AG2002/1377, Transcript of Proceedings [2002] AIRCTrans 818 (13 March 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 60-70 Elizabeth St SYDNEY NSW 2000
DX1344 Sydney Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DRAKE

AG2002/1377
AG2002/1245
AG2002/1251

APPLICATIONS FOR CERTIFICATION
OF AGREEMENTS

Application under section 170LK of the Act
by Symphony Australia Holdings Pty Ltd for
certification of the Symphony Australia Staff
Agreement 2002

Application under section 170LJ of the Act
by Queensland Orchestra Pty Limited and Another
for certification of the Queensland Orchestra
Musicians Agreement 2001

Application under section 170LJ of the Act
by Adelaide Symphony Orchestra Pty Limited for
certification of the Adelaide Symphony Orchestra
Staff Agreement 2001

SYDNEY

10.48 AM, WEDNESDAY, 27 FEBRUARY 2002

Adjourned sine die

PN1

THE SENIOR DEPUTY PRESIDENT: I apologise for having kept you waiting. Mr Ryan?

PN2

MR M. RYAN: Yes, your Honour, I only appear in matter 2002/1245.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, which is the Queensland Orchestras

PN4

MR D. DANIELS: If the Commission pleases, I appear for the Queensland Orchestras Pty Ltd in that matter. Do you want to deal with them separately, your Honour?

PN5

THE SENIOR DEPUTY PRESIDENT: I will deal with Mr Ryan's matter first so he can go.

PN6

MR RYAN: Thank you, your Honour.

PN7

MR DANIELS: If the Commission pleases, I will address that matter.

PN8

THE SENIOR DEPUTY PRESIDENT: If you say your submissions are the same in all matters then I will rely on them but we will just deal first with Mr Ryan's matter, 1245.

PN9

MR DANIELS: In respect of that matter, your Honour, this is an application for a section LJ agreement. Before I start, I would just like to correct the record in relation to the two statutory declarations. In relation to part six of the MEAA statutory declaration. It says the vote was taken on 4 February 2002, in fact it was taken on 5 February 2002. So you might note that there is a disparity between those two statutory declarations. Would you like me to go through the essential elements of the statutory declaration?

PN10

THE SENIOR DEPUTY PRESIDENT: No.

PN11

MR DANIELS: If the Commission pleases.

PN12

THE SENIOR DEPUTY PRESIDENT: You rely on the statutory declaration. You say the agreement complies?

PN13

MR DANIELS: We rely on the statutory declarations and the agreement complies. Thank you.

PN14

MR RYAN: Your Honour, would it be possible to go off the record for a couple of seconds.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes.

OFF THE RECORD [10.51am]

RESUMES [10.52am]

PN16

THE SENIOR DEPUTY PRESIDENT: Yes.

PN17

MR RYAN: Thank you, your Honour. I think Mr Daniels is briefly taking you to the nature of the agreement. Could I just say briefly, your Honour, that it is a fairly short period agreement going from 12 September last year to 30 June this year. It contains a three percent wage increase from 12 September last year. The employer will now take responsibility for the costs of instrument insurance and there has been a restructure of some of the committees which are mentioned in the agreement. Can I also note, your Honour that clause 16.2 of the agreement provides for the employer where a member authorises the employer to take out union fees by way of deduction and pass it on to the Alliance.

PN18

I think it is common knowledge within industrial relations circles that such clauses have been the subject of a number of decisions recently of the Commission. Can I submit, your Honour that we would be relying on the decision of Munro J in print PR914378 which upheld the validity of such a clause going into the agreement. I think there is also a decision of Senior Deputy President Kaufman recently as well concerning some Victorian local government authorities which on a slightly different point said, an agreement in similar terms can be certified and can still contain such a clause.

PN19

So we actually do rely however on Munro J's decision. So your Honour, we believe that the agreement meets the requirements of the Act for certification and would seek that the agreement be certified as set out in the agreement, if the Commission pleases.

PN20

THE SENIOR DEPUTY PRESIDENT: Thank you, you have no opposition?

PN21

MR DANIELS: I concur with that submission.

PN22

THE SENIOR DEPUTY PRESIDENT: I intend in any event to follow Munro J's decision in relation to those matters rather than Senior Deputy President Kaufman's or Deputy President Ives and I will certify the agreement as sought from today's date. Thank you. I do apologise again for having kept you.

PN23

Mr Daniels, are your submissions the same in both the other matters?

PN24

MR DANIELS: They are, your Honour. These are both staff agreements. In respect of the Symphony Australia Staff Agreement I appear for Symphony Australia Holdings Pty Ltd, and in respect of the Adelaide Symphony Orchestras Staff Agreement, I appear for Adelaide Symphony Orchestras Pty Ltd, two separate organisations. I think I would stand by the statutory declarations and the documentation submitted to the Commission and respond to any questions that you may have.

PN25

THE SENIOR DEPUTY PRESIDENT: I don't have any.

PN26

MR DANIELS: Thank you, your Honour.

PN27

THE SENIOR DEPUTY PRESIDENT: Something causes me however to check about this payroll deduction clause, are they in these two matters.

PN28

MR DANIELS: They are not in these agreements, your Honour.

PN29

THE SENIOR DEPUTY PRESIDENT: Both agreements will be certified from today's date as sought and I will rely on the statutory declarations in relation to the matters. You are excused, thank you.

ADJOURNED INDEFINITELY [10.55am]