AG2002/5942, Transcript of Proceedings [2002] AIRCTrans 5124 (19 December 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

AG2002/5942

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by Macro Trading Pty Ltd t/as Macro Wholefoods
for certification of the Macro Wholefoods
Certified Agreement 2002

SYDNEY

9.39 AM, THURSDAY, 5 DECEMBER 2002

Adjourned sine die

PN1

THE COMMISSIONER: Yes, could I have the appearances, please.

PN2

MR R. CLARKE: If the Commission pleases, I am appearing on behalf of Macro Health Foods. Commissioner, I might point out I was hoping to have an employee representative here this morning who appears to be a little lost and not on mobile phone.

PN3

THE COMMISSIONER: We'll proceed anyway, Mr Clarke, can you tell me about your application.

PN4

MR CLARKE: Commissioner, we just seek certification of the Macro Health Foods Certified Agreement, we rely on material that has been filed in the statutory declaration which sets out the matters with relation to implementation of the agreement. Sorry, I seem to have found my missing employee rep, could I just ask her to come to the table.

PN5

THE COMMISSIONER: Yes.

PN6

MS C. QUILKEY: Commissioner, I work at Macro.

PN7

THE COMMISSIONER: Yes, thank you, Ms Quilkey. Yes, Mr Clarke?

PN8

MR CLARKE: The statutory declaration sets out the process which in effect I was involved in from the start which lead to negotiations and consultation with the team leaders who were covered by the certified agreement fairly extensively at the work site, as well as them communicating and discussing matters with the employees on the work site. The agreement is a follow on certified agreement from the 1999 certified agreement and as a result of some detailed wage checking we did to lead to a 10 percent wage increase for employees from this year to last year to ensure that the no disadvantage test requirements were comfortably met, and we rely on those for certification of the agreement.

PN9

I might point out that we did find one typographical error in the agreement after or during the voting process which lead to an increase in employee entitlements in that in clause 5.2A, the second sentence, at the time of the vote read:

PN10

A permanent employees annual leave will accrue at the rate of 7.8 percent for per hour worked but not including overtime.

PN11

and that's been bumped up as a result of some calculations done to 8.9 percent, and its those that I rely on.

PN12

THE COMMISSIONER: Yes. Ms Quilkey, you're one of the employees.

PN13

MS QUILKEY: Yes.

PN14

THE COMMISSIONER: At least for yourself are you satisfied that the agreement is better than if you were under the State award?

PN15

MS QUILKEY: I haven't read the State award so I can't comment on that.

PN16

THE COMMISSIONER: What do we do now, Mr Clarke, she hasn't read the State award.

PN17

MR CLARKE: Commissioner, I could probably say that I haven't had a chance obviously to speak to Ms Quilkey and we're hoping that one of the principals of the business were here. Certainly what I'd say was that the terms of the agreement were explained to all these employees concerned and explained in some detail on a number of occasions.

PN18

THE COMMISSIONER: Ms Quilkey, did you receive an explanation document like a notice, my copy is yellow and it went through comparing the award with the agreements bit by bit.

PN19

MS QUILKEY: I don't believe so. We got a draft and then we got the new thing to vote on.

PN20

THE COMMISSIONER: Yes, but wasn't there a notice that you got?

PN21

MS QUILKEY: A yellow notice.

PN22

THE COMMISSIONER: Well, yes, yellow or lemon.

PN23

MS QUILKEY: That specifically compared to the State award.

PN24

THE COMMISSIONER: Yes.

PN25

MR CLARKE: Commissioner, I'll try and help again. I think the agreement actually had a notice that compared it to the current agreement and all the changes that were made to the current agreement as opposed to the State award and the notice I'm sure if, Ms Quilkey, could see a copy, also just outline and gave the notice for the intention of making a certified agreement.

PN26

THE COMMISSIONER: I'm sorry, Mr Clarke, there were changes to the agreement and it compared the new agreement to the old agreement, did it.

PN27

You're aware of that, are you, Ms Quilkey?

PN28

MS QUILKEY: Yes.

PN29

THE COMMISSIONER: Anyway you voted on the agreement, yes, with a vote conducted by an outside company, wasn't it?

PN30

MS QUILKEY: Yes.

PN31

THE COMMISSIONER: Yes, thank you, Ms Quilkey. The only thing that strikes me Mr Clarke, is this and just to clarify one thing. In relation to resolution of workplace issues it says:

PN32

Either party may refer the matter to the Commission for resolution by conciliation.

PN33

7C, 7(1)(c):

PN34

If either party is unhappy with conciliation they may refer the matter to arbitration, and if they refer to arbitration, well, both sides will accept that arbitration.

PN35

MR CLARKE: I suppose it forces both sides under section 170LW that the Commission under that has the right to resolve the matter via arbitration if either side can't agree to the conciliation process, Commissioner.

PN36

THE COMMISSIONER: Yes, thank you. This is an application to have certified an agreement that is to be known the Macro Health Foods Certified Agreement 2002, the parties to the agreement are Macro Trading Pty Limited and its employees, and on the basis of the submissions and documentation the Commission is satisfied that the relevant requirements of the Act and the rules of the Commission have been complied with. Consequently the agreement will be certified and it will come into force from 5 December 2002, and will remain in force until 31 October 2005, and on that basis these proceedings are now adjourned.

ADJOURNED INDEFINITELY [9.45am]