AG2003/2551, Transcript of Proceedings [2003] AIRCTrans 1493 (23 April 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N VT2257

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

AG2003/2551

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application 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 Another
for certification of the Fire Guard/AFS Sprinkler
Fitting Certified Agreement VIC 2002-2005

MELBOURNE

10.29 AM, MONDAY, 7 APRIL 2003

PN1

MS C. COATE: I am from Fire Contractors Federation, representing the company Fire Guard/AFS.

PN2

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Coate. We have received a copy of correspondence or it is correspondence from the CEPU in respect to this matter, indicating that they are unable to attend this morning but notifying us of their consent to the certification. Do you wish to address the matter?

PN3

MS COATE: Senior Deputy President, the employees and the employers have met over this agreement. We believe it meets all the provisions of the Act. The employees and the employers are in agreement and the union supports the application moving forward. The only issue which may have been in contention was, in fact, bargaining agents fees which was in their early discussions. That clause has now been removed from their agreement and no longer has any application to the agreement. I recommend the agreement to you.

PN4

THE SENIOR DEPUTY PRESIDENT: Thank you. The statutory declarations that have been filed in support, have the date of the - or the date at which the valid majority approval was obtained, handwritten into the documents. Are you aware of any reason for that? Was there an omission, was there, at some stage?

PN5

MS COATE: No, there was no omission. The documents were printed off for the union and the company to sign and that was purposely left blank so as that when the meeting was arranged for the vote it could be inserted into the document.

PN6

THE SENIOR DEPUTY PRESIDENT: Thank you. So you confirm that the date that is written there, 21 March, 2003 is the correct date?

PN7

MS COATE: That is my understanding, yes.

PN8

THE SENIOR DEPUTY PRESIDENT: This is an application for certification of an agreement under the provisions of the Workplace Relations Act 1996, the agreement to be known as the Fire Guard/AFS Sprinkler Fitting Certified Agreement VIC 2002 - 2005. On the basis of the statutory declarations that have been filed by the parties to the agreement and the submissions made at the hearing, this morning, I am of the view that having regard to the applicable provisions of the Act I am required to certify the agreement. An appropriate certification will therefore be issued as soon as possible. The matter is adjourned on that basis.

ADJOURNED INDEFINITELY [10.35am]