AG2002/5719, Transcript of Proceedings [2002] AIRCTrans 4973 (10 December 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT897

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2002/5719

APPLICATION FOR CERTIFICATION OF
AGREEMENT

Application under section 170LJ of the Act
by the Transport Workers' Union of Australia -
Victorian/Tasmanian Branch and Another for
certification of the Shell Aviation Sydney
Airport Into-Plane Agreement 2002

MELBOURNE

10.05 AM, WEDNESDAY, 27 NOVEMBER 2002

PN1

MS J. TISDALE: I appear for the Transport Workers' Union.

PN2

MR B.W. STOOKE: I seek leave to appear on behalf of the Shell Company of Australia Limited.

PN3

THE COMMISSIONER: Mr Stooke, leave is granted. Ms Tisdale.

PN4

MS TISDALE: This is an application made under division 2 of part V1B of the Act for certification of an agreement made under section 170LJ. All of the requirements of the Act, regulations and rules of the Commission have been met in the making of this agreement, particularly the requirements of section 170LT of the Act have been met in that the agreement passes the no disadvantage test, it was genuinely approved by a valid majority of relevant employees and the terms of the agreement were appropriately explained to those employees prior to a vote. There is a dispute settlement procedure at clause 20 and a nominal expiry date of 30 June 2005, at clause 3.

PN5

The agreement is underpinned by the Transport Worker" (Oil Companies) Award 1998, and there are no reductions in award conditions. So we would seek that the agreement be certified in the terms sought, from today's date.

PN6

THE COMMISSIONER: Yes, thanks, Ms Tisdale. Mr Stooke.

PN7

MR STOOKE: I concur with the submissions of my colleague and can attest that the details set out in the affidavit are true and correct. The agreement, as my colleague has stated, does have a consultative procedure and dispute settlement procedure at clause 20. And in relation to the no disadvantage test, the agreement certainly has terms and conditions which satisfy that test, Commissioner. So, on those grounds, we would support the certification of the agreement.

PN8

THE COMMISSIONER: Yes, thanks, Mr Stooke. This application is made pursuant to section 170LJ of the Workplace Relations Act, between the Transport Workers' Union of Australia and the Shell Company of Australia Limited. The agreement shall be known as the Shell Aviation Sydney Airport Into-Plane Agreement 2002. Pursuant to section 170LT of the Workplace Relations Act 1996, the Commission certifies the said agreement and the agreement shall come into force from today's date, 27 November, 2002 and shall remain in force until 30 June 2005. Thank you.

ADJOURNED INDEFINITELY [10.13am]