AG2003/1357, Transcript of Proceedings [2003] AIRCTrans 1065 (25 March 2003)

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ABN 76 082 664 220

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TRANSCRIPT OF PROCEEDINGS


O/N VT1984

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2003/1357

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Construction, Forestry, Mining
and Energy Union - FFPD - Vic FFTS Branch
and Another for certification of the
MGS Projects Pty Ltd Enterprise Bargaining
Agreement 2003

MELBOURNE

1.06 PM, TUESDAY, 11 MARCH 2003

PN1

MR R. LOWE: I appear for the CFMEU.

PN2

THE SENIOR DEPUTY PRESIDENT: L-o-w-e is it?

PN3

MR LOWE: L-o-w-e, yes.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes Mr Lowe. You are by yourself.

PN5

MR LOWE: Yes your Honour. Your Honour, the union is seeking the certification of an agreement made between the CFMEU and MGS Projects Pty Ltd. The agreement was made by the parties pursuant to division 2, section 170LT of the Workplace Relations Act 1996. The agreement and statutory declarations were lodged with the registry on 19 February 2003 and the stat decs were signed by Leo Skourdombis on behalf of the union and Ms Ann Smith, manager of MGS Projects Limited.

PN6

The union would submit, your Honour, that the requirements of the Act have been met. The agreement covers three employees. All of the employees are women. The employees had the agreement with them for a period of 14 days. There was a meeting held on 12 February 2003. The employees were taken through the agreement clause by clause by the organiser and all questions they raised were answered to their satisfaction. There was unanimous endorsement of the agreement and that agreement was signed after being endorsed by the employees to be covered by it. There is a disputes procedure at clause 24 of the agreement. The nominal expiry date is 30 September 2005.

PN7

I wanted to raise, your Honour, the issue of reference to the parent award which your associate raised with me and I would hand to the Commission copies of two documents, one which is print Q2555 and the other is the award. The issue, your Honour, is that we have sought to retain through this enterprise agreement, by agreement, matters that related or were provisions in the furnishing trades award prior to the award simplification process.

PN8

The first document that I have handed up, Commissioner, is print Q2555, which is the decision of Commissioner Lewin of 30 June 1998 relating to the award simplification process and the other, much larger document, is the award minus the respondents to the award, which is dated 18 December 1996 and that is the award that applied at that time, your Honour. Your Honour, the union would submit that the requirements of the Act have been met and that the agreement should be certified by the Commission.

PN9

THE SENIOR DEPUTY PRESIDENT: We will go into conference.

SHORT ADJOURNMENT [1.10pm]

RESUMED [1.12pm]

PN10

THE SENIOR DEPUTY PRESIDENT: Mr Lowe, in regard to clause 29, there is a reference to exclusive representation which I am concerned offends the Act. Is there any objection to the amendment to that clause so as to make it that the union party to this agreement shall be a representative of the labour half and employees working at the company sites?

PN11

MR LOWE: No, there won't be any objection, your Honour.

PN12

THE SENIOR DEPUTY PRESIDENT: No. Okay. Well having regard to the material contained on the file in this matter and also the submissions put to me, I am satisfied I should certify the agreement known as the MGS Projects Pty Ltd Enterprise Bargaining Agreement 2003, subject to the amendment as discussed. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations. The certification of the agreement will come into force from today's date and remain in force until 30 September 2005.

PN13

MR LOWE: Your Honour, just before you adjourn this matter, is it possible for me to get a copy of the transcript just to make sure that I get the wording right?

PN14

THE SENIOR DEPUTY PRESIDENT: Yes, certainly.

ADJOURNED INDEFINITELY [1.15pm]