AG2003/3492, Transcript of Proceedings [2003] AIRCTrans 1873 (21 May 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 2533

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2003/3492

APPLICATION FOR AGREEMENT ABOUT
INDUSTRIAL DISPUTE (DIVISION 3)

Application under Section 170LS of the Act
by Indo Chinese Elderly Refugees Association
Victoria and Others re Health Services Union
of Australia Certified Agreement 2002-2005

MELBOURNE

10.24 AM, TUESDAY, 6 MAY 2003

PN1

MS B. WEARNE: I appear for the applicant in that matter, if the Commission pleases.

PN2

MS L. KELLY: I appear for the Australian Nursing Federation.

PN3

MR J. O'MALLEY: I appear on behalf of the Health Services Union in this matter.

PN4

THE SENIOR DEPUTY PRESIDENT: Thank you. Ms Wearne.

PN5

MS WEARNE: Yes. The application was made pursuant to section part VIB of the Act, Division 3, and the application has been made by Quan (Van) Tran. In support of his application there is a statutory declaration declared on 27 March 2003. There is consent by the HSUA and the ANF with statutory declarations declared by Craig Thomson from the HSUA of 16 April and Lisa Fitzpatrick of 7 April 2003. The agreement was genuinely approved by a valid majority on 25.3.2003. It has two weeks' delay from then till filing.

PN6

There has been no change in circumstances in the Indo Chinese and Elderly Refugees Association and its employees since - from the time it ought to have been filed and the time that it was filed, that two-week period.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes. Why wasn't it filed on time?

PN8

MS WEARNE: The delay appears to be in the return and the taking of the statutory declaration by Craig Thomson returning the documents, having made his stat dec on the date that it was due to be filed. The date that those documents were returned to SIAG was some time after 15 April. I don't have the exact date that they came back from the HSUA, but the stat dec indicates that the delay was at least of that day, so, some time after that the documents were returned and then thereafter filed.

PN9

THE SENIOR DEPUTY PRESIDENT: Well, maybe Mr O'Malley can explain the reason for the delay.

PN10

MR O'MALLEY: Your Honour, from my recollection I understand Mr Thomson was away interstate on union business for about one week and then I recall he took a period of leave subsequent to that interstate travel.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes. Very well, I will extend the time until the date that they were actually lodged, 29 April.

PN12

MS WEARNE: If the Commission pleases. The agreement is in settlement of bargaining period 3340, 3940 of 2002, and it has the dispute settlement procedures. There are no further matters apart from those disclosed in the statutory declaration.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes, thank you.

PN14

MS WEARNE: Thank you.

PN15

THE SENIOR DEPUTY PRESIDENT: Ms Kelly.

PN16

MS KELLY: Thank you, your Honour. The ANF supports the application to certify the agreement and as before we will rely on the information and detail contained in the stat dec completed by Lisa Fitzpatrick and seek certification in the terms sought. If the Commission pleases.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Mr O'Malley.

PN18

MR O'MALLEY: Again, the HSUA supports the application, your Honour.

PN19

THE SENIOR DEPUTY PRESIDENT: Yes. Well I have read the documentation and I am satisfied that the agreement is made in further settlement of the matters that are in dispute between the parties and identified in the bargaining period notices. I am also satisfied that the agreement passes the no disadvantage test, it was made in accordance with division 2 of part VIB and approved by a valid majority of employees affected, that the explanation of its terms is appropriate, it includes dispute settling procedures and specifies a date as the nominal expiry date which is not more than three years after the date on which the agreement will come into operation, nor are there any reasons set out in 170LU as to why I should refuse to certify it. Accordingly, the agreement will be certified, to operate from today's date. The appropriate instrument will issue shortly. Thank you.

ADJOURNED INDEFINITELY [10.30]