AG2002/4994, Transcript of Proceedings [2002] AIRCTrans 4936 (9 December 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

AG2002/4994

APPLICATION FOR CERTIFICATION OF AGREEMENT

Application under section 170LJ of the Act by
CSR Ltd and the Maritime Union of Australia for
for certification of the CSR Ltd Enterprise Agreement

SYDNEY

2.11 PM, MONDAY, 25 NOVEMBER 2002

PN1

THE COMMISSIONER: Yes. Could I have the appearances, please?

PN2

MR W. GIDDINS: Commissioner, my name is Giddins, initial W. I appear in this matter for the Maritime Union of Australia, who are the applicant.

PN3

THE COMMISSIONER: Thank you.

PN4

MR I. FORREST: Forrest, initial I, for CSR Ltd.

PN5

THE COMMISSIONER: Yes. Thank you, Mr Forrest. Yes, Mr Giddins, everything seems to be in order, but I am concerned about late lodgment. You can take me to anything else, but you can assume - well, not only assume, but be informed that I've looked at the documentation and I'm satisfied your relevant respects - other than the extension of time, but what else do you - - -

PN6

MR GIDDINS: Yes. Giving respect to that particular matter, Commissioner, the application was filed by the MUA on 8 November. The agreement was approved by employees on 27 September. The company forwarded a draft copy of the document to the MUA on 1 October. Unfortunately, it didn't make it to my particular office until some time after that. The agreement is 21 days out of time, but in respect of the agreement and the employees that it covers, there has been no change in the personnel. I can tell you that the agreement was approved by an overwhelming majority of employees that covers three vessels, and that included the crew that were on those vessels plus the crew on leave.

PN7

We say that you have a discretion under Section 111(1)(R) to extend time. Although 21 days is a reasonable amount of time, given the fact there will be no net detriment to either the company or the employees, there have been no changes, we would suggest that subject to any questions you may have of either party about the delay that you exercise that discretion, and we rely on the decision of Vice President Ross in TNT Logistics Sabco Warehouse Enterprise Agreement which can be found at print P02442 as authority for the exercise of the discretion on the basis of our submissions this afternoon.

PN8

THE COMMISSIONER: Thank you. Yes, Mr Forrest.

PN9

MR FORREST: Commissioner, we concur with that. There has been very little change in - in fact, we can't recall any change in the number of personnel subject to this agreement amongst our employees. So we would concur with the MUA and request that the Commission certify the agreement.

PN10

THE COMMISSIONER: Yes, thank you, Mr Forrest. This is an application to have certified an agreement that is to be known as the CSR Limited and Maritime Union of Australia Enterprise Agreement 2001. The parties to the agreement are CSR and the MUA for short. On the basis of the submissions and documentation, the Commission is satisfied that the relevant requirements of the Act and that the Rules of the Commission have been met, save that the application was lodged out of time but, in the circumstances, the Commission extends time pursuant to Section 111.

PN11

On that basis, the agreement will be certified. It will come in to force from 25 November 2002 and it will remain in force until 30 June 2004. On that basis these proceedings are now adjourned.

ADJOURNED INDEFINITELY [2.15pm]