AG2002/5648, Transcript of Proceedings [2002] AIRCTrans 5127 (19 December 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

AG2002/5648

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the
Act by Independent Distillers (Aust) Pty Ltd
for certification of the Independent Distillers
(Sydney) Employment Agreement 2002

SYDNEY

9.51 AM, THURSDAY, 5 DECEMBER 2002

Adjourned sine die

PN1

THE COMMISSIONER: Could I have the appearances please?

PN2

MR C. SMITH: I appear on behalf of the employers seeking registration of the agreement under the Act.

PN3

MR P. REED: I appear on behalf of the employees at Independent Distillers.

PN4

THE COMMISSIONER: Yes, thank you. Yes, Mr Smith?

PN5

MR SMITH: Commissioner, the company have ensured that they have carried out all the requirements of the Act. They went to a lot of trouble to ensure the employees who total five were fully informed of the content of the document. The various differences between the document and the award were clearly set out for them and a secret ballot was held of the members with a unanimous decision.

PN6

THE COMMISSIONER: Mr Smith, there was just one issue. In the agreement that you've provided, I notice in the statutory declaration you say, "The agreement was made on 29 October 2002", yes, and it says in the statutory declaration that it will expire on 30 October 2005.

PN7

MR SMITH: Yes, Commissioner, I registered a similar agreement to this one in Melbourne and the Commissioner suggested that what I should do in future rather than put in a date was to leave the date open until such time as the registration of the agreement and that would be inserted at that time. So that's what I did on this occasion.

PN8

THE COMMISSIONER: Well, that's what I was going to say, in the agreement itself it's blank.

PN9

MR SMITH: Yes.

PN10

THE COMMISSIONER: Yes, but when people voted do I take it that they thought they were voting for a three year agreement, is that the - - -

PN11

MR SMITH: Yes, Commissioner.

PN12

THE COMMISSIONER: Whatever the dates are for three years. And they voted on 29 October?

PN13

MR SMITH: Yes, that's correct, Commissioner. We would be happy in fact and it may well be that I shouldn't have put 30 October in as a final date. We'd be happy to run it for the three years.

PN14

THE COMMISSIONER: Well we can't - I don't know if we can do that part of it, but I hear what you say. The other thing too is I notice your comparisons, you provided me with comparisons of this compared with the award. I notice the date, the rates of pay are quite - have been substantially increased but the spread of hours are Monday to Friday, but now they're going to go from Monday to Sunday. On your current operation or how you envisage it, is there a lot of work on Sunday?

PN15

MR SMITH: I'm sorry, Commissioner, my hearing is not the best.

PN16

THE COMMISSIONER: The award makes ordinary time between Monday to Friday and presumably Sunday work or weekend work there are penalties, right, whereas under the agreement, the ordinary hours go from Monday to Sunday. What I'm asking you is: is there a lot of work for your five employees on weekends as opposed from Monday to Friday?

PN17

MR SMITH: Not regularly, Commissioner, and if in fact they do work on the Sunday, the agreement clearly provides they must be paid double time on Sunday in any event.

PN18

THE COMMISSIONER: I see, yes, thank you, Mr Smith. Mr Reed, you're one of the employees?

PN19

MR REED: That's correct.

PN20

THE COMMISSIONER: Yes and you voted for the agreement?

PN21

MR REED: I did.

PN22

THE COMMISSIONER: And you are satisfied that the agreement is no worse, in fact better than the award?

PN23

MR REED: I think myself and the other employees think it's very fair.

PN24

THE COMMISSIONER: Yes, thank you, Mr Reed. This is an application to have certified an agreement that is to be known as the Independent Distillers (Sydney) Employment Agreement 2002. On the basis of the documentation and submissions the Commission is satisfied that the relevant requirements of the Act and of the rules of the Commission have been complied with. Consequently the agreement will be certified. It will come into force from 5 December 2002 and because people voted for a three year agreement, I'm told, on 29 October 2002, I think the agreement will expire on 29 October 2005. I think that's only fair.

PN25

I ask, Mr Smith, if you could now provide the Commission with a fresh copy of the agreement with that date inserted. But anyway, on that basis, these proceedings are now adjourned.

ADJOURNED INDEFINITELY [9.57am]