AG2002/5842, Transcript of Proceedings [2002] AIRCTrans 5258 (31 December 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 10, MLC Court 15 Adelaide St BRISBANE Qld 4000
(PO Box 38 Roma St Brisbane Qld 4003) Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HODDER

AG2002/5842

APPLICATION FOR CERTIFICATION OF AGREEMENT

Application under section 170LK of
the Act by Mayne Group Limited for
certification of the Faulding Healthcare
Pty Ltd trading as Golden Glow Natural
Health Products Certified Agreement 2002

BRISBANE

9.35 AM THURSDAY, 12 DECEMBER 2002

PN1

THE COMMISSIONER: Can I have the appearances, please?

PN2

MR L. MOLONEY: If the Commission pleases, Moloney, L.E. of Livingstones, Australia. I seek leave to appear as agent on behalf of Faulding Healthcare Proprietary Limited, trading as Golden Glow Natural Health Products. With me today is MS MAXINE FROST, Human Resources Manager, and MR PAUL KNIGHT who is Client Services Manager. Commissioner, also with us today are three members of the employee negotiating team, namely MS MEGAN RANELLI who works in Client Services, MS ROBYN DOHNT and MS DEBBIE McPHARLAND.

PN3

THE COMMISSIONER: Yes, thank you. I'll grant you leave to appear, Mr Moloney.

PN4

MR MOLONEY: Thank you, Commissioner.

PN5

THE COMMISSIONER: Yes, I'll hear your submissions, thank you.

PN6

MR MOLONEY: Thank you. Commissioner, this is an application for certification of the Faulding Healthcare Proprietary Limited, trading is Golden Glow Natural Health Products Certified Agreement 2002. The agreement is designed to replace a previous state registered agreement which expired on 30 September. It's been negotiated between the company and the employees. The employees, along with management, formed a negotiating team which they called Certified Agreement Team 3, and their role and responsibility was to meet, collate information, discuss the terms of a new agreement and to arrive at a new agreement which has been done.

PN7

Commissioner, there were two statutory declarations filed in accordance with the rules on 7 November: one by Mr Patrick Davies, who is the general manager of Golden Globe, and also by Ms Ranelli on behalf of the employees. Commissioner, the essence of this agreement is that it has an operative date which is - - -

PN8

THE COMMISSIONER: Well, it will be from today where I'm concerned.

PN9

MR MOLONEY: Operative date which is today but the company has implemented the wage increases from 1 October 2002 for the employees. It has an expiry date of 30 September 2004. There were settlement of disputes and the grievance procedure is contained at clause 2.5 of the agreement. The pay rises, Commissioner, that are set out in the agreement are based upon the rates being set at 3 per cent above the relevant state award. The majority of the employees are covered by the Clerical Employees Award; 3 per cent above the relevant state award classification. The agreement contains a new classification structure and employees have translated into that new classification structure.

PN10

At clause 3.3.1, there is an increase set out there of 3.4 per cent: that would be the minimum increase that would apply. There's a further 3.4. per cent in 2003. In practice, the majority of the employees in the warehouse, by transferring to the new classification structure, received a 5 to 6 per cent wage increase at the time of translation and the clerical employees increase was approximately 7 per cent. We've also provided the Commission with additional information in response to correspondence from the Commission, I think on 22 and 29 November, which we trust addressed all of the issues that were raised by the Commission in terms of the company process - - -

PN11

THE COMMISSIONER: Yes.

PN12

MR MOLONEY: - - - how it went about it and its compliance with the provisions of the Act.

PN13

THE COMMISSIONER: Yes, well, we've considered that correspondence and those responses, Mr Moloney, and I'm satisfied that they met the concerns the Commission had raised.

PN14

MR MOLONEY: Thank you, Commissioner. Commissioner, we believe the agreement meets the required legislative standards and we'd ask the Commission to certify the agreement.

PN15

THE COMMISSIONER: I just have one question, Mr Moloney.

PN16

MR MOLONEY: Yes, Commissioner.

PN17

THE COMMISSIONER: Clause 2.5 and in particular subclause 2.5.5. What were the parties intending in terms of bringing unresolved matters arising under the grievance procedure to the Commission for assistance? What sort of assistance? I'm sorry; you've now provided me with information that the parties have given accord to section 111AA of the Act to be available to either party subject to the revision of that section. So that satisfies that question then, thank you.

PN18

MR MOLONEY: Thank you, Commissioner.

PN19

THE COMMISSIONER: Okay, thank you. Now, Megan, you're the employee representative at this particular establishment?

PN20

MS FROST: Yes, I am.

PN21

THE COMMISSIONER: And were you involved in all of the negotiations which went to the make up of this certified agreement?

PN22

MS FROST: Yes, I was.

PN23

THE COMMISSIONER: And were you satisfied with the level of information and the nature of the information that you and your fellow workers received in relation to the make up of this agreement?

PN24

MS FROST: Yes, I was. Along with my fellow team members, we felt the information was more than satisfactory and went above and beyond to help employees understand the agreement.

PN25

THE COMMISSIONER: Okay. So there were no employees who said to you, "Look, I wasn't satisfied with certain information that was given to me"?

PN26

MS FROST: None at all,no.

PN27

THE COMMISSIONER: Okay. All right. Thank you very much for that.

PN28

Having heard the parties, the Commission is satisfied that the parties have met the statutory obligations imposed upon them by way of the Workplace Relations Act. And in accordance with section 170LT of such Act, the Commission certifies the written agreement in that regard. This agreement shall come into force from 12 December 2002 and shall remain in force until 30 September 2004. I shall now adjourn these proceedings.

ADJOURNED INDEFINITELY [9.41am]