AG2002/5844, Transcript of Proceedings [2002] AIRCTrans 5025 (13 December 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 7, ANZ House 13 Grenfell St ADELAIDE SA 5000
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMPTON

AG2002/5844
AG2002/5876

APPLICATION FOR DETERMINATION OF
DESIGNATED AWARD FOR CERTIFIED
AGREEMENT

Application under section 170XF of the Act by
Savings and Loans Credit Union for determination
of designated award for certified agreement

APPLICATION FOR CERTIFICATION
OF AGREEMENT - GREENFIELDS AGREEMENT
(DIVISION 2)

Application under section 170LL of the Act
by Savings and Loans Credit Union for
certification of the Credit Union Award (1998)

ADELAIDE

11.40 AM, FRIDAY, 29 NOVEMBER 2002

PN1

THE DEPUTY PRESIDENT: I will take the appearances.

PN2

MR R. REID: I seek leave to appear on behalf of Savings and Loan Credit Union (SA) Limited and appearing with me, sir, is MR B. LUCAS and MS D. JAENSCH.

PN3

MR D. PAYNE: I appear on behalf of the Australian Services Union.

PN4

THE DEPUTY PRESIDENT: I note for the record there are two applications before the Commission, a section 170XF determination of designated award and secondly at 170LL Greenfields Agreement matter. I propose to deal with the XF application first. Mr Reid.

PN5

MR REID: Thank you, Mr Deputy President. The purpose of the section 170XF application is to seek an award designation in the absence of any relevant Federal Award coverage for my client in pursuit of a section 170LL Greenfields agreement, that is the ultimate aim as you would be aware by your subsequent application it is to be heard. Of course the designated award is for the purpose of conducting the no disadvantage test against that application.

PN6

Deputy President, I think some background to the matter would be appropriate, both for your own consideration and for the record in getting this award designation. Savings and Loans Credit Union are a solely based South Australian operation with the exception of a single branch operation in Darwin. The industrial instruments applicable to Savings and Loans are the Savings and Loans Credit Union Enterprise Agreement which is underpinned by the Credit Union Employees (SA) Award.

PN7

Both of these two instruments, Deputy President, are bound by the South Australian jurisdiction under the Industrial and Employee Relations Act 1994. The award, that is the Credit Union Employees (SA) Award, clause 1.3.1 defines the award as having application to the industry of Credit Union employees and that is important for my considerations later, sir, in regard to the applicability of the designated award, those words, and it is at 1.3.19 of the award has the Savings and Loan Credit Union as named, and I used the word advisedly, "named" respondent to the award or shall we say, a named operator or business or company under the award, not in a Federal context of course. In other words, they are parties bound.

PN8

At clause 1.5.7 of the South Australian Award, if I can quote to the Commission, under the definitions clause and under the definition of: Credit Union employee it says:

PN9

Means a person employed by one of the Credit Unions or associate companies set out in clause 1.3 who is engaged in any clerical and/or administrative work whatsoever in or in connection with the Credit Union industry.

PN10

Again I put the emphasis on the latter part of that, Deputy President, in regard to, shall we call it, the specificity associated with this award and, of course, for that purpose, the award that we would seek for designation has also that level of applicability.

PN11

Both the agreement that is currently operating in South Australia and the award are captive, Deputy President, to providing coverage to employees within the State of South Australia only by virtue of the State statute jurisdiction and also the award at clause 1.3.1 which refers to or comes under the heading of: Scope of persons bound and locality including exemptions and in part it says:

PN12

This award applies throughout the state of South Australia.

PN13

So it is restricted in its application which is not unusual for a state based award per se and on that basis, of course, it gives some difficulty for my client in trying to seek that application of that award and/or the agreement for that matter, outside the boundaries of South Australia. Just for the record, Northern Territory employees have application to the Northern Territory Common Rule Clerical Award.

PN14

Early in the New Year Savings and Loans will be expanding its operations into Victoria. One start up business, as I understand it, at Warrnambool and it seeks, Deputy President, for administration efficiency and equity to all its employees to provide consistent coverage of terms and conditions of employment, that is the purpose and nature underpinning the two applications today.

PN15

For this purpose it wishes to have a properly constituted agreement with the same terms as the South Australian Savings and Loans Credit Union Enterprise Agreement for its Victorian employees. There has been ongoing negotiations, sir, with the ASU in regard to the appropriate way to do this, given the ASU is the sole party to both the agreement and the award and the relationship that has been helpful and strong throughout both of those instruments and particularly for my client and as a consequence of those discussions, both parties have agreed that the most expedient way to achieve the objective is to pursue a Greenfields Agreement. That is the background to why the application is before you today.

PN16

So pursuant to section 170LL of the Act, the Victorian operation is ostensibly a new business or part, if you wish to consider it that way, of the existing business, particularly in consideration of the South Australian boundaries imposed by the existing industrial instruments I have just submitted. I confirm, sir, Savings and Loans has not employed any employees in the State of Victoria to date that would be subject to the Greenfields Agreement. I should say at this point, giving I made that comment, that I will be relying on some of these comments also for the agreement terms for the subject application which will saving having to repeat myself.

PN17

THE DEPUTY PRESIDENT: I understand.

PN18

MR REID: Also for the purposes of the Greenfields Agreement I confirm that my client is not a named respondent to any Federal Award nor is it a member of any association who is a named respondent to a Federal Award. Accordingly, Deputy President, there is no Federal Award binding on Savings and Loans Credit Union and therefore, pursuant to section 170XF(2) of the Act, this requires a designated award and a designated award, I should point out of the Federal Act, the Workplace Relations Act 1996.

PN19

As indicated by the application, the parties have considered and are recommending to the Commission that that designated award, that Federal award by the Credit Union Award (1998) - do you have a copy of that with you?

PN20

THE DEPUTY PRESIDENT: Yes, I do, thank you.

PN21

MR REID: I don't intend to make an enormous amount of submissions to that document, Deputy President. I am mindful, however, of that part of the Act, 107XF(2) which requires a designated award to reflect or regulate the terms and conditions of employment of persons engaged in the same kind of work as those persons under the agreement and hence my reference and emphasis previously in regard to the industry of Credit Unions, as you would have seen, in the State SA Credit Union Employees Award and apart from the obvious title of the Federal Award, which clearly indicates the industry contained in the award is the Credit Unions, the scope and respondency clauses of that award also attest to the fact it is within that industry and dealing with that nature of work without exception.

PN22

So using my previous words, the applicability of this award, I would put to the Commission, is more than appropriate by the virtue of the very fact there are no other businesses or companies or employers other than in this industry who are bound federally by this award as named respondents.

PN23

THE DEPUTY PRESIDENT: I take it in that context that other Credit Unions operating in Victoria would be bound by this award, providing they were named as respondents of course.

PN24

MR REID: Yes. Perhaps the most appropriate test, apart from once identifying the industry that is applicable in these matters is the appropriateness of the classifications of work and in that regard, Deputy President, I take you to clause 12 of the Federal Credit Union Award (1992) and again it is not my intention to go through with any degree of thoroughness, apart from to hopefully to satisfy the Commission it is appropriate, if you just have a look at Grade 1, for example, it talks about, in the typical activities and skills as applying basic office procedures, receiving, sorting, distributing and filing correspondence, performing the fine data entry inquiries task, answering inquiries, etcetera, etcetera.

PN25

By comparison, Deputy President, in the State South Australian Award, and I am not saying this is the definitive comparison, but certainly from the perspective of being an applicable award to Savings and Loans, who is a party to the State Award, then the characterisation of those classifications is clearly relevant. In terms of those dot points, and I am alluding to clause S12 of schedule 1 of the State Award, it also uses very similar terminology, maintenance and basic records, sorting and distributing mail, attend to routine member inquiries, etcetera.

PN26

Similarly with level 2, without going on too much, Grade 2 under the Federal Award talks about undertaking cashiering functions, level 2 under the State Award talks again of cashiering functions. There is clearly some harmony between the two awards and it does tend to peter out a little bit with the higher you got the classification structure but the reason for that I think is quite obvious, the Federal Award has one level more than the SA Award. For all intents and purposes the correlation is quite significant and therefore again the applicability of the Federal Award is put to the Commission.

PN27

I would point out also, sir, in terms of rates of pay in the Federal Award there are salaries in the SA Award there are wage rates per se but if you were to do your calculations, you would find that there is a surprising close marry up with those and perhaps that is reflective or relevant of the industry and the marketplace as such so again there is no discrediting of benefits to employees who may be bound by this award - sorry, by the agreement underpinned by this award - retract that, designated by this award.

PN28

I think it goes without saying, Deputy President, the award, that is the Federal award is generally considered to be the industry award nationally and in the State of Victoria it has application in that state and therefore it is submitted that it is not in any way inferior for the purposes of the award designation, certainly in respect of those employees who would be bound by the proposed agreement, that is tested against this award.

PN29

Put simply, Deputy President, there does not appear, in my clients and I trust the ASU's estimation, to be any other award for designation purposes that fits the requirement of my client's business so adequately as this Federal award. So Deputy President, pursuant to section 170XF, we seek the Commission's support to support the application by designating the Credit Union Award (1998) for the purposes of subsequent testing on the Savings and Loan Credit Agreement - Greenfields Agreement. Unless there are any questions that you have, sir, that is as much as I need to submit at this point, if the Commission pleases.

PN30

THE DEPUTY PRESIDENT: Mr Payne.

PN31

MR PAYNE: Commissioner I have not got a lengthy submission to put to you only to say that the ASU supports the 170XF application before the Commission today and also Mr Reid's submission which I believe has covered all the areas necessary for the Commission to determine - make a determination with respect to the application. If the Commission pleases.

PN32

THE DEPUTY PRESIDENT: Thank you, Mr Payne. I will deal with the section 170XF application. In so doing I have had the opportunity, prior to the proceedings, of reading the proposed designated award and I, of course, am familiar with the circumstances of the South Australian instruments that have been referred to by Mr Reid today and the general operations of the Savings and Loans Credit Union.

PN33

Having regard to that material and the submissions made today, I am satisfied that the application should be granted. In applying that approach I am mindful of the discretion to be exercised by the Commission as has been set out by the Full Bench of the Commission in the matter of Australian Guarantee Corporation Limited, a Full Bench decision print S2344 handed down on 3 February 2000.

PN34

In that context I am satisfied, firstly, as to the factual basis of the applications advanced by Mr Reid, secondly, at to the principles that should be applied and thirdly, the applicability of the proposed Federal award for present purposes. So in that context I do grant the application and hereby determine the Credit Union Award (1992) will be the designated award for the purposes of the no disadvantage test in relation to the related application for certification of agreement. In that context I will turn to that application. Mr Reid.

PN35

MR REID: Sir, just one minor point, I think the award is actually 1998. The interesting thing about that award, if you download it, is the facing page shows 1998, the subsequent pages say 1992.

PN36

THE DEPUTY PRESIDENT: Indeed, it does, indeed it does. Indeed, the title is defined as 1998, although the headnote retains '92.

PN37

MR REID: Correct.

PN38

THE DEPUTY PRESIDENT: In which case, I hereby amend my earlier order so as referred to the Credit Union Award 1998, which for completion sake is nominated as AW772291, and I think that will have nailed it.

PN39

MR REID: Thank you, Deputy president. Sir, the application for the Greenfields agreement that is before you, pursuant to section 170LL of the Act as I indicated in my previous submissions for the proceeding designation, I don't intend to go back all over that ground again.

PN40

THE DEPUTY PRESIDENT: No, that is not necessary.

PN41

MR REID: Thank you. Simply for the purposes of meeting the requirements under the Act, particularly Division 4, I submit sir that our client is a constitutional corporation within the meaning of the Act and, therefore, has the appropriate ability to access a Division 2 Agreement. The application which determined the designated award preceding this matter, which of course would be now clearly defined as the Credit Union Award 1998, and the purpose of my submissions here today will be to refer to that award where necessary to satisfy the Commission in regard to the required no disadvantage test, but not to any comprehensive degree, simply to meet the test - well, that is my intention at least.

PN42

If I take you to the agreement, Deputy President, perhaps in the first instance there are several clauses that need some explanation. The principal explanation that is required is, as I indicated in my previous submissions, the document you have before you is ostensibly the State Agreement, with only those modifications necessary to place it into a Federal jacket, so to speak, and those that are changed only to make any sense, in terms of its wider application to other than South Australia. Apart from that the content and substance remains unchanged for the very reasons that I previously established for the equity and management of employees throughout the operation of Savings and Loans.

PN43

Having said that, I take the Commission to clause 3. It defines quite clearly who the parties are, which of course is Savings and Loans Credit Union, the ASU and the employees of Savings and Loans Credit Union SA Limited, who are employed in the State of Victoria. That is the only intention that we seek at this time by means of the Greenfields Agreement. I think it is probably important to point out that the intention of the parties, sir, is when the State Agreement comes around for re-negotiation which is in the middle of next year, I think, 30 June 2003 the current State Agreement expires, then, the intention of the parties is to seek a agreement which has national coverage and will actually override this agreement and have a common document, that is the intention, so this is basically an interim document for that purpose.

PN44

THE DEPUTY PRESIDENT: Just in that context, I think that purpose is adequately described in clause 4: Terms Of Agreement.

PN45

MR REID: Yes.

PN46

THE DEPUTY PRESIDENT: I wonder however whether the way in which that is described actually means you have got a nominal expiry date within the meaning of the Act. It is nominal, maybe too nominal, I think that is the point that I'm making.

PN47

MR REID: Yes, yes. In fact, your comment that you raised was the discussion I was having here prior to you coming in. I think the intent is clear of the parties, but I am aware that section 170LT(10) of the Act requires a definitive date as such, and we have had some very broad discussion up and down the table. If the Commission believes it is too broad, then the parties would be satisfied to place a 3-year life on the agreement, but the intention will be of course as indicated there, that it will be renewed, hopefully, by replacement around 1 July 2003.

PN48

THE DEPUTY PRESIDENT: Well, look, it is a matter for the parties, but given that it would be a nominal expiry date in any event, I don't know why you wouldn't nominate 1 July 2003.

PN49

MR REID: Happy to do so.

PN50

THE DEPUTY PRESIDENT: Because of course if your intentions do not follow and it is delayed for any reason, of course, the agreement does not fall off the legal cliff, it remains in force until something is done about it.

PN51

MR REID: Yes. In your view, do we need to make a change to the clause to satisfy that, or will the transcript itself suffice in that regard?

PN52

THE DEPUTY PRESIDENT: No, I think it needs a definitive clause.

PN53

MR REID: Okay.

PN54

THE DEPUTY PRESIDENT: I think your interpretation of the Act is right. I mean, it is a nominal expiry date but, I think, it is nominal in the sense that it is an actual expiry date, but I don't think it is nominal in the sense it is a moving feast and I think that is the difficulty that I have with the present wording. As I said, I have got no difficulty with the intention, or with the expression of the intention in the agreement, but in the end it must have a definite nominal expiry date.

PN55

MR REID: Yes, yes.

PN56

THE DEPUTY PRESIDENT: Because this is obviously a Greenfields Agreement, it does not require any sort of process of consultation, it can be amended on the spot by the parties and dealt with accordingly.

PN57

MR REID: Yes.

PN58

MR PAYNE: The ASU is fine with that, Commissioner, they accept that position and would agree with it.

PN59

THE DEPUTY PRESIDENT: Look, just in terms of how to give effect to that it might - I think the intention should still be in the agreement by the way. It may be that you make a statement of intent, but you nevertheless nominate a nominal expiry date of 1 July 2003.

PN60

MR REID: Well, if the parties are happy to do so now, if the words were just added to the conclusion of that clause that: the nominal expiry date will therefore be 1 July 2003, if that is adequate? I think that just about covers it, does it not?

PN61

THE DEPUTY PRESIDENT: Yes.

PN62

MR PAYNE: Yes, sir.

PN63

THE DEPUTY PRESIDENT: Very well, then, leave is granted to amend the application for the Commission so as to insert those additional words at the conclusion of the present words in clause 4.

PN64

MR REID: Thank you, Deputy President. Also, with some level of required understanding is clause 5: Relationship To Other Industrial Instruments. Just so that it reflects clearly on the record the intention and understanding of this clause, and I think it is important if I read the first major sentence and then I will make some comments to it, it says that:

PN65

There is no binding industrial award applicable to employees covered by this agreement. For the sake of administrative efficiency and equity to all Savings and Loans employees, this agreement will be read wholly and in conjunction with the Credit Union Employees SA Award applying at the time of the making of this agreement.

PN66

The intention of the parties, I think it is quite clear, that they want in place the same terms and conditions in Victoria as they have in South Australia. The only way to achieve that is not only to have this agreement in place, but the underpinning State Award also has to have the application in Victoria to give it the proper level of provisions. On that basis, there is no attempt by the parties to try to suggest, or introduce the Credit Union Employees SA Award as a Federal Award, or an underpinning award. It is simply used for the purposes of administrating those terms and conditions of that award, sir.

PN67

THE DEPUTY PRESIDENT: Yes. As I understand it, you are seeking to import the terms of that award, except where inconsistent with the provisions of the agreement.

PN68

MR REID: Precisely. In terms of the beneficial nature of this agreement, as compared to the designated award, I take the Commission to clause 8, and then I will wander through the agreement picking up the relevant clauses. The wage rates, sir, at 8.1 are appendiced at 2 and I will come to that when we move through the document, but at 8.2 it indicates that in addition to the rates of pay, there is also the ability to have a performance review increase as it indicates which is some remuneration benefits that are included there. At clause 13: Hours Of Duty, are prescribed as:

PN69

Monday to Friday, 8 am to 6 pm. The working week at 37.5 hours per day, or 7.5 hours per week.

PN70

I submit that the ordinary hours of work of the designated award - Credit Union Award - at clause 8, are 7 am to 7 pm Monday to Friday, and also include 8 am to 12 noon Saturday. Clearly, in this award the Saturday is deemed as overtime and that award, the Federal Award that has been designated is a 38-hour week, so clearly the beneficial nature of the hours of work are to the advantage of the employees under this agreement.

PN71

Clause 15, provides: Flexible Part-Time Work, which is ostensibly casual work with some modifications, if I can put it that way and, as a consequence of that, these key time staff have the opportunity to be paid pro rata sick leave, annual leave and other benefits, including parental leave recognition and clearly those benefits are not something that are comprehended in the designated award. Similarly with study leave at clause 17, and clause 19: Sick Carer's Leave, the agreement provides for 12 days paid sick leave per year.

PN72

Clause 10.6 of the Credit Union Award provides for a maximum of 10. It can be as little as 8, depending on the number of hours that the employees work but, again, superiority of the agreement is apparent. At clause 20: Bereavement Leave, the Credit Union Award at clause 10.6.4, prescribes 2 days, the agreement supplies to an employee 3 days, it meets that requirement and: Compassionate Leave, at clause 21, is not comprehended in the award either.

PN73

At clause 22: Long Service Leave, the parties have agreed, sir, that the State provisions under the Long Service Leave Act of 1987, will have application consistent with the employees here in South Australia under this agreement, and the benefit of that of course is, it is a more generous statute provision and, having said that, the provisions included in this agreement even extend beyond the benefit of that Act, so by picking up this agreement their long service leave is further enhanced.

PN74

At clause 30: Parental Leave, employees have the ability to pick, or to get 6 weeks paid maternity leave, whereas the designated award simply has the standard Full Bench test case decision of 12 months unpaid leave and, as I indicated sir, parental leave as indicated at clause 31, has also application to key time staff and casuals. Thereafter, there are a lot of provisions in the agreement which you would be familiar with in regard to beneficial work practices by agreement between the parties, which are I think generous and helpful to both staff and the business, but needless to say without touching all of them, they aren't prescribed in the designated award.

PN75

Perhaps, an important clause to point out is clause 45: Redundancy Provisions. The Credit Union Award at clause 17 has the standard TCR provisions, but as is apparent in clause 45, the benefit under this agreement well exceeds the standard TCR provisions. For the record, sir, clause 50: Conflict Resolution, a mandatory provision required by the Act at section 170LT(8) is included, and that takes us, if we continue on, to appendix 2, I believe, which is the: Rates Of Pay. Now, the rates of pay pick up the final level of payment, or increase provided by the South Australian agreement, simply because of course the previous two increases are history and have no application, and the rates of pay are verbatim, is the current standing of the State SA Agreement at this point in time.

PN76

In respect to the rates of pay and the effectiveness of that on the designated award, I would simply like to hand up for your consideration and for the record, what we call a "Pre-assessment Test", as to whether the agreement would survive, based on the rates, or the quantum, or the monetary value of the agreement which, of course, shouldn't be restricted in fact, Deputy President, but obviously that is the definitive test in these matters in the first instance.

PN77

THE DEPUTY PRESIDENT: Well, it is the starting point at least.

PN78

MR REID: A good starting point, indeed. Without wandering through it, I think it is fairly self-evident, Down the left-hand side is the designated award entitlements, based on a standard working week and on the right-hand side is the proposed Greenfields Agreement for the various levels, page by page that are comprehended in the agreement, and the total down the bottom, less compared to the right, indicates on a monetary basis whether in fact it would be - is superior, or inferior, and on every occasion the agreement is superior.

PN79

Deputy President, I don't wish to, unless there are any questions, address any further comments to the document itself, other than to submit that as indicated by the statutory declarations, this is a consent matter between the ASU and the Savings and Loan Credit Union and it is put to you on that basis as required by the Act. We submit that all the requirements for approval in our view have been met in regards the no disadvantage test. It meets the statutory test, we believe. It contains no discrimination and, certainly, pursuant to section 170XA of the Act, we submit there is no disadvantage to the employees.

PN80

Hopefully, as I have been able to demonstrate by the agreement itself, there is no reduction or any inferior terms as a package from that of the designated award. Indeed, Deputy President, I would think it is fairly safe to say that the agreement is quite superior and beneficial to the designated award and on that basis, sir, I commend it to the Commission for certification, effective from the date of this hearing. If the Commission pleases.

PN81

THE DEPUTY PRESIDENT: Thank you, Mr Reid. Yes, Mr Payne.

PN82

MR PAYNE: Thank you, Deputy President. Again, Deputy President, my submission will be brief. As Mr Reid's submission was very comprehensive, with respect to the processes undertaken by the parties in arriving at today's position and the application, also covered in Mr Reid's submission, was I believe the content of the agreement and the intent of the agreement. Therefore, I would just like to state for the record that the AWU supports Mr Reid's submission and the application for approval for the Commission today and with the statutory declarations being in order, that we would be also commending the agreement to the Commission today for certification. If the Commission pleases.

PN83

THE DEPUTY PRESIDENT: Mr Payne, I take it you are confirming that the employees who are to fall under the terms of the agreement, fall within the eligibility rule of the ASU, to use your shorthand title?

PN84

MR PAYNE: I would, sir, yes. Yes, sir.

PN85

THE DEPUTY PRESIDENT: Including the State of Victoria/

PN86

MR PAYNE: And the State of Victoria, sir.

PN87

THE DEPUTY PRESIDENT: Very well, thank you. Anything further, Mr Reid?

PN88

MR REID: No, sir.

PN89

THE DEPUTY PRESIDENT: Yes, look, I will deal with the application now. Firstly, I confirm that leave has been granted to amend clause 4 as already discussed with the parties and it is the amended agreement that I'm dealing with. Secondly, I indicate that I'm satisfied that I can and should certify this agreement. In reaching that conclusion, I indicate firstly that I'm satisfied that the establishment of the Victorian Operations for the Credit Union will be a new business, or more particularly, a new part of a business within the meaning of that expression under the Act.

PN90

Secondly, I'm also satisfied that before the employment of persons who would be required for the normal operations of that business have been employed, the application has been made. Now, in that context, I understand the Act to mean those persons who would, in effect, not only fall under the agreement, but the operational employees of the business, because of course there are the head office, of South Australian-based employees already employed who will have some connection with that business.

PN91

However, I'm satisfied that not only is that not intended to be covered by the relevant provisions of the Act, but as I said before, the employment of persons who would be required for the normal operations you have made in the application, so clearly there is jurisdiction to do so. I am also satisfied that the ASU is entitled to represent the industrial interests of the employees concerned. Lastly, I am satisfied that in addition to the requisites of form and content requirements of an agreement of this nature, the agreement clearly passes the no disadvantage test applied against the award that I designated under the earlier application.

PN92

In my view, it is clearly a beneficial instrument and I should say in that context that I understand an endorse the intent of the parties behind the making of this agreement, in particular, the consistency and equity that will be created by its certification. So in all those circumstances, I indicate that in due course I will issue a certificate under the Act certifying this Greenfields Agreement as amended today. The certificate will also confirm the designated award as confirmed earlier and will indicate that the agreement will come into force on and from today's date and will have a nominal life extending to 1 July 2003. A copy of all that will be supplied to the parties for your own use and records in due course.

PN93

Lastly, I would commend the parties on the strategy that is evident here and wish the parties well in the subsequent negotiations for the success of this agreement, which may well be a global agreement, and we will see you in one of the jurisdictions in due course. The Commission is adjourned.

ADJOURNED INDEFINITELY [12.50pm]