AG2003/1658, Transcript of Proceedings [2003] AIRCTrans 1139 (31 March 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N VT2009

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2003/1658

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Victoria Racing Club and Another
for certification of The Victoria Racing
Club and the Australian Workers Union
(Victoria Branch) Enterprise Agreement

MELBOURNE

10.37 AM, FRIDAY, 14 MARCH 2003

PN1

MR C. WINTER: I appear on behalf of the Australian Workers Union and with me is a number of delegates who are employed by the Victorian racing clubs.

PN2

MS MUMME: I seek leave to appear on behalf of the VRC. With me is MR J. ANSTEY from the VRC.

PN3

THE COMMISSIONER: Yes, leave is granted, Ms Mumme, thank you. Yes, Mr Winter.

PN4

MR WINTER: Thank you, Commissioner. The first matter I would like to deal with in relation to this is I would seek the Commission use its discretion under 111(1)(r) in regard to the agreement. The agreement is late. It is not - hasn't been lodged late for - - -

PN5

THE COMMISSIONER: Leave is granted for the extension.

PN6

MR WINTER: Thank you, Commissioner. The agreement itself is - has been negotiated via the consultative committee that was established between the VRC, the AWU and the delegates concerned. I would rely on the statutory declaration that has been put forward and signed off by Mr Peter Smoljko, the Organiser. I believe that the agreement that is before you complies with all aspects of the Act and I see no reason for it not to be certified. If the Commission pleases.

PN7

THE COMMISSIONER: Yes, thank you, Mr Winter. When you are ready, Ms Mumme.

PN8

MS MUMME: Commissioner, we simply support the submissions that have been put this morning by Mr Winter. I wasn't proposing on going through the agreement unless the Commission thought it necessary.

PN9

THE COMMISSIONER: Let me assure you that the Commission has been through the agreement. This is an application for an agreement between the Victoria Racing Club and the Australian Workers Union, the agreement to be known as the Victoria Racing Club and the Australian Workers Union (Victoria Branch) Enterprise Agreement 2003. The Commission is satisfied that the agreement conforms with the requirements of the Workplace Relations Act and is a fair and reasonable agreement. Accordingly, pursuant to section 170LT of the Workplace Relations Act 1996, the Commission certifies the said agreement. The agreement comes into force from today's date, 14 March 2003 and remains in force until 30 June 2005. Thank you, good morning.

ADJOURNED INDEFINITELY [10.39am]