AG2002/5630, Transcript of Proceedings [2002] AIRCTrans 4968 (9 December 2002)

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Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N VT885

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2002/5630

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK by Gaffney
Logistics Pty Ltd for certification of the
Gaffney Logistics Enterprise Agreement 2002

MELBOURNE

2.00 PM, TUESDAY, 26 NOVEMBER 2002

PN1

MR T. HARDWICK: I seek leave to appear on behalf of the applicant, Gaffney Logistics Pty Ltd and with me today is Mr D. Gaffney, who is the General Manager for the company.

PN2

THE DEPUTY PRESIDENT: Yes, I don't think there is anybody here to oppose leave, Mr Hardwick, so I probably should grant it.

PN3

MR HARDWICK: Thank you. In terms of some context to the applications before you today. Gaffney is a small family owned transport company that operates out of Melbourne's western suburbs. It has - it employs approximately 34 staff and in respect of the application before you today, 24 of those are permanently employed and there is about 10 casuals there. So it is a relatively small workplace. Of the 24 permanents, about 18 staff work in the warehousing type operations and six work in the clerical capacity.

PN4

THE DEPUTY PRESIDENT: Sorry, what were those numbers again, Mr Gaffney?

PN5

MR HARDWICK: Sure. There are 24 permanent staff.

PN6

THE DEPUTY PRESIDENT: Yes.

PN7

MR HARDWICK: 18 of those are employed in warehouse related work. So therefore the storeman and packers type award coverage.

PN8

THE DEPUTY PRESIDENT: Yes.

PN9

MR HARDWICK: And there are six clerical staff. There are in addition to those 24 - there are 10 casual staff and the majority of those would all be in the warehouse type work. You don't have any casual clerical staff?

PN10

MR GAFFNEY: Correct. Not in the office. No.

PN11

MR HARDWICK: The company doesn't employ drivers or - they are all independent contractors, as most of the transport industry seems to be going these days. The company began discussions with its staff regarding the enterprise agreement approximately 12 months ago and it was really set up to formalise conditions of employment for staff. They have been operating in the Victorian environment for the last, sort of 10 years, so therefore have been under schedule 1A and, you know, it was thought appropriate to formalise some conditions as the business was focussing on its systems and trying to make some improvements.

PN12

So as a result of the work that was prepared a consultative committee was set up that was sort of a mixture of management and employee representation. The committee worked through a series of issues, put some drafts together and over time reached agreement on the enterprise agreement that is before you today. In terms of the applications that we have submitted to the Commission, there is an application for determination of the Storage Services, General, Award 1999 as a designated award for the purposes of the no disadvantage test in respect of the warehouse type employees. We also have submitted an application for determination of the Clerical and Administrative Employees (Victoria) Award 1999 as a designated award for the purpose of applying the no disadvantage test for the clerical staff to be covered by the enterprise agreement.

PN13

In addition, we have submitted an application for certification of the Gaffney Logistics Enterprise Agreement which is a section 170LK agreement made between Gaffney Logistics Pty Ltd and its employees.

PN14

THE DEPUTY PRESIDENT: I might just interrupt you for a moment, Mr Hardwick. I might just deal with the XF, 170XF application - - -

PN15

MR HARDWICK: Okay. Sure.

PN16

THE DEPUTY PRESIDENT: - - - whilst we are on the subject. I will determine that the appropriate award for the purposes of deciding whether the agreement passes the no disadvantage test in respect of the workers engaged in stores classifications is the Storage Services, General, Award 1999. In respect of the clerical staff the appropriate award for the purposes of the no disadvantage test is determined to be the Clerical and Administrative Employees (Victoria) Award 1999.

PN17

As I have said, those awards are determined in accordance with 170XF(2) of the Act and in accordance with the application made by the applicant in the matter.

PN18

MR GAFFNEY: Thanks.

PN19

THE DEPUTY PRESIDENT: Thank you, Mr Gaffney.

PN20

MR HARDWICK: In respect of the application for certification of the Gaffney Logistics Enterprise Agreement, the company has submitted the following documentation. The statutory declaration of Mr Damien Gaffney. An addendum to that statutory declaration by Mr Gaffney - it was dated 25 November, which provides for the application of the agreement with no disadvantage test to the company's clerical employees.

PN21

There has also been provided, the statutory declaration of Mr Vincent Jones, an employee of the company, who has made the statutory declaration on behalf of the employee members of the consultative committee who made the agreement on behalf of the employees of the company.

PN22

THE DEPUTY PRESIDENT: Mr Hardwick, I might be able to save you some time. I am generally satisfied that the documentation meets the requirements of the Act.

PN23

MR HARDWICK: Right.

PN24

THE DEPUTY PRESIDENT: The concerns that I have are concerns in relation to the no disadvantage test as it applies to the clerical staff. I have no other concerns.

PN25

MR HARDWICK: Okay.

PN26

THE DEPUTY PRESIDENT: I am satisfied that the - - -

PN27

MR HARDWICK: Documentation - - -

PN28

THE DEPUTY PRESIDENT: - - - note - that the documentation complies in all respects and I am satisfied that the agreement meets the requirements of the no disadvantage test in respect of those employees who are engaged in stores classifications. I have concerns about the clerical employees which it might be better subject to you having anything further to say on the record that we discussed briefly off the record.

PN29

MR HARDWICK: Yes. I would agree with that.

PN30

THE DEPUTY PRESIDENT: Yes. Is there anything further, Mr Hardwick, while we are on the record that you can think of?

PN31

MR HARDWICK: No. In respect of the matters before us. No. Nothing further at this point.

NO FURTHER PROCEEDINGS RECORDED