AG2002/6052, Transcript of Proceedings [2003] AIRCTrans 130 (14 January 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N VT1210

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2002/6052
AG2002/6053

APPLICATION FOR CERTIFICATION OF
AGREEMENT

Application under section 170LJ of the Act
by Automotive, Food, Metals, Engineering, Printing
and Kindred Industries Union - Vehicle Division
Victorian Region and Another for certification
of the Preston Motors (Mitsubishi) Enterprise
Bargaining Agreement 2002-2005

Application under section 170LJ of the Act
by Automotive, Food, Metals, Engineering, Printing
and Kindred Industries Union - Vehicle Division
Victorian Region and Another for certification
of the Preston Motors (Holden) Enterprise
Bargaining Agreement 2002-2005

MELBOURNE

9.35 AM, FRIDAY, 20 DECEMBER 2002

PN1

MR A. COLE: I appear on behalf of the Australian Manufacturing Workers Union.

PN2

THE SENIOR DEPUTY PRESIDENT: You are on your own, Mr Cole?

PN3

MR COLE: No, we do have a representative of the company here.

PN4

THE SENIOR DEPUTY PRESIDENT: Do we? Maybe they would like to come to the Bar table. And your name?

PN5

MS L. CAMILLERI: Lorraine Camilleri.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes?

PN7

MR COLE: Your Honour, we have two matters before the Commission today for certification. The agreements are mirror agreements. The agreements are the Preston Motors (Mitsubishi) Enterprise Agreement 2002-2005, and the Preston Motors (Holden) Enterprise Agreement 2002-2005.

PN8

THE SENIOR DEPUTY PRESIDENT: Okay. We can deal with them both together, if that is convenient?

PN9

MR COLE: Yes. I would prefer to deal with them that way.

PN10

THE SENIOR DEPUTY PRESIDENT: The second one is AG2002/6053.

PN11

MR COLE: That is correct, your Honour.

PN12

THE SENIOR DEPUTY PRESIDENT: Ms Camilleri, you are representing - - -

PN13

MS CAMILLERI: Both.

PN14

THE SENIOR DEPUTY PRESIDENT: Both?

PN15

MS CAMILLERI: Yes.

PN16

THE SENIOR DEPUTY PRESIDENT: Right. Fine.

PN17

MS CAMILLERI: Thank you, your Honour. Look, the matter before the - the matter before the Commission arises in the context of section 170LJ applications made by the union for the certification of the proposed agreements known as the 2002/6052 Preston Motors (Mitsubishi) Enterprise Agreement, 2002-2005. And 2002/6053 Preston Motors (Holden) Enterprise Agreement, 2002-2005. Your Honour, the parties to the agreement have lodged supporting statutory declarations consistent with the requirements specified in the Workplace Relations Act 1996 in respect to the applications made under Division 2 of Part VIB of the Act.

PN18

Accordingly, the union submits that the applications meet the requirements specified in section 170LT of the Act. In support of this the union submits the following. That consistent with section 170LT(5) approval of the agreement was made by a valid majority of persons employed at the time whose employment would be subject to the agreements generally approved the agreements on 19 November 2002. In relation to section 170LT(7) the union submits that the explanation of the terms of the agreements to persons mentioned in paragraphs 170LR(2) and point 5.5 in the statutory declarations did take place in ways that were appropriate, having regard to the person's particular circumstances and needs.

PN19

In respect to section 170LT(8) the agreement does include procedures for preventing and settling disputes. Such procedures are detailed in clause 17 of the agreements. Further, the union submits that the agreement satisfies section 170LT(2), the no disadvantage test, by ensuring that no employee be disadvantaged as a result of the agreements. Accordingly, the union submits that the applications meet the necessary requirements specified in section 170LT of the Act for the certification of the agreements. Finally, we respectfully submit that the agreements be certified by the Commission, effective from today's date, if the Commission pleases.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes. Ms Camilleri, is there anything you want to add?

PN21

MS CAMILLERI: No, your Honour.

PN22

THE SENIOR DEPUTY PRESIDENT: We will go into conference.

SHORT ADJOURNMENT

RESUMED

PN23

THE SENIOR DEPUTY PRESIDENT: Can I take you to clause 21 of the agreement? Is there any objection to amending that clause to delete all the words after "through the union"?

PN24

MR COLE: No, there is no objection, your Honour. It may be seen to be offensive in terms of the Workplace Relations Act.

PN25

THE SENIOR DEPUTY PRESIDENT: And that is not the intention of the clause.

PN26

MR COLE: And that is not the intention of the clause.

PN27

THE SENIOR DEPUTY PRESIDENT: Thank you. Do you have any objection to that amendment, Ms Camilleri, in both agreements?

PN28

MS CAMILLERI: No, your Honour.

PN29

THE SENIOR DEPUTY PRESIDENT: No. And in respect of the Holden one, the statutory declaration of Ms Tierney refers to the Preston Motors Holden Enterprise Bargaining Agreement 2002-2004, rather than 2002-2005. Is that just a typographical error?

PN30

MR COLE: It is a typographical error, Commissioner. As I put on transcript previously, as regards to both the agreements, the clause specifies 30 June, 2005 as the nominal expiry date of the agreements.

PN31

THE SENIOR DEPUTY PRESIDENT: Well, having regard to the material contained on the file in these matters, and also the submissions put to me, I am satisfied I should certify the Preston Motors Mitsubishi Enterprise Bargaining Agreement 2002-2005 and the Preston Motors Holden Enterprise Bargaining Agreement 2002-2005. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations. The certification of the agreement will come into force from today's date, and remain in force until 30 June 2005 in both instances.

ADJOURNED INDEFINITELY [9.45am]