AG2002/402, Transcript of Proceedings [2003] AIRCTrans 103 (10 January 2003)

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TRANSCRIPT OF PROCEEDINGS

O/N WT05744

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT BLAIN

AG2002/402

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of
the Act by National Union of Workers -
Western Australian Branch and Another
for certification of the Bridgestone
Australian Ltd Tyre Marketing and
Operations Division (Western Australian
Company Owned Tyre Centres) 2002
Certified Agreement

PERTH

3.08 PM, THURSDAY, 19 DECEMBER 2002

PN1

MR T.J. POPE: I appear on behalf of the NUW, sir.

PN2

MR T.C. TARPAY: I appear on behalf of Bridgestone Australia.

PN3

THE DEPUTY PRESIDENT: Thank you. Mr Pope?

PN4

MR POPE: Yes, sir. Thank you, sir. You have before you an application for the certification of the Bridgestone Australia Limited Tyre Marketing and Operations Agreement, just to abbreviate the title, pursuant to section 170LJ of the Workplace Relations Act. The application is made by the consent of the parties and is accompanied by the necessary statutory declarations signed by Mr Martin Pritchard, Branch Secretary of the NUW and Mr Tom Tarpay on behalf of the employer.

PN5

The NUW is an organisation which has a number of members at the workplace and is entitled to represent the industrial interests of the employees covered by the agreement. The agreement covers a single business and applies to approximately 40 employees. In respect of section 170XA of the Act, the award which applies to the parties is the Vehicle Industry Repair Services and Retail Award 1983. We say, sir, there is no disadvantages in respect to employees wages and conditions of employment. The wages are $74 plus in the agreement in excess of the award rates as an example.

PN6

The parties have also complied with their obligations under sections 170LT, LE and LR of the Act. In brief, the copies of the agreement were made available to employees who are to be covered by the agreement more than 14 days prior to the vote. Meetings were conducted explaining all of the proposed terms and conditions of the agreement and in fact, this agreement is one in a series that replaces other agreements so the employees were fully aware of these sorts of conditions in there and the majority of changes in this particular agreement were to the wages clause.

PN7

The explanation given to employees is based upon the use of plain and easy to understand language and employees are regularly visited by our delegate and have the opportunity of discussing this agreement and other matters with them. So it is our position that in respect of the proposed agreement that there hasn't been any discrimination and that employees have been fully informed and protected. And in terms of those persons required to be named in the statutory declaration there are no women, three persons from a non-English speaking background who all understand English, three persons under the age of 21 and one person from Aboriginal or Torres Strait Islander descent and five casual employees.

PN8

The agreement was approved by a valid majority of employees on the 25th of the 11th and the application was made within the necessary 21 days. Clause 16 of the agreement provides for a method of preventing and settling disputes. The agreement is for a fixed term expiring on 4 August 2005. In closing, sir, can I say the NUW always has very good relationships with Bridgestone and I don't think we have had any problems and there is certainly very little that has come to me over the years. And Mr Tarpay and I discuss any minor matters that come up from time to time so we are more than pleased to put this agreement before you and indicate to you that we believe all the statutory requirements have been met. Thank you.

PN9

THE DEPUTY PRESIDENT: Thank you, Mr Pope. I'm wondering if you can confirm that the agreement would pass the no disadvantage test as of today's date?

PN10

MR POPE: Yes, it does, sir.

PN11

THE DEPUTY PRESIDENT: Yes?

PN12

MR POPE: Yes.

PN13

THE DEPUTY PRESIDENT: Thank you.

PN14

MR POPE: Yes, the $74 for the wages which I used as an example is the latest rates in that Vehicle Industry Award. Most of the rates in that award are in the $400 range and this particular agreement starts in the $500 range. I actually have the rates here if you would like to look at them for your own information. They aren't specified in the agreement because competitors use those as a method of gaining a competitive advantage as you probably would be aware but I have all the rates with me.

PN15

THE DEPUTY PRESIDENT: I don't think that would be necessary but if you wish to submit them that would be fine.

PN16

MR POPE: Well I won't submit them if you don't think it is necessary, sir. But we always keep copies of the rates for obvious reasons so that we know what the exact rate is. The rates were originally specified in the base agreement and since then it has been 3 per cent, 4 per cent, etcetera added to the top.

PN17

THE DEPUTY PRESIDENT: It would not be necessary unless you wish to submit them.

PN18

MR POPE: No, I don't, sir, thank you.

PN19

THE DEPUTY PRESIDENT: Thank you. That was my only question.

PN20

MR POPE: Yes, thank you, sir.

PN21

THE DEPUTY PRESIDENT: Mr Tarpay, did you wish to add your support to the agreement.

PN22

MR TARPAY: No, I concur with Mr Pope's remarks and I have nothing further to add.

PN23

THE DEPUTY PRESIDENT: Thank you. I turn then to the formal certification of the agreement. This is an application pursuant to Part VIB Division 2 section 170 LJ of the Workplace Relations Act 1996 to certify an agreement to be known as the Bridgestone Australia Limited Tyre Marketing and Operations Division (Western Australian owned Tyre Centres) 2002 Certified Agreement.

PN24

Having heard Mr T. Pope on behalf of the National Union of Workers, the NUW, and Mr T. Tarpay on behalf of Bridgestone Australia Limited and having read the statutory declarations filed by Mr M. Pritchard on behalf of the NUW and Mr T. Tarpay on behalf of Bridgestone Australia Limited, I am satisfied that the agreement filed relates to a constitution or corporation namely Bridgestone Australia Limited, ACN 007516841. I am satisfied that the NUW has at least one member employed in the part of the single business to which the agreement relates, and is entitled to represent the industrial interests of the member.

PN25

I am also satisfied as to the following. The agreement passes the no disadvantage test. The agreement was made in accordance with section 170LJ and a valid majority of persons employed at the time whose employment would be subject to the agreement genuinely approved the agreement. The explanation of the terms of the agreement was appropriate. The agreement includes procedures for preventing and settling disputes between the employer and the employees whose employment would be subject to the agreement and the agreement specifies a nominal expiry date of not more than three years after the date on which the agreement will come into operation.

PN26

I am further satisfied that there are no reasons set out in section 170LU of the Act why I should refuse to certify the agreement. Accordingly the agreement will be certified with effect from 19 December 2002 to operate in accordance with its terms from the same date. The formal certificate will issue in due course. I adjourn this hearing.

ADJOURNED INDEFINITELY [3.16pm]