AG2002/5558, Transcript of Proceedings [2003] AIRCTrans 183 (16 January 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 10, MLC Court 15 Adelaide St BRISBANE Qld 4000
(PO Box 38 Roma St Brisbane Qld 4003) Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HODDER

AG2002/5558

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Australian Aerospace Pty Limited and
Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union
for certification of the Australian
Aerospace (Brisbane Operations)
Certified Agreement 2003

BRISBANE

9.45 AM, THURSDAY, 2 JANUARY 2003

PN1

THE COMMISSIONER: Can I have appearances please?

PN2

MR M. BELFIELD: If the Commission pleases, I have with me MR R. HUNTER, the Vice-President of the company and Mr G. STEWART, the Human Resources Manager.

PN3

THE COMMISSIONER: Thank you. Now there is no appearance from the Metal Workers Union, Mr Belfield. I understand that the industrial officer handling the matter is currently on annual leave. I do, however, have the statutory declarations of the union in support of the certification or the agreement reached between the parties. I've not been able to get anything further that was satisfactory to me about their appearance today. However, I understand that they do desire to have the matter certified. Now is that your understanding?

PN4

MR BELFIELD: Yes, it is, Commissioner. Actually I thought that Evan Moorhead from the union would have notified you and written - - -

PN5

THE COMMISSIONER: Well, I think he has left some very confusing instructions for staff at the office.

PN6

MR BELFIELD: Okay. Well, I had discussions with Mr Moorhead; you understand there was some issue about the operative date of this agreement.

PN7

THE COMMISSIONER: Yes.

PN8

MR BELFIELD: And sought his agreement to have it listed for the Commission some time early in January, and he said he was satisfied with that but he couldn't attend himself, so I understood he just put in to place his normal arrangements. And I think talking to your associate I understood that that was probably going to be undertaken, but there is nothing that I'm aware of that would indicate that they are opposed to the application.

PN9

THE COMMISSIONER: Well, the Commission's practice is normally that parties attend certification proceedings.

PN10

MR BELFIELD: Yes.

PN11

THE COMMISSIONER: But I've not seen anything contrary other than the fact that somebody has written a letter on behalf of Mr Moorhead that the matter be deferred for presentation to the Commission until later in the year.

PN12

MR BELFIELD: That was news to me, Commissioner. I have absolutely no idea - - -

PN13

THE COMMISSIONER: Well, that was on 18 October.

PN14

MR BELFIELD: Sorry, that is definitely prior to the understanding we reached with the union. That was when it was originally filed and the union said that they weren't going to support the approval of the agreement given that its operative date would overlap with that of the current agreement and would, therefore, put the proposed agreement beyond the three year limit; and that was the reason why they sought deferral. Now we've gone well beyond that, Commissioner.

PN15

THE COMMISSIONER: What I'll do is I'll hear you, and my intention would be to certify the agreement subject to confirmation from the Metal Workers Union that that was their intention, otherwise the matter will have to come back again before the Commission.

PN16

MR BELFIELD: Yes, thank you, Commissioner. I believe that that won't be necessary, however, I do understand your position. The application, Commissioner, was filed with the Registrar on 24 October 2002. It was filed within the 21 days of the agreement being reached with the majority of employees. I understand there is no limitation under the Act for you to certify the agreement where a period of time has elapsed since the application was filed given that this is now 2 January, so I understand in good faith that they don't have to make submissions in respect to that particular issue.

PN17

THE COMMISSIONER: No. There is only the fact that it was lodged out of time by 15 days so there is a need for you to apply for an extension of time for lodgment.

PN18

MR BELFIELD: My apologies, Commissioner. In that respect, I do seek an extension in regard to that. The delays in the filing were due to the discussions we had with the union about the application of the date of certification. My apologies, Commissioner, it was my oversight so I do seek an extension and there is no hardship, I'd say.

PN19

THE COMMISSIONER: Very well. Consistent with the Commission's powers in that regard, the Commission will grant an extension of time for the lodgment of the proposed agreement.

PN20

MR BELFIELD: Thank you, Commissioner. The application was filed with the statutory declarations of Mr Graham Stewart and Mr Harrison of the AMWU. The application seeks the approval of an agreement which operates from 1 January and shall remain in force until 31 December 2005. It is an agreement that stands alone, if I can use the jargon, in relation to any other award. It does, however, refer to the Aircraft Engineers General Aviation Award for the purposes of the no disadvantage test. Commissioner, the agreement meets the requirements of the Act in all respects. I would seek your approval thereof. Thank you.

PN21

THE COMMISSIONER: Clause 15, settlement of disputes procedure, I notice that (c):

PN22

If the dispute thereafter remains unresolved, either party may refer the matter to the Australian Industrial Relations Commission for resolution.

PN23

Now as far as your client is concerned, what was the intention in terms of resolution?

PN24

MR BELFIELD: If I may seek some advice?

PN25

THE COMMISSIONER: Yes.

PN26

MR BELFIELD: Commissioner, the company advises that the intention of the term "resolution" is that it would be for the Commission to determine the dispute. In other words, the clause 15(c) provides the Commission with the power to arbitrate in relation to any matters arising under the agreement.

PN27

THE COMMISSIONER: Under Section 111AA of the Act?

PN28

MR BELFIELD: No, Section 170 is that - is it MW, sorry? I don't have my copy of the Act with me.

PN29

THE COMMISSIONER: Well, LW gives you the opportunity to bring it before the Commission, but in terms of the Commission's capacity to actually resolve the matter, the Commission has to be empowered.

PN30

MR BELFIELD: Yes, Commissioner. We say that is an intention to empower you or any other member of the Commission.

PN31

THE COMMISSIONER: Under Section 111AA of the Act?

PN32

MR BELFIELD: Yes, Commissioner.

PN33

THE COMMISSIONER: Okay, thank you. Well, on that basis then, the statutory obligations imposed upon the parties under the Workplace Relations Act have been met, and the Commission intends to certify the agreement as from today's date, and that is subject to the confirmation of the metal workers that they were actually in support of the certification of the agreement from today's date. And I assume that you are confident that that will occur in any event, Mr Belfield?

PN34

MR BELFIELD: Yes, I am, Commissioner.

PN35

THE COMMISSIONER: It's just a pity these people couldn't get their act together, that's all. In accordance with section 170LT of the Act, the Commission will certify the written agreement between the parties, subject to the confirmation of the AMWU that that was their intention and that they had not intended to bring an objection to certification to this Commission's notice today. In the event that that confirmation is received, this agreement shall come into force from 2 January the year 2003 and shall remain in force until 31 December the year 2005. On that basis I shall adjourn these proceedings.

ADJOURNED INDEFINITELY [9.55am]