AG2003/2228, Transcript of Proceedings [2003] AIRCTrans 1311 (9 April 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HARRISON

AG2003/2228

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by Wreck Bay Aboriginal Community Council
for certification of the Wreck Bay
Aboriginal Community Council Certified
Agreement 2003-2005

SYDNEY

11.10 AM, WEDNESDAY, 26 MARCH 2003

Adjourned sine die

PN1

THE COMMISSIONER: I believe Ms Connors and Mr Ardler are present.

PN2

MR F. MATTESICH: Yes. Commissioner, it is the first time I have been in the Federal Commission, I am more used to the State one and I am not quite certain of what and how much information you would like me to present on transcript. I will be guided by you on that.

PN3

THE COMMISSIONER: Well, you can take it that I have read the agreement prior to this morning. You might just want to point out any features you wish rather than going into a lot of detail.

PN4

MR MATTESICH: I think the most important part I will start off with is in terms of the organisation itself. You may be aware, you have two agreements in front of you, they are basically from the same community group but for different functions. I also should point out that the matter was filed some time ago and had to be withdrawn as there was a change of board at that stage but we have now filed it again and will pursue it at this point.

PN5

In terms of the organisation description, I think that is set out on page 9 of the Wreck Bay Aboriginal Community Council document, that spells out the purpose of the Council's role and in terms of what the employees are there for. In terms of the purpose of the agreement, if I could take you to page 6, there are some key issues in there, to establish and encourage flexibility and consultation in the productive workplace where the employer and employees carry out obligations for the benefit of each other and empowering employees with the opportunity to reach their full potential and forge solid career goals maximising the benefit of both parties. I think they are very salient points and the motivation behind this document.

PN6

In terms of the parties, that is on page 6, Commissioner, it is the Board of the Wreck Bay Aboriginal Community Council as the employer and all persons whose employment is as at the time of the agreement in operation. At this time there are eight full-time employees working for the Council. Except for the general manager of the Wreck Bay Aboriginal Community Council, this agreement applies to all other employees of Wreck Bay.

PN7

Page 7, the duration of this agreement will commence from the date of certification and the normal expiry date is 30 June 2005. The reason for that is that it brings the agreement in line with the business year of the organisation and being the first agreement that period of time between now and that date will be the time to get embedded and the employees and the organisation to work out where they are going.

PN8

The effect on the agreement pre-existing arrangements, technically speaking there have been awards there but the operation of the organisation hasn't always made it possible to follow that and the agreements will now regulate and determine the rates of pay and conditions.

PN9

There is one item, Commissioner, that I should bring to your attention and that is the dispute settling procedure. It is probably now decided on my behalf, it is not unusual, more to the point it is the practice to have as a last resort that if all matters are not resolved then they should be referred to the Commission. Even though that is not written in the document, I have spoken to Mr Ardler and the employee representative and they are both happy to have that inserted and put on the transcript. Whether you wish to take evidence from Mr Ardler or Ms Connors I will leave up to you, but certainly that is an item that we will insert and practice.

PN10

THE COMMISSIONER: I am satisfied with that undertaking. At first glance I was concerned that there didn't seem to be an end point to the process.

PN11

MR MATTESICH: That's fine, Commissioner, I accept that observation. The process of the agreement has been long and arduous in terms of having consultation with every employee. At the same time there has been about nine separate meetings over two or three hours in some cases so in terms of the employees understanding what the content is, the implications of it, I am quite satisfied. I have attended all those meetings as well, all the issues were raised and out of the way a long time ago. As far as union representation is concerned, that was an issue that was raised right at the beginning and it was unanimous by the employees that it would be a non-union agreement, so that is the reason for this particular application.

PN12

In terms of numbers, the Wreck Bay Aboriginal Community Council employees were unanimous that the agreement be accepted. I think that is all I wish to raise on that particular agreement, unless you have any questions, Commissioner. We seek your endorsement of the agreement to be certified as from this date.

PN13

THE COMMISSIONER: Thank you. Mr Ardler or Ms Connors, do you want to add anything to what has been said?

PN14

MR ARDLER: No, nothing in particular. I probably would like to make one observation in relation to the agreement. To understand where we live, in the Jervis Bay territory, I think in relation to the Jervis Bay territory there has always been a lot of ambiguity as to what jurisdiction does come under what awards that apply because not being a part of the ACT or New South Wales, I think this agreement will certainly clear up a lot of those issues and whilst the agreement is in place there will be a clear understanding of what the employment situation is, particularly with the Wreck Bay Aboriginal Community Council. That's all I would like to say.

PN15

THE COMMISSIONER: Thank you. Well, I have no questions, my only concern was the dispute settling procedure. I think I should congratulate you on getting to this point of having this agreement now on paper which can be a reference point for the employees. I know you have had lots of meetings about it, nobody said enterprise bargaining is easy and you have obviously found that out.

PN16

MS CONNORS: Definitely.

PN17

THE COMMISSIONER: In the formal sense, having heard the submissions and having regard to the statutory declarations which have been provided with the application, I am satisfied that the relevant rules and regulations of the Commission and the requirements of the Act have been met. Accordingly I will certify an agreement to be known as the Wreck Bay Aboriginal Community Council Certified Agreement 2003-2005. It will come into force on and from today's date and remain in force until 30 June 2005. Thank you.

ADJOURNED INDEFINITELY [11.18am]