AG2002/1409, Transcript of Proceedings [2002] AIRCTrans 838 (14 March 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT02765

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

AG2002/1409
AG2002/1416
AG2002/1417

APPLICATIONS FOR VARIATION OF
CERTIFIED AGREEMENT TO REMOVE
AMBIGUITY

Applications under section 170MD(6) of the
Act by Hazelton Air Services Pty Ltd to vary
the Aircraft Engineers (Hazelton Airlines)
Agreement 1999-2001, the Hazelton Airlines,
Sydney Operations Department, Enterprise
Agreement 2000 and the Hazelton Airlines
Flight Attendants Enterprise Agreement 1999

MELBOURNE

9.14 AM, THURSDAY, 28 FEBRUARY 2002

PN1

MR C. POWER: I seek leave to appear for the Administrator in relation to Hazelton Airlines Limited, Hazelton Air Services and Hazelton Air Charter Pty Ltd.

PN2

MR A. WATSON: I appear for respondent unions in each of the matters.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, thank you Mr Watson. No objection. Leave is granted, Mr Power.

PN4

MR POWER: Your Honour, the applications before you are applications to extend the operation of the stand down clauses that appear in certified agreements that applied loosely to the ASU employees, the flight attendants and the engineering employees. We have had some discussions with the respondent unions in relation to the application and we have reached an agreement that instead of extending to 30 April that we in fact extend it to 15 March. So I would seek to amend each of those applications to provide for the relevant date as 15 March 2002.

PN5

THE SENIOR DEPUTY PRESIDENT: In each case, yes.

PN6

MR POWER: And I understand that that can be processed by consent.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you, Mr Power. Yes, Mr Watson.

PN8

MR WATSON: Yes, your Honour. I can confirm that with the amendment of the date until 15 March 2002 the respondent unions consent to the extension of the stand down clauses proposed. If your Honour pleases.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Watson. Yes. These are applications pursuant to section 170MD(6) of the Act to vary stand down provisions in three agreements involving Hazelton Air Services Proprietary Limited and various union parties to those agreements. The applications have been amended to reflect a consent position reached with the unions bound. The effect of the amended variation would be to extend the operation of the stand down provisions in each case until 15 March 2002.

PN10

The variations are sought consistent with the insertion of a stand down provision into the agreements and their prior variation to permit the company to stand down employees whilst sale processes are in place in order to maximise the opportunity for sale and ongoing employment of at least some employees of Hazelton Air Services. I am satisfied that each of the agreements should be varied in the manner agreed between the parties. I will give effect to the variations sought extending the stand down provision until 15 March 2002 in each case. The orders shall come into force from 28 February 2002 and shall remain in force for a period of three months. I will now adjourn these proceedings.

ADJOURNED INDEFINITELY [9.19am]