AG2003/78, Transcript of Proceedings [2003] AIRCTrans 1652 (1 May 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER JONES

AG2003/78
AG2003/1669

APPLICATIONS FOR CERTIFICATION
OF AGREEMENTS

Application under section 170LK of the Act
by ADT Security for certification of the
ADT Western Australia Enterprise Agreement 2003-2006

Application under section 170LK of the Act
by ADT Security for certification of the
New South Wales ADT Security Agreement 2002-2005

SYDNEY

11.32 AM, TUESDAY, 15 APRIL 2003

Adjourned sine die

PN1

THE COMMISSIONER: May I have the appearances, please.

PN2

MR P. DARBY: If the Commission pleases, I represent the company in both those matters, Commissioner.

PN3

THE COMMISSIONER: Thank you, Mr Darby, proceed.

PN4

MR DARBY: Commissioner, both these agreements cover electricians installing alarms in both or either New South Wales or Western Australia. Both agreements have a duration or a termination date which conforms with the legislation. Both agreements have dispute settling procedures and have been passed by a valid majority of employees.

PN5

Commissioner, statutory declarations accompany both agreements, Western Australia and New South Wales. In respect to Western Australia statutory by McMillan, McQuillan, Manager, and Ray-Stareing on behalf of the employees appear in the application. In respect to New South Wales, Commissioner, unfortunately there has been one mislaid. There is a statutory declaration by a Steven McHarg, but not one from a Mr Graham Watt.

PN6

Commissioner, we can make that available but I just draw the Commissioner's attention to the documentation, the New South Wales agreement, where what accompanies is the voting result, the signatures of all employees and how they voted but again we will provide the Commission with the statutory declaration that seems to be missing. Also in the New South Wales Agreement, Commissioner, clause 6 states the National Electrical Contracting Award which doesn't apply in New South Wales and I wish to state that the award that underpins that particular agreement is the State Electrical Contracting Award. I put that on transcript and also provide a sheet for that to be inserted into the agreement.

PN7

Commissioner, all employees received a letter indicating that the voting will take place and if they required a representative or a union to consult that they could do that, no such request was received either by employees or the union, so the vote actually went ahead of course and was to the affirmative by a valid majority. Commissioner, both agreements conform with the regulations of the Commission and the rules and subject to the company providing a statutory declaration by Watt, the employee representing New South Wales and supplying a rehash of, can I use that word, clause 6, the Electrical State Award, I'd ask the Commission to certify those agreements from today's date.

PN8

THE COMMISSIONER: Are these the first of these type of agreements with these employees.

PN9

MR DARBY: These are the first agreements of this type. In fact, the first enterprise agreements for those states and those employees, Commissioner.

PN10

THE COMMISSIONER: Where are the advantages then for the company?

PN11

MR DARBY: The managers?

PN12

THE COMMISSIONER: The company.

PN13

MR DARBY: I must say, Commissioner, and it's been my fault I've been putting it off and on. I actually came in from Brisbane last night and firstly the Western Australia weren't available for the tyranny of distance and the New South Wales people offered to come over but it was just short notice and I'd ask the Commission to certify the agreements on the statutory declarations.

PN14

THE COMMISSIONER: Mr Darby, I'll certify both agreements and issue certificates accordingly. In the first instance the certification will be subject to seven days to supply the company and the Commission with a stat dec and in the second one seven days again to provide that the outstanding page to be amended, clause 6. The Western Australian agreement will take effect from today's date, 15 April 03, and will remain in force until 1 February 2006 and the New South Wales agreement again from today's date, 15 April 2003, and remain in force for a period up to 1 December 2005. If there is nothing further to add from the parties I'll declare these matters closed.

ADJOURNED INDEFINITELY [11.38am]