AG2003/2481, Transcript of Proceedings [2003] AIRCTrans 1885 (21 May 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
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TRANSCRIPT OF PROCEEDINGS


O/N 2628

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

AG2003/2481, 2482, 2483, 2484, 2485,
2513, 2514, 2515, 2516

RSJ CRISP PTY LIMITED AND CFMEU
BUILDING AND CONSTRUCTION INDUSTRY
COLLECTIVE BARGAINING AGREEMENT
2002-2005

AUSTVIEW AND CFMEU BUILDING AND
CONSTRUCTION INDUSTRY COLLECTIVE
BARGAINING AGREEMENT 2002-2005

KINGSTON PROPERTY CONSTRUCTIONS
PTY LIMITED AND CFMEU BUILDING
AND CONSTRUCTION INDUSTRY COLLECTIVE
BARGAINING AGREEMENT 2002-2005

CENTRAL ALUMINIUM AND GLASS AND
CFMEU BUILDING AND CONSTRUCTION
INDUSTRY COLLECTIVE BARGAINING
AGREEMENT 2002-2005

WILLIAM WATERS PTY LIMITED AND
CFMEU BUILDING AND CONSTRUCTION
INDUSTRY COLLECTIVE BARGAINING
AGREEMENT 2002-2005

WESTKON PRECAST CONCRETE PTY LIMITED
AND CFMEU BUILDING AND CONSTRUCTION
INDUSTRY COLLECTIVE BARGAINING AGREEMENT
2002-2005

AURORA BUILDING CONTRACTORS PTY LIMITED
AND CFMEU BUILDING AND CONSTRUCTION INDUSTRY COLLECTIVE BARGAINING AGREEMENT 2002-2005

SOLARX PTY LIMITED AND CFMEU BUILDING
AND CONSTRUCTION INDUSTRY COLLECTIVE
BARGAINING AGREEMENT 2002-2005

MINESCO PTY LIMITED AND CFMEU BUILDING AND CONSTRUCTION INDUSTRY COLLECTIVE BARGAINING AGREEMENT 2002-2005

Applications under section 170LJ of the Act
for certification of above agreements

MELBOURNE

10.44 AM, TUESDAY, 6 MAY 2003

PN1

MR R. WAINWRIGHT: I appear on behalf of the Construction, Forestry, Mining and Energy Union in each of the matters listed.

PN2

MR W. WEST: I appear for VECCI on behalf of the companies in these matters.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes, Mr West.

PN4

MR WEST: Your Honour, these are applications on part VIB, division 2. I believe they have been electronically lodged. I have in each case the originals here. I will hand them up, your Honour. We rely on the statutory declaration to meet the requirements of the Act under section 170LJ and LT. I believe in all of the matters, they are out of time. We have confirmation from each of the companies that the workforce has not changed since the date of the vote and I will be handing those confirmations also up to your Honour.

PN5

THE SENIOR DEPUTY PRESIDENT: If you can hand those up to my Associate. Can I just indicate to you, Mr West, that in relation to two of the matters, 2483 and 2485, on the material that was filed, albeit unsigned, of course, at that stage, there is a clash of dates as between the union's statutory declaration and the employer's statutory declaration as to the date of approval. In 2483, the union indicates 1 February and the employer 11 February. In 2485, the union indicates 3 February and the employer 11 February. Do you have any comment to make about any of that? I might indicate that in any event, whichever date it was, they were still out of time, but - - -

PN6

MR WEST: Your Honour, I haven't any comment on that, just to say that I believe that the statutory declarations, except for that hold-up under the Act - - -

PN7

THE SENIOR DEPUTY PRESIDENT: Mr Wainwright.

PN8

MR WAINWRIGHT: Well, your Honour, if memory serves me correctly, the process that the parties go through in relation to these agreements from Mr West is that they are prepared in Mr West's office and the union is certainly in a position of relying on the information as provided by the company and their representatives. I would think that what has occurred is a typographical error and the date that the Commission should rely upon is the date contained in the employer's statutory declaration.

PN9

THE SENIOR DEPUTY PRESIDENT: Do you wish to say anything further, Mr West?

PN10

MR WEST: No, your Honour. I concur with that.

PN11

THE SENIOR DEPUTY PRESIDENT: In relation to each of these matters subject to me being satisfied that the documents now being handed up are in the same form as the documents that were originally filed, I would indicate that I am in each case prepared to grant an extension of time for the lodging of documentation to the date upon which the documents are actually lodged and secondly, in relation to the two matters of the clash of dates of approval, I am prepared to accept that there has been approval and that it occurred on the dates which are specified in the relevant employer's statutory declaration. In those circumstances, I am satisfied that I am required to certify each of the agreements and subject to that checking that I indicated before, an appropriate certification will be issued in relation to each application. The matters are adjourned on that basis.

ADJOURNED INDEFINITELY [10.48am]