AG2003/3711, Transcript of Proceedings [2003] AIRCTrans 2018 (28 May 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DRAKE

AG2003/3711

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Coles Supermarkets Australia Pty
Ltd and Another for certification of the
Coles Supermarkets Australia Pty Ltd &
Bi-Lo Pty Ltd & AMIEU NSW/ACT Agreement 2003

SYDNEY

2.08 PM, TUESDAY, 13 MAY 2003

Adjourned sine die

THESE PROCEEDINGS WERE CONDUCTED BY VIDEOCONFERENCE IN SYDNEY

PN1

THE SENIOR DEPUTY PRESIDENT: Can I have the appearances, please?

PN2

MR A. YOANNIDIS: If it pleases the Commission, I appear on behalf of Coles Supermarkets and Bi-Lo.

PN3

MR A. GREEN: I am appearing, from Coles, in New South Wales.

PN4

MS P. FERNANDEZ: If the Commission pleases, I represent the Australasian Meat Industry Employees Union, New South Wales Branch and Newcastle Northern Branch. With me is MS D. WILLIAMS.

PN5

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes, who is speaking to this matter?

PN6

MR YOANNIDIS: I'll head off, if you like, your Honour. Firstly, I would like to thank you for organising a videoconference. As you are aware, this is an application pursuant to section 170LJ for certification of an agreement between Coles Supermarkets, Bi-Lo Supermarkets, the New South Wales Branch of the AMIEU and the Newcastle Branch of the AMIEU. The agreement will apply in New South Wales and the ACT.

PN7

This agreement, your Honour, was negotiated with a negotiating committee comprising delegates and representatives from both branches of the union. The agreement, your Honour, in terms of its structure is in the same format as was previously certified before yourself on 15 June 2000 in that it was a joint employer agreement with both branches of the union.

PN8

Your Honour, I'm not proposing to make detailed submissions but both companies submit that the agreement meets the no disadvantage test and the agreement is an agreement that we commend to the Commission to be certified. Based on our submission, it meets the requirements of the legislation and we submit that the agreement should be certified. I'm happy to address any questions that you may have, your Honour.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes. In clause 38.1.7, the dispute resolution clause, Mr Yoannidis, it says:

PN10

If the matter still cannot be resolved the matter may be referred to the Australian Industrial Relations Commission.

PN11

Is that a referral for the purposes of conciliation and arbitration?

PN12

MR YOANNIDIS: Yes, your Honour.

PN13

THE SENIOR DEPUTY PRESIDENT: It would be better, I think, if that were actually stated so that, if there is any notification pursuant to the dispute resolution clause, we don't have to have a discussion about what the clause means before we get into the dispute. However, if that is the answer and that is a matter that is agreed by the union - is it?

PN14

MS FERNANDEZ: Certainly it is, your Honour.

PN15

THE SENIOR DEPUTY PRESIDENT: Then I'll order a copy of the transcript and have it distributed to the parties and keep a copy on the file so that it is clear to any other member who may be dealing with the matter later on.

PN16

MR YOANNIDIS: Thank you, your Honour.

PN17

THE SENIOR DEPUTY PRESIDENT: That is the only question I had. Is there any other matter you wanted to tell me about?

PN18

MR YOANNIDIS: No, your Honour.

PN19

THE SENIOR DEPUTY PRESIDENT: Other than that you rely on the statutory declarations before the Commission?

PN20

MR YOANNIDIS: Yes, your Honour.

PN21

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Green, is there anything you wish to add?

PN22

MR GREEN: No, your Honour.

PN23

THE SENIOR DEPUTY PRESIDENT: Ms Fernandez, do you agree with the matters put by the employer?

PN24

MS FERNANDEZ: We certainly do, your Honour.

PN25

THE SENIOR DEPUTY PRESIDENT: You support the agreement?

PN26

MS FERNANDEZ: We certainly do.

PN27

THE SENIOR DEPUTY PRESIDENT: All right. I'll issue a copy of the transcript so that all parties are aware of it and should the matter come up before any other member, so that the issue is clear.

PN28

MS FERNANDEZ: Thank you.

PN29

THE SENIOR DEPUTY PRESIDENT: I'll certify the agreement. Thank you.

PN30

MS FERNANDEZ: Thank you, your Honour.

PN31

MR YOANNIDIS: Thank you, your Honour.

ADJOURNED INDEFINITELY [2.12pm]