AG2003/2051, Transcript of Proceedings [2003] AIRCTrans 1879 (21 May 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 2640

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

AG2003/2051

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
for certification of the AWU Bitutech
Asphalt Pty Limited Enterprise Bargaining
Agreement - 2003

MELBOURNE

11.11 AM, TUESDAY, 6 MAY 2003

PN1

MR C. WINTER: I appear on behalf of the Australian Workers' Union.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Winter.

PN3

MR WINTER: Thank you, your Honour. This is an application made under 170LJ of the Act between the AWU and Bitutech Asphalt Pty Limited. I would rely on the statutory declaration that was provided with the agreement. The agreement has been lodged within time and I don't see any reason for why it can't be certified. The vote took place on 24 February and the agreement was lodged on 13 March. If your Honour pleases.

PN4

THE SENIOR DEPUTY PRESIDENT: In relation to this matter, it would appear from the documents lodged that the agreement itself has not been dated. That is not something which I consider prevents me from certifying the agreement. Also the employer's statutory declaration is defective to some extent in that it indicates this is a greenfields agreement and on my reading of the material, that is not correct. To that extent, I am prepared to rely on the union's statutory declaration and waive the requirement for an employer statutory declaration, if that is necessary. On the basis of the material that is now before me, I am satisfied that the requirements of the Act have been met and an appropriate certification will be issued as soon as possible. The matter is adjourned on that basis.

ADJOURNED INDEFINITELY [11.13am]