AG2003/2761, Transcript of Proceedings [2003] AIRCTrans 2187 (12 June 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER DANGERFIELD

AG2003/2761

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LS of the Act
by Construction, Forestry, Mining and Energy
Union, FFPD, South Australian Branch (No 3
Branch) and Another for certification of the
GE Capital, Returnable Packaging Systems,
Wingfield Enterprise Agreement 2003-2005

ADELAIDE

2.25 PM, MONDAY, 26 MAY 2003

PN1

THE COMMISSIONER: Now, appearances, thanks?

PN2

MR NICHOLS: If it please the Commission, I appear for the CFMEU, Forest and Furniture Products Division.

PN3

MR WENFREY: If it please the Commission, I appear for General Electric Returnable Packaging Systems.

PN4

THE COMMISSIONER: Thank you. Mr Nichols, do you want to talk to this?

PN5

MR NICHOLS: Commissioner, the parties appear today seeking approval from the Commission in respect of the GE Capital, Returnable Packaging Systems, Wingfield Enterprise Agreement (2003-2005). In terms of satisfying the relevant statutory requirements, the agreement was voted for by a valid majority of employees. The agreement does include a procedure for preventing and settling disputes between the employer and employees, and that can be found under clause 9. The agreement does have a nominal expiry date, and this date is 31 December, 2005.

PN6

It is our belief, Commissioner, that the agreement does pass the no disadvantage test and therefore, we would recommend the document to you for certification, if the Commission pleases.

PN7

THE COMMISSIONER: Yes. Now, Mr Wenfrey, any comments?

PN8

MR WENFREY: Likewise, we also seek approval for the agreement (2003-2005). We believe it is in the best interests of both the business and the employees. We have had quite a bit of discussion and consultation over the agreement which is why it has taken a little bit of time to get out but we are confident and here seek approval for it by yourself.

PN9

THE COMMISSIONER: Yes, thanks.

PN10

MR WENFREY: Thank you.

PN11

THE COMMISSIONER: Just a comment in relation to the agreement itself, I'm satisfied with the statutory declarations which appear to be in order. Just in regard to the agreement, I note that clause 8, Wage Rates, does not actually contain wage rates. It just contains a reference to percentage increases to be applied from 1 January 2003, 2004, and then 2005. This is quite common with a lot of agreements but the point I want to make to the parties is that unless we actually have some rates, unless we know what the rates were as at 1 January 2003 before - really, as at 31 December 2002, the day before this agreement took place, if there's ever an issue about underpayment down the track, we won't know what this is based on. Do you know what I mean?

PN12

So it is just from an enforceability point of view, what I would like the parties to do is if you could provide, in effect, a wage schedule indicating the classifications and the rates of pay for each classification applicable immediately prior to 1 January this year so I know the rates before we actually apply the first 4 per cent from 1 January 2003. In other words, just a schedule saying: these are the classifications. These were the actual wages paid as at, in effect, 31 December 2002. I will then just - that won't become part of the agreement as such, but I will certify the agreement with that attached to it so that if it becomes an issue of enforceability down the track, we know what we are talking about.

PN13

MR WENFREY: We can certainly do that.

PN14

THE COMMISSIONER: I think that is the common thing done with this, so apart from that, everything else is in order so I can indicate for the record that the Commission has considered the application before it, which is an application to have an agreement certified pursuant to section 170LS and division 3 of Part VIB of the Act. The Commission has also perused the terms of the agreement, the subject of the application, and has considered the statutory declarations on file of Steven Wenfrey, Operations Manager of GE Capital, Returnable Packaging Systems, the employer in this matter and Mark Nichols, SA Branch Organiser of the CFMEU, Forestry and Forestry Products Division.

PN15

Having heard from the parties today in relation to this application regarding the agreement certified under division 3 of Part VIB, I note firstly that the Timber and Allied Industries Award (1999) is the relevant award for the purposes of the no disadvantage test, and can indicate that the agreement has been measured against the terms of that award. I note also that at clause 9, the agreement includes procedures for preventing and settling industrial disputes between the parties. I can finally indicate for the record that I am satisfied that all the necessary statutory requirements for certification of the agreement have been met.

PN16

Accordingly, and subject only to the parties providing a wage schedule indicating the classifications and rates of pay applicable immediately prior to the intended operation of this agreement, as mentioned earlier in these proceedings, subject only to that, the Commission certifies the GE Capital, Returnable Packaging Systems, Wingfield Enterprise Agreement (2003-2005). The date of certification will be today's date, 26 May 2003, although I actually note that from clause 4 of the agreement, the agreement itself will actually operate from the beginning of the first pay period commencing - it says actually commencing 1 January 2003. I think that is clear.

PN17

That is when the agreement will commence but the day of certification happens to be today. I note that the agreement will remain in force until 31 December 2005. The necessary documentation confirming certification of the agreement will be forwarded to the parties over the next few days after we have received that wage schedule, and if we could receive that with the signatures of both parties so that I know it is an agreed schedule. I note finally that certification of this agreement ends the bargaining period in bargaining period 452 of 2003.

PN18

I think that is the case, that the bargaining period is - comes to an end as indicated in the statutory declarations. It is the bargaining period 452 of 2003 and I think that covers everything unless there is anything further from either of parties for the record?

PN19

MR WENFREY: No.

PN20

MR NICHOLS: No. Commissioner, do we give that wage schedule to your associate?

PN21

THE COMMISSIONER: Get the wage schedule to my associate in the next couple of days. All I really need is perhaps the wages schedule, showing the classifications and the wages, and perhaps a covering letter signed by both of you saying that this is what it is and we will then keep that on file for future record so subject to that, I think that disposes of the matter.

PN22

MR NICHOLS: Thank you, Commissioner.

PN23

MR WENFREY: Thank you.

ADJOURNED INDEFINITELY [2.30pm]