AG2002/5319, Transcript of Proceedings [2002] AIRCTrans 4857 (4 December 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT814
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS
SENIOR DEPUTY PRESIDENT KAUFMAN
COMMISSIONER CRIBB

AG2002/5319

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LC of the Act
by CPSU, The Community and Public Sector Union
for certification of the Regional Councils of
Adult, Community and Further Education Agreement 2002

MELBOURNE

10.00 AM, WEDNESDAY, 20 NOVEMBER 2002

PN1

MR M. PERICA: I appear with my colleague, MR D. CHEESEMAN, for the CPSU.

PN2

MR P. WARMINGTON: I appear with MR J. KEATING on behalf of the Regional Councils of Adults, Community and Further Education.

PN3

SENIOR DEPUTY PRESIDENT WILLIAMS: Yes, Mr Perica.

PN4

MR PERICA: If the Bench pleases. This is an application for a multi-business agreement in relation to nine Regional Councils of the Adult, Community and Further Education that employ 31 employees. The proposed multiple business agreement is a replacement for an existing multiple business agreement that has expired.

PN5

The Bench will see that two form R28 statutory declarations have been filed, one of Mr Paul Warmington of 22 October 2002 and one of Mr Jim Walton for the union of 21 October. I won't take you to those.

PN6

Essentially, we submit that the formal and substantive requirements, the normal formal and substantive requirements of the Act in relation to the certification agreement are dealt with in those and we say that those are all made out by those stat decs.

PN7

There is also a statutory declaration, which I will take you to, of my colleague at the bar table, Paul Warmington, which was signed on 22 October 2002, which I will take you to. I have three copies. Does the Bench - - -

PN8

SENIOR DEPUTY PRESIDENT WILLIAMS: It appears on the file.

PN9

MR PERICA: Now, that - - -

PN10

SENIOR DEPUTY PRESIDENT WILLIAMS: And has attached to it the statutory declaration in the earlier proceedings.

PN11

MR PERICA: Yes, that is right. The 22 October statutory declaration is very much an update on what has happened since the last application was made to the Commission. I won't take you to that but what has changed is that there is two more - three more employees. There is 31 employees.

PN12

The Minister for Eduction and Training has given approval for the Regional Councils to collectively make a certified agreement and the proposed agreement reflects the current VPS Non-executive Staff Agreement 2001. If the Bench turns to the attachment, which is the earlier statutory declaration, in the last paragraph of that, which is paragraph 15, Mr Warmington takes us through the public interest grounds and the reasons why this agreement should take the form of a multi-business agreement rather than nine separate agreements.

PN13

They are dealt with in paragraph 15. If you turn to page 5 of the attachment is has:

PN14

The nine employees are subject to direct control of the Minister for Compulsory Education Training and Employment -

PN15

if that is what her current title is - Minister for Education and Training now -

PN16

constituted by statute and carried out of common public purpose. All employers are funded by the Victorian Government. The 31 employees who would be bound by the agreement, although employed by nine different employers have a ..... enjoyed common terms and conditions. The proposed agreement relates to a group of employees and are required to provide the same terms and conditions of employment. Payroll services are provided by DEET. Each employer employs no more than five and there are economies of scale in having a multiple business agreement. Individual and regional councils don't have dedicated IR staff so rely on DEET IR specialists -

PN17

of which Mr Warmington is one:

PN18

The relevant union -

PN19

that is us -

PN20

and each of the employees favour a multi-business agreement rather than nine separate agreements.

PN21

And of course, you have the additional ground that this was - this agreement replaces an existing multi-business agreement and it would be less efficient to have it de-segregated now after they have been dealt with by a multiple agreement before. I will hand up a copy of the previous decision in the LC agreement of which Senior Deputy President Kaufman was on the Bench in that matter.

PN22

SENIOR DEPUTY PRESIDENT WILLIAMS: It is probably just as well you hand it up because it is supposed to be appended to the statutory declarations and it isn't. It is referred to in both statutory declarations as being attached.

PN23

MR PERICA: I see. But it is there. If you turn to page 3 or 4 of this Osiris copy. There was also an XF application there but, relevantly, I will refer you to the - what the Bench found there. They found that that agreement passed the no disadvantage - sorry, that is the - yes, sorry. Paragraph 5 of page 2 is the reasons why it is appropriate.

PN24

They accepted the employers were funded by the Victorian Government, about the ministerial direction, the point about economic efficiency. And the Bench formed the view the public interest was to certify the agreement. Also you have - now you have the additional ground that this agreement replaces an existing multi-business agreement.

PN25

So we would say on that basis of the statutory declaration - current statutory declaration of Mr Warmington and the matters that were referred to in the previous statutory declaration which he has attached to this agreement, his current statutory declaration, the matters in this certified agreement are not matters that can be dealt with other than by a multi-business agreement and the public interest is strongly in favour of this agreement being certified as a multi-business agreement.

PN26

Unless you have anything further, they are the submissions.

PN27

SENIOR DEPUTY PRESIDENT WILLIAMS: Thank you. Mr Warmington, do you wish to add anything?

PN28

MR WARMINGTON: Your Honour, my submission will be brief. We support the submission made by my colleague from the CPSU.

PN29

SENIOR DEPUTY PRESIDENT WILLIAMS: We are able to give a decision immediately on this.

PN30

The CPSU has applied under part VIB of the Workplace Relations Act 1996 for the certification of an agreement to be known as the Regional Councils of Adult, Community and Further Education Agreement 2001. The parties to the agreement are the CPSU and the various employers as listed in paragraph 5.2(a) of the agreement.

PN31

The agreement applies to businesses carried on by more than one employer. It is, therefore, a multi-business agreement within the meaning of section 170LC of the Act. The provisions of section 170LC(3) of the Act require that multi-business agreements be certified by a full bench of the Commission.

PN32

The nine employers party to the agreement are separate businesses that support, promote and prepare plans for community and further education in their regions and provide advice on resource allocation and policy to the Adult, Community and Further Education Board.

PN33

The agreement replaces the Regional Councils of Adult, Community and Further Education All Regions Certified Agreement 2000-2001 which was certified pursuant to a Full Bench decision issued on 5 July 2001.

PN34

For the same reasons as set out in that decision, we are satisfied that it is in the public interest to certify the agreement. Further, we are satisfied that the matters dealt with in the agreement could not be more appropriately dealt with by an agreement other than a multi-business agreement under part VIB of the Act.

PN35

We are also satisfied that the other relevant requirements of the Act and the rules have been met. An appropriate certified certifying the agreement will be issued today. The matter is adjourned on that basis. The Commission itself is adjourned.

ADJOURNED INDEFINITELY [10.10am]