AG2001/8049, Transcript of Proceedings [2002] AIRCTrans 522 (19 February 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT02334

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2001/8049
AG2001/8050

APPLICATION TO TERMINATE
AGREEMENT (PUBLIC INTEREST)

Application under section 170MH of the Act
by Tintern Schools for termination of a
certified agreement

APPLICATION FOR AGREEMENT
WITH EMPLOYEES (DIVISION 2)

Application under section 170LK of the Act
by Tintern Schools for certification of
Tintern Schools Agreement 2002

MELBOURNE

10.00 AM, MONDAY, 4 FEBRUARY 2002

PN1

MR T. WINTER: I am the Business Manager of Tintern Schools and I am accompanied by MR P. SINCLAIR who is the representative of the teaching and school assistant staff at Tintern Schools.

PN2

MS A. VILLELLA: I appear on behalf of the Independent Education Union of Australia and we are seeking to be bound by the agreement.

PN3

THE DEPUTY PRESIDENT: Thank you.

PN4

MR WINTER: Your Honour, you have before you the relevant documents relating to this hearing. They include the form R38 signed by the Principal of Tintern Schools for the termination of the Tintern Schools Certified agreement 2001 with effect from 31 January 2002. Do you wish to deal with that separately, or with the termination of the old agreement first and then separately with the new agreement?

PN5

THE DEPUTY PRESIDENT: I think we will deal with them separately, Mr Winter, so we will deal with the termination in the first instance.

PN6

MR WINTER: Right, that is the agreement - sorry, the form 38 for the termination of that agreement has been signed by the Principal and that is based on the assumption that the new agreement which is effective from 1 February 2002 will be certified by your Honour.

PN7

THE DEPUTY PRESIDENT: Thank you, Mr Winter. Based upon the submission of Mr Winter and based upon the documentation provided to me, an order will issue with effect from today's date terminating the Tintern Schools Certified Agreement 2000, and that will be subject to an order which will also issue subject to submissions yet to be heard regarding the certification of a new certified agreement with respect to Tintern Schools known as the Tintern Schools Certified Agreement 2002. Thank you, Mr Winter.

PN8

MR WINTER: Your Honour, you have also before you the relevant documents relating to the Tintern Schools Certified Agreement for 2002, which is to be effective from 1 February 2002. You have the form R30 signed by the Principal of Tintern Schools, Mrs Sylvia Walton, you have the form R30 signed by the employee representative of Tintern Schools, Mr Paul Sinclair, who is present today, and the form R29 signed by the Principal of Tintern Schools, Mrs Sylvia Walton. The Tintern Schools comprises two schools, those being Tintern Girls' Grammar School which is located at Ringwood East, and I might note that we are in our 125th year this year.

PN9

Also the second school is the Southwood Boys' Grammar School, which was opened on 1 February 1999 and occupies a site at Ringwood. The Tintern Schools Certified Agreement before you applies to all teachers employed by the Tintern Schools pursuant to the Victorian Independent Schools Teachers Award, and all school assistants employed by the Tintern Schools pursuant to the Victorian Independent Schools Schools Assistants Award. The certified agreement 2002 is based on the certified agreement 2001, but it has a few amendments compared with its predecessor.

PN10

Those are a salary increase of 4 per cent for teachers at levels 1 to 3, a salary increase of 4 per cent - sorry, 3 per cent for teachers at levels 5 to 12, a salary increase of 3 per cent for school assistants, the introduction of a new responsibility allowance level D for teachers, and recognition of redundancy entitlements for part-time teachers where there is a reduction of .5 or more full time equivalent hours during a semester. In negotiating this agreement, the staff are represented by elected representatives acting on their behalf.

PN11

The draft certified agreement was circulated to all teachers and school assistants on 28 November 2001. All staff were briefed orally on the contents of the certified agreement at staff meetings held at the Southwood campus on 3 December and the Tintern campus on 4 December. Voting was subsequently conducted by secret ballot on 14 December and was passed without any - with all voting for the agreement. It is the view of Tintern Schools we have met all statutory obligations in relation to this application and subject to any questions you may have we request certification of the Tintern Schools Certified Agreement 2002, effective from 1 February.

PN12

THE DEPUTY PRESIDENT: Thank you, Mr Winter. And you would support those submissions, Mr Sinclair?

PN13

MR SINCLAIR: That is correct.

PN14

THE DEPUTY PRESIDENT: Thank you.

PN15

MS VILLELLA: If the Commission pleases, I would like to tender the appropriate documents. We have a statement from the General Secretary attesting that the membership record at the school is a true and accurate record, a copy of the union membership list for the school and, pursuant to the Act, a letter from the member requesting that the union be bound to the agreement. Also a statutory declaration form R30. And I believe that the requirements of the Workplace Relations Act have been met and request that the Commission issue an order that the union be bound by the agreement.

PN16

THE DEPUTY PRESIDENT: And you are seeking to tender those documents now?

PN17

MS VILLELLA: Yes, thank you.

EXHIBIT #V1 BUNDLE OF DOCUMENTS

PN18

THE DEPUTY PRESIDENT: Well, firstly, let me say, Mr Winter, congratulations on your 125th year. I doubt whether there is any old boys' or girls' reunion of your original students by now, but congratulations anyway. Based upon the submissions put to me from the bar table and also the documentation previously provided to me, I reiterate first of all that an order will issue today under 170MH of the Act terminating the old Tintern Schools Certified Agreement of 2000. Further, an order will issue certifying the new Tintern Schools Agreement 2002. It will be certified under section 170LT of the Act. And I am satisfied based upon all of the documentation that the relevant requirements of the Act are met, particularly the specific requirements with respect to 170LK.

PN19

I will further issue an order binding the Victorian Independent Education Union to the agreement. That order will be in accordance with 170M3 of the Act. Each of those orders will issue with effect from today's date. On that basis, I think we can adjourn the matter. Thank you.

ADJOURNED INDEFINITELY [10.10am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #V1 BUNDLE OF DOCUMENTS PN18