AG2003/2425, Transcript of Proceedings [2003] AIRCTrans 1884 (21 May 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 2631

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

AG2003/2425

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
for certification of the Programmed
Maintenance Services Limited and Construction,
Forestry, Mining and Energy Union Repaint
Works Agreement 2002-2005

MELBOURNE

10.53 AM, TUESDAY, 6 MAY 2003

PN1

MR J. DOUGLAS: I seek leave to appear for Programmed Maintenance Services Limited.

PN2

MR R. WAINWRIGHT: I appear for the Construction, Forestry, Mining and Energy Union.

PN3

THE SENIOR DEPUTY PRESIDENT: No objection to Mr Douglas having leave?

PN4

MR WAINWRIGHT: No objection, your Honour.

PN5

THE SENIOR DEPUTY PRESIDENT: Leave is granted, Mr Douglas.

PN6

MR DOUGLAS: If the Commission pleases.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes.

PN8

MR DOUGLAS: Your Honour, this is an application pursuant to division 2 of part VIB of the Act for the certification of an enterprise agreement. It is our submission that the requirements of the Act insofar as those are prescribed by section 170LJ and 170LT have been met and that is set out in the statutory declaration which was executed by Mr Finlay on behalf of my client. Your Honour, we don't believe there are any impediments to the Commission certifying the agreement in the terms sought. I would make only one observation, your Honour. That is that the agreement that has been provided to me, whilst it has been signed both by the company and Mr Kingham on behalf of the union, it is apparent that the agreement hasn't been dated. However, a perusal of the statutory declaration clearly indicates that the agreement was made on 5 March following a meeting with the employees to vote on the agreement of which a valid majority was obtained and that the agreement was lodged on 26 March within time. On that basis we would seek that the Commission rely on the statutory declaration and certify the agreement.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Douglas, my understanding is that the employer's statutory declaration isn't dated either. It is signed and witnessed, but not dated. Is that the case with your copy?

PN10

MR DOUGLAS: Yes, that is the case, your Honour. I apologise for that.

PN11

THE SENIOR DEPUTY PRESIDENT: In any event, the union's statutory declaration does appear to be signed and dated.

PN12

MR DOUGLAS: Yes.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes, thank you.

PN14

MR DOUGLAS: If the Commission pleases.

PN15

THE SENIOR DEPUTY PRESIDENT: Mr Wainwright.

PN16

MR WAINWRIGHT: Well, your Honour, it is my submission that there is no statutory requirement that the agreement be dated, but the only relevant dates are those of the application in the valid majority vote date. Those have been supplied and I support the submissions of the applicant.

PN17

THE SENIOR DEPUTY PRESIDENT: In relation to this matter, I am not concerned so much about the agreement not being dated, but the employer's statutory declaration not being dated does provide a minor problem which I perceive is overcome by the fact that the union's statutory declaration is complete and I can rely on that document in order to be satisfied that the requirements have been met. I am satisfied that the requirements of the Act have been met and the agreement will be certified and appropriate certification will be issued as soon as possible. The matter is adjourned on that basis.

ADJOURNED INDEFINITELY [10.56am]