AG2003/2092, Transcript of Proceedings [2003] AIRCTrans 1258 (7 April 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

AG2003/2092

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by State Transit Authority of New South Wales
Ferry Operations (Sydney and Newcastle) and
Australian Maritime Officers Union for certification
of State Transit Authority of New South Wales
Ferry Operations (Sydney and Newcastle) Australian
Maritime Officers Union Enterprise Agreement
2001-2003

SYDNEY

9.52 AM, FRIDAY, 21 MARCH 2003

PN1

MR M. McCARTHY: I appear for the State Transit Authority and with me is MS E. HOLMES.

PN2

MR K. PINCH: I appear on behalf of the Australian Maritime Officers Union.

PN3

THE COMMISSIONER: Yes, thank you. Yes, who wants to go first? Yes, Mr McCarthy?

PN4

MR McCARTHY: Commissioner, you have before you an application under Division 2, section 170LJ of the Act for certification of an agreement between the State Transit Authority of New South Wales and the Australian Maritime Officers Union. In relation to that application, Commissioner, if I can just very briefly address on the corporate status of the State Transit Authority. State Transit Authority is a New South Wales Government trading enterprise established under section 20 subsection (1) of Transport Administration Act and achieves corporate status by virtue of that section of the State legislation. It is therefore a trading corporation formed within the limits of the Commonwealth.

PN5

You have before you, Commissioner, a statutory declaration. If I can indicate, Commissioner, that in relation to the requirements of the Act that requirements in relation to a disputes settlement clause are met by section 10 of the proposed agreement and the expiry clause is at 3.3 of the agreement. The agreement is due to run between 31 December 2001 and 30 December this year. In our submission, Commissioner, the application meets the no disadvantage test. There is no reduction in conditions of employment certainly in relation to the award and in indeed in relation to previous agreements.

PN6

The agreement provides for overall wage increases of 10 per cent over the life of the agreement. There is a differential age outcome based on members of - difference between members of different superannuation schemes. The I suppose unique aspect of this agreement between the State Transit Authority, Commissioner, and the Australian Maritime Officers Union is that the parties have entered into an arrangement whereby members of First State which is an accumulation superannuation benefits scheme will sacrifice a portion, up to 4.7 per cent, of the overall 10 per cent wage increase to fund higher superannuation contributions.

PN7

Other members of the affected employees being members of the State Authority Superannuation Scheme which is a defined benefits scheme are not affected by that and take the full 10 per cent in terms of wage increases. Commissioner, in our submission, there are no discriminatory provisions in the proposed agreement and therefore in that sense the proposed agreement meets the requirements of the Act. Commissioner, obviously the agreement or the application for the agreement was lodged some several weeks out of time.

PN8

In relation to that, Commissioner, I would ask the Commission to exercise its discretion under section 111(1)(r) of the Act and by way of explanation, Commissioner, you will probably be aware in having certified previous agreements for the Authority that one of the difficulties that the Authority has in relation to the certification of agreements is that once an agreement is voted upon by members, by affected employees, the agreement must then be approved both at an administerial level and also by the New South Wales Premier's Department and sometimes they perhaps the alacrity that we who have to operate in the jurisdiction regard the applications with.

PN9

The proposed agreement, Commissioner, was approved by a valid majority of employees on 17 January and prior to that copies of the agreement were distributed to all employees and the terms of the agreement were explained to employees by officers of the Australian Maritime Officers Union. On the basis of those submissions, Commissioner, we would say that the proposed agreement meets the requirements of the Act and if the Commission exercises discretion under section 111(1)(r) of the Act that the agreement should be certified.

PN10

THE COMMISSIONER: There was no change in the employee profile between when they voted and had they voted only 21 days prior to the application?

PN11

MR McCARTHY: Not to my knowledge, Commissioner. Certainly there would have been no substantial change. There may have been one or two retirements perhaps but certainly it is a small enough group that I can say confidently that no substantial change that would have had any capacity to affect the outcome of that vote.

PN12

THE COMMISSIONER: Yes, thank you, Mr McCarthy.

PN13

MR McCARTHY: Thank you, Commissioner.

PN14

THE COMMISSIONER: Yes, Mr Pinch?

PN15

MR PINCH: Thank you, sir. Just to go on to that question, sir, there have been a couple of new people start there out of 112. The majority, overwhelming majority, did vote on the application, sir, on 17 January. All new applicants that start with Sydney Ferries are given a copy of the current enterprise agreement plus they were given a copy of the new agreement as well, so everyone that started there knew what agreement it was going to be.

PN16

This agreement is one that goes until December 2003. It has been under discussion for quite considerable time. It only came together just before Christmas and it was put to the members in January bearing in mind the Christmas festivities. So it has been quite a while in coming but we have finally got an agreement with the State Transit Authority. Sir, it does contain a dispute settlement procedure. It also contains a date in which it finishes. We believe, sir, that we have complied with the Act insofar as lateness of the application being put forward.

PN17

The test, as I understand it, is there has not been a substantial change in the amount of people. Actually the A that was voted on has not changed and we do have a reason, as Mr McCarthy has explained, so far as the Government has to go through all the bureaucratic nonsense, I wish they could cut it out but it will continue to do that all the time, it has to go to the Premier's Department and then for the Minister to sign off so it is a lengthy process in terms of getting an agreement here. Having said that, sir, we would ask that the agreement be certified from today's date. If the Commission pleases.

PN18

THE COMMISSIONER: Yes, thank you. This is an application to have certified an agreement that is to be known as the State Transit Authority of New South Wales Ferry Operations (Sydney and Newcastle) Australian Maritime Officers Union Enterprise Agreement 2001 to 2003. The parties to the agreement are the STA and the AMOU for short. On the basis of the submissions and documentation the Commission is satisfied the relevant requirements of the Act and of the rules of the Commission have been complied with. I accept the agreement was lodged out of time but in the circumstances the Commission extends time pursuant to the provisions of section 111. Consequently the agreement will be certified and will come into force from 21 March 2003 and will remain in force until 30 December 2003. On that basis these proceedings are now adjourned.

ADJOURNED INDEFINITELY [10.01am]