AG2003/1976, Transcript of Proceedings [2003] AIRCTrans 1124 (31 March 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N VT1989

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HINGLEY

AG2003/1976

APPLICATION FOR VARIATION OF
CERTIFIED AGREEMENT

Application under section 170MD(2) of the Act
by Rohm and HAAS Australia Pty Ltd re Defined
Benefit Superannuation provisions

MELBOURNE

9.50 AM, FRIDAY, 14 MARCH 2003

PN1

MS R. JASTRZEBSKI: I appear for the Australian Manufacturing Workers Union.

PN2

THE COMMISSIONER: Is there no employer representation coming this morning?

PN3

MS JASTRZEBSKI: It doesn't appear so, Commissioner. The Australian Institute Group made the application on behalf of the company. And I saw one of their industrial officers in the lift just a little earlier but they were on their way to another matter so I am not really sure.

PN4

THE COMMISSIONER: Well, it is their application that is the problem. They can't tell me about their own application. What can you tell me about it?

PN5

MS JASTRZEBSKI: All I can tell you about it is what the organiser, Gary Robb, spoke to me about it yesterday. It is a variation to the superannuation scheme that they are going to be using I believe and basically that is all there is to it. Gary Robb said that the members there were actually quite anxious that this went through but I am afraid that I don't know the background to it.

PN6

THE COMMISSIONER: All the documentation is in and correct but I think all I can do is hear everything that you want to put to me and then reserve and contact AIG. If there anything further you wanted to say?

PN7

MS JASTRZEBSKI: No, I wouldn't think so. We would be happy to rely on a stat dec and leave it at that until we know whether the AIG have any reason for not being here.

OFF THE RECORD

PN8

THE COMMISSIONER: Well, thank you, Ms Jastrzebski. As I indicated I will contact AIG. It is their application and I want to hear more about it but I will reserve my decision and issue it following my discussions with them.

PN9

MS JASTRZEBSKI: Excellent. Thank you, Commissioner.

SHORT ADJOURNMENT [9.54am]

RESUMED [10.29am]

PN10

THE COMMISSIONER: There are additional appearances.

PN11

MR T. BOURKE: I appear for the Australian Industry Group on behalf of Rohm and HAAS.

PN12

THE COMMISSIONER: Thank you, Mr Bourke. Mr Bourke, Ms Jastrzebski has just made submissions to me. Do you want to - it is your application though - do you want to - - -

PN13

MR BOURKE: Just very briefly, Commissioner. And first, can I apologise for the inconvenience caused by our non-appearance at the original time set down for the matter. Commissioner, as you are aware this is a variation to an existing enterprise agreement regarding superannuation. The company believes that the process which has been followed has been appropriate and that the documentation which has been lodged with the Commission is in accordance with the requirements of the Act. Other than that, Commissioner, unless you have any questions can I simply say that on behalf of the company - and I believe the union parties - that I would ask that the agreement be varied in accordance with the application that has been lodged. If the Commission pleases.

PN14

THE COMMISSIONER: Thank you, Mr Bourke. I have had the opportunity to examine the material submitted. I have no questions and in fact I regard them as in order. I am satisfied that I would be required to certify the agreement as varied had it been a new agreement and I am also satisfied that the variations were approved by a valid majority of employees and I intend to approve the variation but I will issue a formal decision in that regard. Thank you very much. This is adjourned.

ADJOURNED INDEFINITELY [10.30am]