AG2003/1540, Transcript of Proceedings [2003] AIRCTrans 1002 (21 March 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOFFMAN

AG2003/1540

APPLICATION FOR CERTIFICATION OF AGREEMENT

Application under section 170LK of the Act
by East Coast Kerbing Pty Ltd re the East Coast
Kerbing Pty Ltd Certified Agreement 2003

BRISBANE

10.39 AM, THURSDAY, 6 MARCH 2003

PN1

THE COMMISSIONER: Yes, can we have the appearances, thank you.

PN2

MR P.J. RYAN: If the Commission, my name is Ryan, initial P.J., Queensland Chamber of Commerce and Industry Limited Industrial Organisation of Employers, on behalf of the applicant, Commissioner, East Coast Kerbing Pty Ltd.

PN3

THE COMMISSIONER: Yes, thank you.

PN4

MR RYAN: Commissioner, the application before you has been made pursuant to section 170LK of the Workplace Relations Act 1996. The agreement itself is to cover employees and the employer of East Coast Kerbing Pty Ltd which are located at Nerang on the Gold Coast in Queensland. The agreement itself, Commissioner, from my understanding, is a replacement agreement for a previous agreement that existed and that was certified in this jurisdiction, I believe.

PN5

The agreement itself covers eight employees in total, and I can inform you, Commissioner, that statutory declarations which meet the requirements of the Act have been submitted by Joseph Kiely, who is an employee and crew leader of East Coast Kerbing Pty Ltd, and Mr Dean Armstrong, who is the construction manager of the group. Commissioner, I would submit to you that the detail contained in the statutory declarations meets the requirement of the Act - or requirements of the Act. In particular, Commissioner, I can inform you that the process that was followed in relation to the certification of the agreement commenced, I believe, late last year.

PN6

I can inform you that in January of this year there were further discussions in relation to putting a replacement agreement in place. There was a meeting on or around 14 January of this year to go through the final draft of this document, Commissioner, and basically advise all employees of its content. I can further advise you that a vote was taken on 29 January of this year of which the agreement was unanimously voted upon. On the basis of the submissions I have given, Commissioner, and on the material contained in the statutory declarations, we would submit to you that the agreement passes the no-disadvantage test, and meets all requirements in the legislation, and therefore we would seek to have it certified. May it please the Commission.

PN7

THE COMMISSIONER: Yes, thank you. Yes, on the basis of the statutory declarations and the submissions, the Commission is satisfied the requirements of the Act and Rules have been met. The agreement shall operate from 6 March 2003 and remain in force until 30 August 2005. The matter stands adjourned.

ADJOURNED INDEFINITELY [10.42am]