AG2002/5695, Transcript of Proceedings [2002] AIRCTrans 4975 (10 December 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT898

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2002/5695

APPLICATION FOR CERTIFICATION OF
AGREEMENT

Application under section 170LJ of the Act
by the Transport Workers' Union of Australia
and Another for certification of the Edwards
Transport Webb Dock Agreement 2002

MELBOURNE

10.14 AM, WEDNESDAY, 27 NOVEMBER 2002

PN1

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

PN2

THE COMMISSIONER: Yes, Ms Tisdale.

PN3

MS TISDALE: Thank you Commissioner. This is an application under division 2 of part V1B of the Workplace Relations Act for certification of an agreement made under section 170LJ. All of the requirements of the Act and the regulations and rules of the Commission have been met in making the agreement. In relations to the requirements set out at section 170LT of the Act, the agreement passes the no disadvantage test, it was genuinely approved by a valid majority and the terms of the agreement were appropriately explained to the employees prior to the vote.

PN4

There is a dispute settlement procedure at clause 27 and a nominal expiry date of 1 October, 2004 at clause 10. The agreement is underpinned by the Transport Workers' Award 1998 and there are no reductions in award conditions. So we would seek the certification of the agreement in the terms sought, from today's date.

PN5

THE COMMISSIONER: Yes, thank you. This certified agreement is covered by section 170LJ under division 2 of the Workplace Relations Act 1996, between the Transport Workers' Union of Australia and Edwards Transport. The agreement shall be known as the Edwards Transport Webb Dock Agreement 2002. Pursuant to section 170LT of the Workplace Relations Act 1996, the Commission certifies the said agreement. The agreement shall come into force from today's date 27 November, 2002 and shall remain in force until 1 October, 2004. Thank you. Thank you, too, Mr Ryan.

PN6

MR RYAN: Thanks, Commissioner. Don't you want to hear my submission?

PN7

THE COMMISSIONER: No. The commission is adjourned.

ADJOURNED INDEFINITELY [10.15am]