AG2003/3635, Transcript of Proceedings [2003] AIRCTrans 2684 (26 June 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 3239

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2003/3635

APPLICATION FOR AGREEMENT WITH
EMPLOYEES (DIVISION 2)

Application under section 170LK of the Act
by Tahbilk Pty Ltd for certification of the
Tahbilk Enterprise Agreement 2003

MELBOURNE

11.09 AM, FRIDAY, 13 JUNE 2003

PN1

MR A. PURBRICK: I appear on behalf of the company, together with MR R. BRYANT, who is representing the employees.

PN2

THE DEPUTY PRESIDENT: Thank you. Just bear with me for one second, Mr Purbrick. Yes, Mr Purbrick?

PN3

MR PURBRICK: Your Honour, the company would like to make an application under Division 2, Part 1B, that is, certificate 8 certification of the Tahbilk Enterprise Agreement 2003. Your Honour, we have been through, as you are very much aware, the necessary processes, and have lodged our application along with the accompanying paperwork, with particular emphasis to satisfying the no disadvantage test. I apologise, your Honour, for the lateness of some further information which was sent through to you mid afternoon yesterday, which simply augments the information that we have pertaining to the no disadvantage test.

PN4

I think also, your Honour, if I can perhaps go back a little way. We have been going through a fairly long or prolonged process to try and have this agreement certified, and we have taken on board, the last time we spoke with you, a number of the concerns that you had, particularly as it pertains to the no disadvantage test, and to that end we have spent quite a lot of time and expense in endeavouring to confirm whether our calculations pertaining to the no disadvantage test, particularly for future employees, in, in fact, correct. And to that end we have used a company called Mason Sierra and Turnbull, who have also prepared some information for you, which you have seen, which to our mind does also, and independently, I guess, importantly, confirms that the no disadvantage test is passed as far as both our present employees and any future employees to the company.

PN5

THE DEPUTY PRESIDENT: Yes. Is there anything further at this stage on the record, Mr Purbrick? Because I would like to go off the record and have you walk me through some of this material. So do you have anything further to add on the record at this stage?

PN6

MR PURBRICK: No, I don't.

PN7

THE DEPUTY PRESIDENT: I will go off the record.

OFF THE RECORD

PN8

THE DEPUTY PRESIDENT: Now, this is an application by Tahbilk Pty Ltd, and there has been a prior application by Tahbilk Pty Ltd for the certification of an agreement which was before me sometime ago now. And in the context of that application I expressed at various times reservations about aspects of the agreement, and particularly about whether the agreement at the time passed the relevant no disadvantage test in accordance with the requirements of the Act.

PN9

With respect to this particular application, I have now in private conference had the opportunity to discuss with the company fully all of the aspects of the no disadvantage test, and the information which the company has gone to quite some lengths to provide to the Commission in an effort to satisfy the Commission that the requirements of the no disadvantage test are met. On the basis of that documentation and on the basis of the submissions of Mr Purbrick, I am satisfied that the agreement meets the requirements of the no disadvantage test, and that employees employed under the terms of the certified agreement will suffer no disadvantage vis a vis the award, as a result.

PN10

On the basis of the documentation that has been provided to me in its entirety, I can say that I am satisfied that the requirements of the Act have been met and complied with, and I can indicate that the agreement known as the Tahbilk Enterprise Agreement 2003 will be certified with effect from today's date, and the agreement will expire on 31 December 2005. On that basis the matter is adjourned, thank you.

ADJOURNED INDEFINITELY [11.38am]