AG2003/121, Transcript of Proceedings [2003] AIRCTrans 1513 (24 April 2003)

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TRANSCRIPT OF PROCEEDINGS

O/N WT0149

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT BLAIN

AG2003/121

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of
the Act by Boeing Australia Ltd and
Others for certification of the NCS
HEH Agreement 2003

PERTH

12.36 PM, TUESDAY, 8 APRIL 2003

PN1

MR R. SHELLEY: I appear on behalf of Boeing Australia Limited and LeBlanc Pty Limited.

PN2

THE DEPUTY PRESIDENT: Thank you Mr Shelley.

PN3

MR D. HICKS: I appear on behalf of the respondent union, the AFMEPKIU.

PN4

THE DEPUTY PRESIDENT: Thank you Mr Hicks. Mr Shelley would you wish to commence?

PN5

MR SHELLEY: Commissioner, this is an application under section 170LJ for certification of the HEH Certified Agreement 2003. This agreement covers approximately 85 to 90 employees of Boeing Australia Ltd and LeBlanc Communications Pty Limited, employed at the Harold E. Holt Communications Station, at Exmouth. All the necessary statutory declarations have been included with the application. Other correspondence with the Commission has clarified matters as set out in the statutory declarations and we would request that the Commission certify the agreement in accordance with the Act. If the Commission pleases.

PN6

THE DEPUTY PRESIDENT: Thank you. Mr Shelley are you able to confirm that the agreement passes the no disadvantage test, as of today's date?

PN7

MR SHELLEY: Yes, I am sir.

PN8

THE DEPUTY PRESIDENT: Thank you. Thank you for your submission. Mr Hicks?

PN9

MR HICKS: Yes sir. We also support the application to register under 170LJ. The overwhelming majority of employees have endorsed the certification of this document. There are a couple of matters that your office has requested that I do on the day: one of them is that I failed to put in the ACN numbers for both the applicant companies. If I could read those out and then submit this as a submission, sir. Boeing Australia Limited, ACN number is 006678119, LeBlanc Communications Pty Limited, their ACN number is 008982536. If I could just submit that as written proof? Sir, in respect, I don't think there is any need for me to say anything more, other than we endorse the certification.

PN10

THE DEPUTY PRESIDENT: Thank you Mr Hicks. Mr Hicks are you able to confirm your written submission that the date the statutory declaration was signed by you was 11 March 2003?

PN11

MR HICKS: Yes, that is true sir.

PN12

THE DEPUTY PRESIDENT: Thank you. There being no further submissions or questions from the Commission, I note that this is an application pursuant to Part VIB, Division 2, section 170LJ of the Workplace Relations Act 1996, to certify an agreement to be known as the NCS HEH Agreement 2003. Having heard Mr R. Shelley on behalf of Boeing Australia Limited and LeBlanc Communications Australia Pty Limited, and Mr D. Hicks on behalf of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the AMWU, and having read the statutory declarations filed by Mr C. Vandepeer, on behalf of Boeing Australia Pty Limited, Mr A. Selvaratnam, on behalf of LeBlanc Communications Australia Pty Limited and Mr D. Hicks on behalf of the AMWU.

PN13

I am satisfied that the agreement filed relates to constitutional corporations, namely Boeing Australia, ACN 006678119 and LeBlanc Communications Australia Pty Limited, ACN 008982536. I am satisfied that the AMWU has at least one member employed in the part of the single business to which the agreement relates and is entitled to represent the industrial interests of the member. I am also satisfied that the agreement passes the no disadvantage test. The agreement was made in accordance with section 170LJ and a valid majority of persons employed at the time whose employment would be subject to the agreement, genuinely approved the agreement.

PN14

The explanation of the terms of the agreement was appropriate. The agreement includes procedures for preventing and settling disputes between the employers and the employees, whose employment would be subject to the agreement and the agreement specifies a nominal expiry date, not more than 3 years after the date on which the agreement will come into operation. I am further satisfied that there are no reasons set out in section 170LU of the Act why I should refuse to certify the agreement. Accordingly the agreement will be certified with effect from 8 April 2003, to operate in accordance with its terms from the same date. The formal certificate will issue in due course. I adjourn this hearing.

ADJOURNED INDEFINITELY [12.42pm]