AG2003/1753, Transcript of Proceedings [2003] AIRCTrans 1142 (31 March 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N VT2006

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2003/1753

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Transport Workers Union of
Australia and Another for certification
of the Toll Linehaul Enterprise Agreement
2001

MELBOURNE

10.09 AM, FRIDAY, 14 MARCH 2003

PN1

THE COMMISSIONER: The appearances are the same as the last one.

PN2

The appearances haven't changed from the previous matter. Yes, Ms Learmonth.

PN3

MS S. LEARMONTH: Commissioner, this is an application made under division 2 of part VIB of the Workplace Relations Act for the certification of an agreement. We would submit that all the requirements of the Act, regulations and rules of the Commission have been made. We would also submit that the requirements of section 170LJ have been met. We would also submit that the agreement meets the requirements of section 170LT of the Act in that it passes the no disadvantage test. It was genuinely approved by a valid majority of relevant employees. The terms of the agreement were appropriately explained to those employees.

PN4

It contains a dispute settlement procedure at clause 16 and at clause 5 of the agreement contains a nominal expiry date of 30 June 2004. The agreement is underpinned by the Transport Workers (Long Distance Drivers) Award 2000 and we would submit therefore that the agreement meets the requirements of the Act and we are seeking certification from today's date.

PN5

THE COMMISSIONER: Yes, thank you. Ms Ryan.

PN6

MR P. RYAN: I would support the submissions of my friend Ms Learmonth in this matter.

PN7

THE COMMISSIONER: This is an application for an agreement between the Transport Workers Union of Australia and Toll Holdings Limited. The agreement is to be known as the Toll Linehaul Enterprise Agreement and pursuant to section 170LT of the Workplace Relations Act 1996 the Commission certifies the attached written agreement. The agreement is to come into force from 14 March 2003 and remain in force until 30 June 2004. The Commission is adjourned.

ADJOURNED INDEFINITELY [10.10am]