AG2002/2653, Transcript of Proceedings [2003] AIRCTrans 1897 (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)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 2633

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

AG2003/2653, 2654, 2655, 2656, 2660,
2661, 2662, 2663, 2664, 2665, 2666,
2872, 2873, 2874, 2877, 2878, 2879

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

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

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

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

CARRON CONCRETE SERVICES PTY LIMITED AND CFMEU BUILDING AND CONSTRUCTION INDUSTRY COLLECTIVE BARGAINING AGREEMENT 2002-2005

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

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

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

INDEPENDENT SCAFFOLDS AND CFMEU BUILDING AND CONSTRUCTION INDUSTRY COLLECTIVE BARGAINING AGREEMENT 2002-2005

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

CONSTRUCTION ENGINEERING (AUST) PTY LIMITED AND
CFMEU BUILDING AND CONSTRUCTION INDUSTRY COLLECTIVE BARGAINING AGREEMENT 2002-2005

SOURCE ONE INTERIORS (MELBOURNE) PTY LIMITED AND
CFMEU BUILDING AND CONSTRUCTION INDUSTRY COLLECTIVE BARGAINING AGREEMENT 2002-2005

GROVE PORTABLE BUILDINGS (HIRE) PTY LIMITED AND
CFMEU BUILDING AND CONSTRUCTION INDUSTRY COLLECTIVE BARGAINING AGREEMENT 2002-2005

CONTRACT MANAGEMENT SYSTEMS PTY LIMITED AND CFMEU BUILDING AND CONSTRUCTION INDUSTRY COLLECTIVE BARGAINING AGREEMENT 2002-2005

BURBANK HOLDINGS AND CFMEU BUILDING AND CONSTRUCTION INDUSTRY COLLECTIVE BARGAINING AGREEMENT 2002-2005

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

ARIGNA CONSTRUCTIONS 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

11.00 AM, TUESDAY, 6 MAY 2003

PN1

MR G. FISHER: I appear on behalf of the Master Builders' Association, representing those companies listed from 2653 to 2879.

PN2

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

PN3

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

PN4

MR FISHER: Your Honour, I appear before the Commission today seeking certification of all agreements listed. Furthermore, your Honour, we do seek an extension of time on all agreements listed. Your Honour, what I have done is contacted each individual company an notified them of the date of certification and also asked the key question in relation to the statutory declaration and they have also informed me, your Honour, that the composition of the workforce has not altered since the signing of the statutory declaration. Your Honour, if I may hand up a statutory declaration outlining to that fact.

EXHIBIT #F1 STATUTORY DECLARATION

PN5

MR FISHER: Thank you, your Honour. There are reasons why they are out of time, your Honour, which are numerous, but the biggest factor is the greater majority of members are only small, don't have the expertise or the manpower, your Honour, and certainly have had problems in relation to the statutory declaration. Also, our agreements have been electronically e-mailed up and I do have a box of agreements to hand up, your Honour, and we seek certification.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, they can be handed up in due course. The files that we have at present, as I understand it, do not contain any statutory declarations from the union.

PN7

MR FISHER: Each of the agreements will be handed up with the union's statutory declaration, your Honour. We have done that since this lodgment has begun this year. We do have a further meeting on the 16th with Vice President Ross to have an overview.

PN8

THE SENIOR DEPUTY PRESIDENT: I understand the trial period is still extant.

PN9

MR FISHER: Yes. We have e-mailed other agreements which have actually got lost in the system, your Honour, so there are a couple of bugs there, but I think it is a great idea, anyway. If the Commission pleases.

PN10

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

PN11

MR WAINWRIGHT: Well, your Honour, it is the CFMEUs view that in relation to our statutory declarations, they are identical in detail. We certainly hope that they are identical in detail to those provided by the individual companies and obviously it would be better if the Commission had an opportunity to view those before the hearing date. However, we are still trying to work through the problems of the electronic lodgment system and the different methods that the different parties are using, but regardless, your Honour, the CFMEU supports the applications of the MBA in relation to these matters and we say that the requirements of the Act have been met and we support both the MBA seeking certification and their application for an extension of time.

PN12

THE SENIOR DEPUTY PRESIDENT: In relation to each of these matters, I am satisfied on the material that is now before me that I should grant an extension of time and I do so to the date upon which the documentation was lodged in the Commission. Subject to me being satisfied that the original material now handed up to the Commission is the same as the documents that have been already filed and that in each case there is a statutory declaration from the union, I am satisfied that I should certify the agreements and subject to what I have just said, certifications will be issued as soon as possible in each case. The matters are adjourned on that basis.

ADJOURNED INDEFINITELY [11.03am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #F1 STATUTORY DECLARATION PN5