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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HODDER

AG2002/5808

APPLICATION FOR CERTIFICATION OF AGREEMENT

Application under section 170LK of the Act
by Ocean Spirit Cruises Pty Ltd for certification
of the Ocean Spirit Cruises Certified Agreement 2002

BRISBANE

10.33 AM, THURSDAY, 14 NOVEMBER 2002

PN1

THE COMMISSIONER: Can we have appearances, please.

PN2

MR P. KNIGHT: If the Commission pleases, my name is P. Knight from the Queensland Chamber of Commerce and Industry appearing on behalf of Ocean Spirit Cruises.

PN3

THE COMMISSIONER: Thank you. And Mr O'Brien, you are on the phone, are you?

PN4

MR D. O'BRIEN: Hello?

PN5

THE COMMISSIONER: Hello. Mr O'Brien, is it?

PN6

MR D. O'BRIEN: That's right. Yes, my name is David O'Brien.

PN7

THE COMMISSIONER: Yes, thank you. You are the employee representative in relation to Spirit Cruises?

PN8

MR O'BRIEN: Ocean Spirit Cruises.

PN9

THE COMMISSIONER: Ocean Spirit Cruises.

PN10

MR O'BRIEN: Yes, that's correct.

PN11

THE COMMISSIONER: Thank you. If you just listen to the proceedings, Mr O'Brien, I will come back to you shortly. Thank you.

PN12

MR O'BRIEN: Certainly.

PN13

THE COMMISSIONER: Thank you. Mr Knight.

PN14

MR KNIGHT: Thank you, Commissioner. My instructions are quite clear, Commissioner. The stat dec which has accompanied the agreement clearly spell out, or has addressed the requirements and obligations of the Act in regard to the certification of the agreement. Further, it is my understanding, Commissioner, that the Cairns office has forwarded to the Commission the comparative chart which indicates the differences between the award and the agreement from the point of view of the no disadvantage test.

PN15

THE COMMISSIONER: Yes.

PN16

MR KNIGHT: And I understand that they are with the Commission. On the basis that the stat dec has indicated all the issues have been complied with and also for the purposes of the no disadvantage, the comparative data has been produced, we would be commending that the agreement be certified from today's date. If the Commission pleases.

PN17

THE COMMISSIONER: In terms of clause 2.3(e) which deals with the way in which matters not capable of resolution between the parties may be referred to the Australian Industrial Relations Commission or to an Industrial Magistrate. An Industrial Magistrate could hardly deal with matters involved in Federal jurisdiction.

PN18

MR KNIGHT: I would concur with that, Commissioner. I would be - well, Commissioner, my advice to the company concerned was that would be that we produce or provide to the Commission an amended copy of that particular - - -

PN19

THE COMMISSIONER: Well, you can't change the agreement but you could provide a letter of understanding between yourself and the employees that matters of that order would be referred to the Australian Industrial Relations Commission and how do the parties intend for the Commission to deal with unresolved matters? How were they going to empower the Commission to deal with them?

PN20

MR KNIGHT: My understanding is, Commissioner, these matters would be placed before the Commission within the terms of the Act including, as I understand it, the requirements of Section 111AA.

PN21

THE COMMISSIONER: I see. Okay. Yes, thank you.

PN22

MR KNIGHT: Thank you, Commissioner.

PN23

THE COMMISSIONER: Mr O'Brien?

PN24

MR O'BRIEN: Yes.

PN25

THE COMMISSIONER: You have heard the conversation I have had with Mr Knight?

PN26

MR O'BRIEN: That's right. Yes. There was a query about 23 section E.

PN27

THE COMMISSIONER: Yes.

PN28

MR O'BRIEN: In relation to if the matter is not resolved by mediation, then the matter would be referred to the Australian Industrial Relations Commission.

PN29

THE COMMISSIONER: Yes.

PN30

MR O'BRIEN: And so, from what I understand, that's perhaps not so appropriate here?

PN31

THE COMMISSIONER: Well, no, the Industrial Magistrate is not appropriate.

PN32

MR O'BRIEN: The Industrial Magistrate is not appropriate.

PN33

THE COMMISSIONER: Yes, an Industrial Magistrate is a state - an officer of the state, not the Federal government.

PN34

MR O'BRIEN: Right.

PN35

THE COMMISSIONER: He wouldn't be empowered to deal with matters under the Federal jurisdiction, you see, so the matter should be coming to the Commission for determination under Section 111AA.

PN36

MR O'BRIEN: Okay.

PN37

THE COMMISSIONER: Okay.

PN38

MR O'BRIEN: So that's - - -

PN39

THE COMMISSIONER: All right, now - - -

PN40

MR O'BRIEN: Some sort of note should be made about - - -

PN41

THE COMMISSIONER: We will get something in writing from Mr Knight which you can sign off on as well.

PN42

MR O'BRIEN: Okay.

PN43

THE COMMISSIONER: Okay, now, were you and the people that you represent in the negotiations satisfied with the nature of and the level of information that you were provided with as to the make up of this certified agreement?

PN44

MR O'BRIEN: Yes.

PN45

THE COMMISSIONER: Now, were you and the other employees you represent satisfied with any answers provided as to any queries they may have raised or questions they had about the make up of the agreement?

PN46

MR O'BRIEN: All the questions we asked were answered.

PN47

THE COMMISSIONER: All right. So you were satisfied with the level of communication and the advice provided?

PN48

MR O'BRIEN: Sometimes we had sticky moments.

PN49

THE COMMISSIONER: I am not worried about sticky moments.

PN50

MR O'BRIEN: Yes.

PN51

THE COMMISSIONER: We all have those.

PN52

MR O'BRIEN: Yes, that's right.

PN53

THE COMMISSIONER: All I am concerned that - - -

PN54

MR O'BRIEN: So, yes, the answer is yes.

PN55

THE COMMISSIONER: Okay, good. Thank you very much. On that basis, then, subject to receiving some written confirmation, Mr Knight, as to the intention of the parties as to the dispute resolution procedure, the Commission is satisfied that the parties have met the statutory obligations imposed upon them by way of the Workplace Relations Act and, according to Section 170LT of such Act, the Commission certifies the written agreement between the parties. This agreement shall come into force from 14 November 2002 and shall remain in force until 20 October 2004. I shall now adjourn that proceeding.

ADJOURNED INDEFINITELY [10.39am]