AG2002/4366, Transcript of Proceedings [2003] AIRCTrans 1904 (21 May 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

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TRANSCRIPT OF PROCEEDINGS


O/N 2546

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

AG2002/4366
AG2002/4367
AG2002/4368
AG2002/4369
AG2002/4384

CFMEU AND L AND L DECORATING BUILDING
AND CONSTRUCTION INDUSTRY COLLECTIVE
BARGAINING AGREEMENT 1999-2002

CFMEU AND RIVA PLASTER PTY LTD BUILDING
AND CONSTRUCTION INDUSTRY COLLECTIVE
BARGAINING AGREEMENT 1999-2002

CFMEU AND HILLSIDE CONSTRUCTION GROUP
BUILDING AND CONSTRUCTION INDUSTRY
COLLECTIVE BARGAINING AGREEMENT 1999-2000

CFMEU AND LANDFX BUILDING AND CONSTRUCTION
INDUSTRY COLLECTIVE BARGAINING AGREEMENT
1999-2002

CFMEU AND KEMONA PTY LTD BUILDING AND
CONSTRUCTION INDUSTRY COLLECTIVE
BARGAINING AGREEMENT 1999-2002

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

MELBOURNE

10.18 AM, TUESDAY, 6 MAY 2003

PN1

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

PN2

THE SENIOR DEPUTY PRESIDENT: Thank you. I don't think there are any other appearances in these matters. These are matters which were held over accidentally from late last year. They seem to have been missed out in the arrangements that normally follow for listing. Yes, Mr Wainwright.

PN3

MR WAINWRIGHT: Your Honour, the CFMEU submits in each of these applications that the requirements of the Act have been met. The agreements contain a nominal expiry date that is no greater than three years from the date on which the agreement is made. Perhaps it might even be somewhat less than that. The agreements contain a disputes settlement procedure. They meet the no disadvantage test and each of the requirements in relation to section 170LJ and 170LT have been met. We rely on the statutory declarations filed by the company and the union and we seek to have these agreements certified.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes, these are applications for certification of agreements pursuant to the provisions of the Workplace Relations Act 1996. On the basis of the material that is before the Commission and including the statutory declarations that have been filed by the parties and also on the basis of the submissions made this morning, I am of the view that having regard to the applicable provisions of the Act, I am required to certify the agreements. Appropriate certifications will therefore be issued as soon as possible and those matters are adjourned on that basis.

ADJOURNED INDEFINITELY [10.19am]