AG2002/6032, Transcript of Proceedings [2003] AIRCTrans 129 (14 January 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N VT1217

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

AG2002/6032, 6075, 6076, 6077,
6078, 6079, 6080, 6081, 6082,
6083, 6165, 6166, 6167, 6168,
6169, 6170, 6171, 6172, 6330,
6331, 6332, 6369, 6370, 6371,
6372, 6373, 6374, 6375, 6376,
6377, 6304, 6305, 6306, 6307,
6308, 6309, 6310, 6311, 6312,
6313, 6314, 6315

GOODIES ROOFING PTY LTD AND CEPU
ENTERPRISE AGREEMENT 2002-2005

DIAMOND WELDING PTY LTD AND CEPU
ENTERPRISE AGREEMENT 2002-2005

MJ & AE LOWE AND CEPU ENTERPRISE
AGREEMENT 2002-2005

ROSAVRASO NOMINEES PTY LTD TRADING
AS RASO & SONS AND CEPU ENTERPRISE
AGREEMENT 2002-2005

REXTREME INSULATION AND CEPU
ENTERPRISE AGREEMENT 2002-2005

JUST AIR AND CEPU ENTERPRISE
AGREEMENT 2002-2005

V.I.C. INSULATION CONTRACTORS AND
CEPU ENTERPRISE AGREEMENT 2002-2005

MELBOURNE GAS SERVICES PTY LTD AND
CEPU ENTERPRISE AGREEMENT 2002-2005

PHIL'S AND MICK'S PLUMBING AND
CEPU ENTERPRISE AGREEMENT 2002-2005

WAYNE G. D'OLIVER PTY LTD AND CEPU
ENTERPRISE AGREEMENT 2002-2005

GRAINGER GROUP AND CEPU ENTERPRISE
AGREEMENT 2002-2005

KRM PLUMBING INSTALLATIONS PTY LTD
AND CEPU ENTERPRISE AGREEMENT 2002-2005

BHB PLUMBING PTY LTD AND CEPU
ENTERPRISE AGREEMENT 2002-2005

TONY MODICA PLUMBERS PTY LTD TRADING
AS BP PLUMBING AND CEPU ENTERPRISE
AGREEMENT 2002-2005

PROJECT DEVELOPMENTS PTY LTD AND
CEPU ENTERPRISE AGREEMENT 2002-2005

ADVANCED POLY FUSION PTY LTD AND CEPU
ENTERPRISE AGREEMENT 2002-2005

G & F HEATING PTY LTD AND CEPU ENTERPRISE
AGREEMENT 2002-2005

GEELONG ROOFING PTY LTD AND CEPU
ENTERPRISE AGREEMENT 2002-2005

HYDROSTREAM PLUMBING SYSTEMS PTY LTD
AND CEPU ENTERPRISE AGREEMENT 2002-2005

AUSTANK AND CEPU ENTERPRISE AGREEMENT
2002-2005

BOYLE & GRIGG PTY LTD AND CEPU ENTERPRISE
AGREEMENT 2002-2005

GLEN WHITTLE TRADING AS BETTER COVER
PLUMBING & ROOFING AND CEPU ENTERPRISE
AGREEMENT 2002-2005

GESCHKE PTY LTD AND CEPU ENTERPRISE
AGREEMENT 2002-2005

QUICKSILVER AND CEPU ENTERPRISE
AGREEMENT 2002-2005

COOLTEMP AIRCONDITIONING PTY LTD AND
CEPU ENTERPRISE AGREEMENT 2002-2005

PACIFIC HEAT TRANSFER PTY LTD AND
CEPU ENTERPRISE AGREEMENT 2002-2005

GODFREY PTY LTD AND CEPU ENTERPRISE
AGREEMENT 2002-2005

P & R AIRCONDITIONING SERVICES PTY LTD
AND CEPU ENTERPRISE AGREEMENT 2002-2005

PREMIER PLUMBING SERVICES (VICTORIA)
PTY LTD AND CEPU ENTERPRISE AGREEMENT
2002-2005

BUDGET CONVEYANCING COMPANY PTY LTD
AND CEPU ENTERPRISE AGREEMENT 2002-2005

CONTRACTFIRE PTY LTD SPRINKLER FITTING
CERTIFIED AGREEMENT VIC 2002-2005

UMASH PTY LTD SPRINKLER FITTING
CERTIFIED AGREEMENT VIC 2002-2005

MC FIRE PROTECTION PTY LTD SPRINKLER
FITTING CERTIFIED AGREEMENT VIC 2002-2005

FIRESPRAY PTY LTD SPRINKLER FITTING
CERTIFIED AGREEMENT VIC 2002-2005

FLAME FIRE PROTECTION AUST PTY LTD
SPRINKLER FITTING CERTIFIED AGREEMENT
VIC 2002-2005

ENTIRE FIRE PROTECTION PTY LTD SPRINKLER
FITTING CERTIFIED AGREEMENT VIC 2002-2005

NETWORK FIRE SYSTEMS PTY LTD SPRINKLER
FITTING CERTIFIED AGREEMENT VIC 2002-2005

ACTION FIRE SERVICES (VIC) PTY LTD
SPRINKLER FITTING CERTIFIED AGREEMENT
VIC 2002-2005

ENTERPRISE FIRE PROTECTION VICTORIA
PTY LTD SPRINKLER FITTING CERTIFIED
AGREEMENT VIC 2002-2005

HAMILTON LLOYD FIRE PROTECTION PTY LTD
SPRINKLER FITTING CERTIFIED AGREEMENT
VIC 2002-2005

M.A.C. FIRE SYSTEMS PTY LTD SPRINKLER
FITTING CERTIFIED AGREEMENT VIC 2002-2005

KAY CEE FIRE PROTECTION SERVICE PTY LTD
SPRINKLER FITTING CERTIFIED AGREEMENT
VIC 2002-2005

Applications under section 170LJ of the Act
by Communications, Electrical, Electronic,
Energy, Information, Postal, Plumbing and
Allied Services Union of Australia - Plumbing
Division Victorian Divisional Branch and Others
for certification of agreements

MELBOURNE

10.03 AM, FRIDAY, 20 DECEMBER 2002

PN1

MR J. COONEY: I appear for the Union.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, thankyou, Mr Cooney. You appear for the union in each of these matters?

PN3

MR COONEY: Yes, your Honour.

PN4

THE SENIOR DEPUTY PRESIDENT: Do we have any other appearance in any of these matters. They are - all the plumbing matters have been called.

PN5

MR COONEY: Yes, the plumbing matters. There is a group of agreements for the fire contracting industry which the union is party to, but they are distinct from the plumbing agreements.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes. Can you tell me which ones they start at?

PN7

MS C. COATE: 6304, 6304 and others the notice said.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes. I had intended that - yes, that we deal with all these at the same time. So, well, I am including those in this actual listing. So we have an appearance for the fire contractors, do we?

PN9

MS COATE: I am from Fire Contractors Victoria, representing the employers for 6304 and others, through to 6315.

PN10

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Coate. Yes, Mr Cooney.

PN11

MR COONEY: Your Honour, these are applications made under the Workplace Relations Act for certification. All the agreements have accompanying statutory declarations. We submit that any - subject to any questions the Commission may have, that they be certified.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes. Could I just raise with you matter 6041. 6041 is the one in - concerning Gladwin Plumbing. These, by the way, are all matters that have been lodged, I gather, by electronic lodgment. That particular one, and I take it that you are supplying us with the originals today, and we will need to check those. At the moment the one in relation to Gladwin doesn't contain, if one goes to the title, the gap for name of enterprise has been left as name of enterprise, rather than the actual name of the enterprise. So that may need to be checked and re-done. So I just bring that to your attention.

PN13

And in relation to matter 6371 which concerns Quicksilver, the statutory declarations of the employer and the union don't contain any date of approval of the agreement, nor does it contain any information as to number of employees. So subject to us checking the originals, as they are - when they are handed up, those are at least matters that we may need to have - the union may need to attend to before they can be certified. Otherwise, do you have anything you wish to say about any of these matters, Ms Coate?

PN14

MS COATE: No, thank you. We support the union's submission for certification in the matters 6304 through to 15.

PN15

THE SENIOR DEPUTY PRESIDENT: Well, apart from what I have just indicated to the union in relation to matters which I don't think concern members of your organisation, subject to us checking the - that the originals that will now be handed up in these matters are the same as those that have been filed by way of electronic lodgment, and subject to the matters concerning the two applications I referred to earlier, the agreements will be certified and appropriate certifications will be sent out. If there are any problems, then the parties will be contacted.

PN16

MR COONEY: Your Honour, with that - - -

PN17

THE SENIOR DEPUTY PRESIDENT: Yes?

PN18

MR COONEY: With regard to the Quicksilver matter, I would imagine that our stat declarations would be exactly the same in terms as the ones that the Commission has before him today. What I would suggest is that that matter be adjourned until we file appropriate stat decs. Whether that may be by post or - - -

PN19

THE SENIOR DEPUTY PRESIDENT: Yes. Yes. In relation to the other matter you may wish to just forward a letter to the Commission, indicating where the error has occurred, and what should be there. But in relation to the Quicksilver matter I will adjourn that matter to enable you to file appropriate documentation.

PN20

MR COONEY: Yes. Just looking at the agreement, or the statutory declaration now, I think that will have to be adjourned on that basis.

PN21

THE SENIOR DEPUTY PRESIDENT: Yes, yes. Well, we will deal with the matters on that basis, Mr Cooney, as I indicated. In relation to the other matters certifications will be issued, insofar - I might make the comments that insofar as those agreements contain a bargaining agents fee clause, I am already on the record as having stated my view in relation to that, and I don't see that clause as being an impediment to certification of the agreements. The matters are adjourned on that basis.

ADJOURNED INDEFINITELY [10.09am]