AG2003/4956, Transcript of Proceedings [2003] AIRCTrans 2642 (26 June 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 3211

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

AG2003/4956

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Shop, Distributive and Allied Employees Association
- Victorian Branch and Another for certification of the
Spotlight Stores Pty Ltd - SDA Warehouse Enterprise
Agreement 2002

MELBOURNE

10.46 AM, THURSDAY, 12 JUNE 2003

PN1

MR J. CERRITELLI: I appear for the Shop, Distributive and Allied Employees Association.

PN2

MR S. PIKE: I appear for Spotlight Stores.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Pike. Yes, Mr Cerritelli.

PN4

MR CERRITELLI: Thank you, your Honour. The application before you is for the certification of the enterprise agreement at the Spotlight warehouse or distribution centre it is. Spotlight has a series of stores, they run a warehouse out in Laverton North. We believe the application before you complies with all relevant requirements of the legislation and we ask that the Commission certify the agreement. But before I go on and do my usual spiel about the glories of the agreement, I just want to highlight to you that there are a couple of typing errors on the statutory declaration submitted.

PN5

What I have done is I have just quickly grabbed a copy of the stat dec and pencilled in or penned in where the errors are. Basically the errors relate to the nominal expiry date of the agreement, which is on page 7 of the statutory declaration as signed by Michael Donovan.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes.

PN7

MR CERRITELLI: In the agreement, there was a typo error that said 1 November 2002, that should in actual fact be 2005.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes.

PN9

MR CERRITELLI: And the other question relates to question 7.8 of the statutory declaration, which refers to the bargaining period case number. Instead of writing BP15972 of 2002, it was actually written as CN15972 of 2002.

PN10

THE SENIOR DEPUTY PRESIDENT: But it is BP, I am sorry?

PN11

MR CERRITELLI: It is BP15972.

PN12

THE SENIOR DEPUTY PRESIDENT: 1597 of 2003, yes.

PN13

MR CERRITELLI: 2002.

PN14

THE SENIOR DEPUTY PRESIDENT: 2002.

PN15

MR CERRITELLI: Yes.

PN16

THE SENIOR DEPUTY PRESIDENT: Thank you for that.

PN17

MR CERRITELLI: And I have got - just - - -

PN18

THE SENIOR DEPUTY PRESIDENT: I will - the statutory declaration will be amended to reflect those changes.

PN19

MR CERRITELLI: Thank you. I have just penned it in there.

PN20

THE SENIOR DEPUTY PRESIDENT: Thank you for that.

PN21

MR CERRITELLI: Thanks.

EXHIBIT #EA1 AMENDED STATUTORY DECLARATION

PN22

MR CERRITELLI: Thank you, your Honour. The warehouse in question is a small warehouse that employs about 33 persons. Yes, 33 persons. The main advantages of this enterprise agreement compared to the last, it continues to build upon the last enterprise agreement. But I suppose from our perspective, there is three main advantages to this enterprise agreement, your Honour, first being over the life of three years there is a nine and a half percent wage rise of which four percent is to be backdated to 1 November 2002, which I believe the company will be paying that four percent post certification of the agreement.

PN23

Also there is now a clause that talks about no forced redundancies, so it is a bit of security enhancement to the employment for our members. And the main breakthrough in this enterprise agreement is actually the introduction of a 36 hour week on 1 November 2003 at which time there will also be a one and a half percent wage rise, which is part of that nine and a half percent. So on that basis there was a continual meeting with members over the life of the negotiations, which were long negotiations and there was some industrial action during that period.

PN24

But overall the members are happy with the agreement, they voted in an absolute majority in support of the agreement and they had the regulatory 14 days to examine it and ask questions and have another vote on the matter. Thank you, your Honour.

PN25

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Cerritelli. Yes, Mr Pike.

PN26

MR PIKE: There is not really much else to add. No, for a change, I guess, our negotiations were a tad protracted but I think we got there finally. So it was an interesting process but, yes, I think we are pretty pleased with the outcome.

PN27

THE SENIOR DEPUTY PRESIDENT: Good. Thank you for that, Mr Pike. This is an application pursuant to section 170LJ of the Workplace Relations Act 1996 for certification of the Spotlight Stores Pty Ltd - SDA Warehouse Agreement 2002, an agreement entered into between Spotlight Stores Pty Ltd and the Shop, Distributive and Allied Employees Association. Having regard to the statutory declarations filed in the matter and the submissions made today, I am satisfied that each of the requirements of the Act has been met and the relevant rules of the Commission have been complied with.

PN28

In those circumstances and in accordance with section 170LT of the Act, I now certify the agreement in the terms entered into between the parties. The agreement shall come into force from 12 June 2003 and shall remain in force until 1 November 2005. I note for the record that certification of the agreement has the effect arising from section 170MV of the Act of ending the bargaining period in BP1597/2002. A copy of the certificate will be provided by mail to the parties. I will now adjourn that matter. Thank you.

ADJOURNED INDEFINITELY [10.51am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #EA1 AMENDED STATUTORY DECLARATION PN22