AG2003/2854, Transcript of Proceedings [2003] AIRCTrans 1801 (16 May 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

AG2003/2854

APPLICATION TO TERMINATE AGREEMENT
(VALID MAJORITY)

Application under section 170MG of the Act
by The National Centre for Vocational Education
Research Limited and Another re termination of
The National Centre for Vocational Education
Research Pty Limited Enterprise Agreement
2000-2003

ADELAIDE

10.15 AM, THURSDAY, 1 MAY 2003

PN1

THE SENIOR DEPUTY PRESIDENT: Good morning, can I have some appearances please?

PN2

MS K. ATHERTON: I appear for Community and Public Sector Union.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Atherton.

PN4

MR D. EVANS: I appear for the National Centre for Vocational Education Research Limited.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Evans. Who is going to commence these proceedings this morning?

PN6

MS ATHERTON: What we have listed for today, is the application to terminate the current NCVER Agreement, the 2000-2003 Agreement and the reason that the parties have pursued that course of action is because they wanted to align their current enterprise bargaining cycle with what has traditionally been the cycle, which is a February agreement, because there are some improvements in the agreement that is being negotiated for certification later on that the staff would like to access sooner rather than later and through a vote of staff in that process, the staff did generally consent to termination of the current agreement.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Atherton. Mr Evans?

PN8

MR EVANS: I agree with everything that Ms Atherton has said.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. On the basis of the statutory declaration provided to me, I'm satisfied that the employees covered by The National Centre for Vocational Education Research Limited Enterprise Agreement 2000-2003 were in a position whereby they voted in favour of the early termination of that agreement. In accordance with section 170MG of the Act, I will give effect to the termination of that agreement on and from today's date and determine that the application is approved in that regard.

PN10

The order giving effect to that termination will be forwarded out to the parties some time within the next few days. I will adjourn the matter on that basis. Having done so, I will invite the parties not to bother standing, I am happy to proceed with the next matter.

ADJOURNED INDEFINITELY [10.17am]