AG2002/5583, Transcript of Proceedings [2002] AIRCTrans 4869 (4 December 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT820

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2002/5583

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LS of the
Act by Midway Pty Ltd and Another for
certification of Midway Pty Ltd Enterprise
Bargaining Agreement 2002

MELBOURNE

9.07 AM, WEDNESDAY, 20 NOVEMBER 2002

PN1

MR P. RYAN: I appear on behalf of Midway Pty Ltd. Appearing with me is MR M. TAYLOR, Operations Manager for the company.

PN2

MR P. LOVE: I appear for the CFMEU Forestry Division.

PN3

THE SENIOR DEPUTY PRESIDENT: Love, is it? Thank you. Mr Ryan.

PN4

MR RYAN: Thank you, Deputy President. We are seeking certification of an agreement entered into by the company, Midway Pty Ltd, and its employees and their representative organisation, the CFMEU Forestry Division. We would submit that the proposed agreement is consistent with and satisfies the requirements of the Act with respect to certification. The agreement itself, Deputy President, is the third such EBA entered into by the company with its employees and their union. With respect to the mandatory requirements of the agreement, the agreement has a defined period of operation which is set out at clause 2.1 of the agreement with the proposed expiry date of 30 June 2004.

PN5

The agreement also contains a mandatory disputes settling procedure as set out at clause 8 of the agreement itself. With respect to compliance with the Act and regulations, Deputy President, the manner of compliance with the requirements of the Act and regulations is set out in the accompanying statutory declarations that have been lodged with respect to the application for certification, these statutory declarations being made by Mr Taylor on behalf of the company and Mr Michael O'Connor, National Assistant Secretary of the CFMEU Forestry Division.

PN6

Deputy President, we would submit that the accompanying statutory declarations set out in support of the application meet the requirements of the Act and we would request that the proposed agreement be certified, if the Commission pleases.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Love, have you got anything you want to add?

PN8

MR LOVE: Yes, Commissioner. I have no problem with endorsing those remarks and saying that we would request that the agreement gets certified. Thank you.

PN9

THE SENIOR DEPUTY PRESIDENT: We will go off the record.

OFF THE RECORD

PN10

THE SENIOR DEPUTY PRESIDENT: I will adjourn matter AG2002/5583.

ADJOURNED INDEFINITELY [9.20am]