AG2002/5756, Transcript of Proceedings [2002] AIRCTrans 5045 (13 December 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT954

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2002/5756

APPLICATION FOR CERTIFICATION OF
AGREEMENT

Application under section 170LK of the Act
by National Trust of Australia for
certification of the National Trust of
Australia (Victoria) Gardeners Agreement
2002

MELBOURNE

9.32 AM, MONDAY, 2 DECEMBER 2002

PN1

MS T. ROWE: From VECCI, appearing on behalf of National Trust of Australia (Victoria). Appearing with me is MR F. MORABITO of the employer, National Trust Australia and for the employees, MR J. BUCKLEY, as an employee rep.

PN2

THE COMMISSIONER: Yes, Ms Rowe?

PN3

MS ROWE: Commissioner, we make application under division 2, section 170LK. The employees were issued with a copy of the agreement and explanatory letter including the notice of the intention to make an agreement on 23 October 2002. We have submitted to the Commission statutory declarations outlining the process and also a copy of the agreement. There has been a statutory declaration submitted by both the employer and one on behalf of the employees. The parties to the agreement that are confident that all requirements of the Workplace Relations Act have been met and specifically covering the following areas.

PN4

Clause 5 of the agreement specifies a nominal expiry date of 1 May 2005. For the purpose of the no disadvantage test the AWU Sports Ground Maintenance and Venue Presentation Victoria 2002 Award has been used. The parties are confident that the no disadvantage test has been met. All staff covered by the agreement were given copies of the agreement. Staff were advised that if they were a member of a union that they may request union to represent their industrial interests. No such request has been made. I have been instructed though, Commissioner, that staff were in consultation with their union.

PN5

The union did give them advice, the union being, the Australian Workers Union, and did assist them with the negotiation process behind the scenes rather than directly with the employer. Approximately six meetings were held with the four staff members who are covered by the agreement to discuss the agreement. Staff participated in these meetings. Staff were also given the opportunity to seek further clarification at any time. Prior to the agreement - 14 days - all four employees had access to the agreement and on 11 November 2002 the staff members agreed to the content of the agreement and signed off on the back of that agreement.

PN6

Schedule 2 of the agreement sets out a dispute settlement procedure, if the Commission pleases.

PN7

THE COMMISSIONER: Yes. Ms Rowe, on the last page of the agreements before me the signatures of the witness was a - it appears to be K Schonewille or Schoneville. Who is that person?

PN8

MS ROWE: It is an apprentice.

PN9

THE COMMISSIONER: Thank you. Yes, thank you.

PN10

MS ROWE: Thank you, Commissioner.

PN11

THE COMMISSIONER: Mr Buckley, do you understand this agreement?

PN12

MR BUCKLEY: I do, Commissioner.

PN13

THE COMMISSIONER: How much discussion took place with the workforce about it?

PN14

MR BUCKLEY: A great deal over - just informally, amongst ourselves and also with our management. There was probably half a dozen meetings with management and it was the topic of conversation most lunch times amongst the staff and ourselves. As was mentioned we also had several meetings with our union and I spoke with the union on the phone several times as well.

PN15

THE COMMISSIONER: Yes, thank you. This is an application of an agreement pursuant to section 170LK, division 2 of the Workplace Relations Act 1996 between the National Trust of Australia and to be known as the National Trust of Australia (Victoria) Gardeners Agreement 2002. Pursuant to section 170LK of the Workplace Relations Act 1996 the Commission certifies the attached agreement. The agreement comes into force from today's date, 2 December 2002 and remains in force until 1 May 2005. The Commission is adjourned, thank you.

ADJOURNED INDEFINITELY [9.37am]