AG2003/3140, Transcript of Proceedings [2003] AIRCTrans 2024 (28 May 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 60-70 Elizabeth St SYDNEY NSW 2000
DX1344 Sydney Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

AG2003/3140

APPLICATION FOR CERTIFICATION OF AGREEMENT

Application under section 170LJ of the Act
by P & O Ports and the Maritime Union of Australia
for certification of the P & O Ports Portland
Enterprise Agreement 2003

SYDNEY

9.26 AM, TUESDAY, 13 MAY 2003

PN1

THE COMMISSIONER: Could I have the appearances please?

PN2

MS K. MELDRUM-HANNA: Commissioner, I appear on behalf of P & O Ports.

PN3

MR W. GIDDINS: Commissioner, I appear for the Maritime Union of Australia in this matter.

PN4

THE COMMISSIONER: Yes, Ms Meldrum-Hanna?

PN5

MS MELDRUM-HANNA: Commissioner, today I am here also with MS E. FENSOM, the Employee Relations Manager at P & O Ports.

PN6

THE COMMISSIONER: Yes?

PN7

MS MELDRUM-HANNA: Commissioner, this is an application for certification of the P & O Ports Portland Enterprise Agreement 2003 pursuant to section 170LJ of the Workplace Relations Act. The parties to the agreement are P & O Ports and the MUA. Commissioner, you will be aware that this agreement is another in a series of agreements that have been certified by the commission in relation to P & O Ports' operations in Australia. And, again, the application is accompanied by a statutory declaration of Ms Emma Fensom from P & O Ports.

PN8

The agreement covers the stevedoring employees working in the Portland Bulk and General in Portland, Victoria. Commissioner, the agreement was approved by a valid majority of employees on 28 March 2003 and Ms Fensom's affidavit at point 6.1, 6.6 and 6.7 set out the steps that were taken by P & O Ports to comply with the requirements under the Act in terms of notice and ensuring that all employees covered by the agreement had an opportunity to discuss it an understand its terms.

PN9

Commissioner, we submit that the agreement passes the no disadvantage test in all material respects. And in this regard we attach attachment A at the back of the statutory declaration which sets out a comparison of the main terms of the agreement as compared to the terms under the relevant award being the Stevedoring Industry Award.

PN10

There is one further matter that I would like to bring to the attention of the Commission and that is the fact that the date that the application for certification of this agreement was filed. Commissioner, as I said, the agreement was approved by a valid majority on 28 March and the agreement then, in compliance with section 170LM, being the 21 days, should have been filed on 18 April 2003. However, it was filed on 24 April. We note in this regard that the Friday itself was a public holiday as was the following Monday. And the reason that we offer for this delay, Commissioner, is it was the Easter period and the public holidays. So, in fact, it really was only three days late we could say in that regard. Neither party to the agreement will be disadvantaged by the late application. And we would respectfully request that you exercise a discretion to extend the time limit pursuant to section 111(1)(r) of the Workplace Relations Act to allow the application today.

PN11

Further, we would add that there has been no change in the composition of the workforce since the agreement was approved, and in certifying the agreement it would be in furtherance and facilitating the purpose of the Workplace Relations Act. So, in that regard we request that the application proceed today.

PN12

THE COMMISSIONER: Yes, thank you, Ms Meldrum-Hanna. Mr Giddins?

PN13

MR GIDDINS: Commissioner, we adopt the submissions of my colleagues acting for P & O Ports. Particularly in respect to a request from the bar table that you do exercise your discretion so that other than some administrative reasons there was nothing nefarious with respect to the late filing of the application. We rely on the statutory declaration of myself attested on 24 April in support of the application. But for section 170LM(2) we say that in all other respects the Act and the rules have been complied with and we commend the agreement for certification.

PN14

THE COMMISSIONER: Thank you. This is an application to have certified an agreement that is to be known as the P & O Ports Portland Enterprise Agreement 2003. The parties to the agreement are P & O Ports Limited and the Maritime Union of Australia. On the basis of the submissions and documentation the commission is satisfied that the relevant requirements of the Act and of the rules of the Commission have been applied with, saving one matter. The agreement was lodged out of time but in the circumstances the Commission extends time. The agreement will be certified. It will come into force from 13 May 2003 and will remain in force until 30 June 2005.

PN15

On that basis these proceedings are now adjourned.

ADJOURNED ACCORDINGLY [9.31am]