AG2002/6417, Transcript of Proceedings [2003] AIRCTrans 188 (17 January 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N VT10138

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2002/6417

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by National Tertiary Education Industry
Union-Victorian Division and Another for the
certification of the Monash Student Association
(Clayton) Inc Enterprise Agreement 2002

MELBOURNE

10.04 AM, MONDAY, 6 JANUARY 2003

PN1

MR R. HUTCHINS: I represent the National Tertiary Education Industry Union.

PN2

THE DEPUTY PRESIDENT: Yes, thank you, Mr Hutchins. Just before you do the submissions that you have to do, Mr Hutchins, I would just like you to take into account the fact that you are, to a minor extent, over time with this agreement, if you weren't already aware of that. So you might like to address the reasons for that.

PN3

MR HUTCHINS: I am aware of that, sir.

PN4

THE DEPUTY PRESIDENT: Okay, thank you, Mr Hutchins.

PN5

MR HUTCHINS: If it please, your Honour, I seek to have the Monash Student Association (Clayton) Inc Enterprise Agreement 2002 certified by the Commission. The proposed agreement was lodged with the Commission some three days later than the 21 days as required by the Act, I therefore seek your Honour's approval in accordance with section 111(R) of the Workplace Relations Act to the extension of time to the lodging time frame. The reason for the delay was the student union is pretty difficult to deal with and getting the statistics required for the statutory declaration was somewhat difficult but we got there in the end.

PN6

THE DEPUTY PRESIDENT: Right.

PN7

MR HUTCHINS: The employer is respondent to the Victorian Institute Union Employees Core Conditions Award, which is the relevant award for the purposes of the no disadvantage test. Your Honour, in seeking certification of the agreement we rely on the statutory declarations as submitted and subject to any questions from your self I would commend the agreement to you.

PN8

THE DEPUTY PRESIDENT: Yes, I only have one, Mr Hutchins, and it is a relatively minor one, but I will require some explanation for it. Unfortunately the employers are not present but in the statutory declarations the union has said that the agreement applies to the whole of the business. The employer has actually said that it applies to part of the business. It might be a sort of a misunderstanding about what the business is - - -

PN9

MR HUTCHINS: A misunderstanding from their side. What we believe would be the whole of business would be our area of coverage, the organisation covers Miscellaneous Workers Union, catering people, so from their perspective I would suggest that they are looking at being part of the business, but from our perspective the whole of the business is everything we cover, which is the administration side.

PN10

THE DEPUTY PRESIDENT: All right, so in effect the reality would be that the agreement does cover part of the business, that would be correct?

PN11

MR HUTCHINS: I would say that would be a correct assumption, yes, from that perception, yes.

PN12

THE DEPUTY PRESIDENT: I just needed clarification because it is an anomaly between the statutory declaration. Good, thank you, Mr Hutchins and I will exercise a discretion under 111(1)(r) of the Act to extend the time frame by the number of days necessary to allow for the certification of this agreement, and on the basis of the submissions of Mr Hutchins and on the documentation that I received I will certify the Monash Student Association (Clayton) Incorporated Enterprise Agreement 2002 with effect from today's date. The agreement will expire on 1 July 2005. The matter is adjourned, thank you.

PN13

MR HUTCHINS: Thank you, your Honour.

ADJOURNED INDEFINITELY [10.08am]