AG2002/5579, Transcript of Proceedings [2003] AIRCTrans 149 (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 VT1209
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2002/5579

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LS of the Act
by Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union -
Victorian Branch and Another for
certification of the Direct Skills Metal
and Associated Industries Labour Hire
Certified Agreement 2000-2003

MELBOURNE

9.25 AM, FRIDAY, 20 DECEMBER 2002

PN1

MS R. JASTRZEBSKI: I appear on behalf of the Australian Manufacturing Workers Union.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, Ms Jastrzebski.

PN3

MS JASTRZEBSKI: This is an agreement made under section 170LS, an agreement between Direct Skills Pty Ltd and the AMWU. The agreement was made to prevent an industrial situation from giving rise to an industrial dispute. It contains procedures for the prevention and settlement of disputes. It is underpinned by the Metal, Engineering and Associated Industries Award and has an expiry date of 31 March 2003. We believe that the requirements of the Act have been met and we would ask that this be certified.

PN4

THE SENIOR DEPUTY PRESIDENT: Ms Jastrzebski, at clause 4, the parties bound, I think there might be a typo. It says it binds Direct Skills Pty Ltd - all employees engaged in any of the work specified in clause 3 are covered by the Metal, Engineering, etcetera, award. Then it says:

PN5

And (c) the organisations that represent the employees defined in (b), namely:

PN6

And then it has got Direct Skills Pty Ltd. Should that be the AMWU?

PN7

MS JASTRZEBSKI: I believe so, your Honour, it is definitely a typo.

PN8

THE SENIOR DEPUTY PRESIDENT: We will make that correction to it.

PN9

MS JASTRZEBSKI: Thank you.

PN10

THE SENIOR DEPUTY PRESIDENT: Ms Jastrzebski, in clause 33 there is a reference to appendix A and there is no appendix A.

PN11

MS JASTRZEBSKI: I have an appendix A with me, your Honour.

PN12

THE SENIOR DEPUTY PRESIDENT: Thank you. The appendix refers to clause 33 of the agreement and clause 33 says:

PN13

Issues that may arise in respect to union coverage and respondency will be dealt with in accordance with appendix A hereto.

PN14

The reference to appendix A - appendix A covers a whole array of matters which are really matters of concern to the unions as opposed necessarily to the employer. I assume the reference to appendix A is to pick up the reference that where a dispute arises between the union parties the ACTU shall be advised and have the capacity to determine and settle the matters in dispute.

PN15

MS JASTRZEBSKI: That is correct.

PN16

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Having regard to the material contained on the file in this matter and also the submissions put to me, I am satisfied I should certify the agreement known as the Direct Skills Metal and Associated Industries Labour Hire Certified Agreement 2000-2003. 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 21 March in the year 2003.

ADJOURNED INDEFINITELY [9.31am]