AG2003/5264, Transcript of Proceedings [2003] AIRCTrans 2743 (2 July 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RICHARDS

AG2003/5264

APPLICATION FOR CERTIFICATION OF AGREEMENT

Application under section 170LJ of the Act
by Brambles Industrial Services and Australian
Manufacturing Workers Union for certification
of the Brambles Industrial Services (Gove Site)
Maintenance and Services Agreement 2003

BRISBANE

2.35PM, FRIDAY, 20 JUNE 2003

PN1

THE COMMISSIONER: Good afternoon, please take a seat. If I could take some appearances, thanks.

PN2

MS. A. HANCOCK: If it please the Commission, Hancock, initial A., appearing for Brambles Australia Limited trading as Brambles Industrial Services.

PN3

THE COMMISSIONER: Thanks, Ms Hancock. You are on your own Pat Malone today.

PN4

MS HANCOCK: Yes, I am, Commissioner.

PN5

THE COMMISSIONER: And no AMWU appearing?

PN6

MS HANCOCK: No.

PN7

THE COMMISSIONER: I have that underlying problem though. It is not only the non-appearance for the purposes of today's proceedings, but there is the issue of the statutory declaration about which I know you are aware. That hasn't been forthcoming to your knowledge either?

PN8

MS HANCOCK: No, Commissioner, I had a conversation to them regarding them yesterday, and they promised me that they would get them to you yesterday, so I am not quite sure where they are.

PN9

THE COMMISSIONER: Was that with Mr Moorhead, was it?

PN10

MS HANCOCK: Yes, it was.

PN11

THE COMMISSIONER: Well, let me hear you first of all on the agreement itself and then we will at the end of that to what we will do with this statutory declaration issue.

PN12

MS HANCOCK: Thank you, Commissioner. We are seeking registration, Commissioner, of an agreement under section 170LJ of the Workplace Relations Act, as detailed in the statutory declaration submitted on behalf of the company, dated 16 June 2003. The proposed agreement was made between the Automotive, Food, Metals, Engineering Printing and Kindred Industries Union and Brambles Australia Limited, trading as Brambles Industrial Services in respect of employees covered under the scope of the National Maintenance and Construction - sorry, the National Building and Construction Industry Award 2000, and are employed by Brambles Industrial Services at the Gove site in the Northern Territory.

PN13

The negotiations occurred with the AMWU and the employees on site through a consultative process and the employees had 14 days to consider the document before formally voting on 9 May 2003. There are 45 employees covered by this agreement of which 10 are casuals and 3 are under the age of 21. Commissioner, I would like to draw your attention to three clauses in the agreement. Clause 4 contains the date of expiry which is three years from date of certification, clause 8 contains the wage rates that are to apply over the life of the agreement, and clause 25 contains the disputes procedure.

PN14

And it is the company's submission that the agreement meets the principles for certification by the Commission, and the company respectfully submits that certification proceed pending the statutory declaration submitted on behalf of the AMWU.

PN15

THE COMMISSIONER: Yes, thanks, Ms Hancock. Look, I am satisfied that the agreement meets the statutory requirements. I am not prepared to exercise my discretion under rule 6 to forego the rules in respect of, or to waive the rules in respect of the requirement for a statutory declaration from the employee organisation bound by the agreement. I will certify the agreement as of today's date to operate for a period of three years on its own terms from today's date. But that certification will be contingent on the receiving within seven days the suitably signed statutory declaration by the AMWU.

PN16

In the event that no appropriately signed statutory declaration emerges, and by that I mean the statutory declaration of - that reflects that of the employer but also one that is signed by the appropriate persons. In the event that that is not forthcoming within seven days then I will act to revoke the certification of the agreement, but I would be grateful if you would use what officers you have at your disposal to convey that outcome to the AMWU so that might hasten the provision of the necessary documentation.

PN17

MS HANCOCK: Yes, Commissioner.

PN18

THE COMMISSIONER: Are you aware of it having been compiled?

PN19

MS HANCOCK: When I spoke to them yesterday, I had forwarded them on, I think it was Tuesday, our copy electronically. So they simply had to use that to create theirs, and they had not done it yesterday when I spoke to them at about 9 am. And they promised that they would do it as soon as they got off the phone, so I am not quite sure what happened. I will talk to them as soon as I get back to the office though.

PN20

THE COMMISSIONER: Okay then. Well, if you can convey the outcome. I will put out a decision, and the decision will also reflect the contingent nature of that decision, and that will also go to them as well, so they will receive that on their faxes in a short period as well. But, look, that said, if you could perhaps get on the phone and just mention to them that they a specific period of time before such time that I will revoke it. If I don't receive it I will just put out an order revoking the certification of today, on the basis of what I have said.

PN21

But failing that - I mean, notwithstanding that, I presume they will be able to generate the agreement within the timeframe that I have provided. I guess seeing that it seems to be on foot and it must be no more than an administrative difficulty that has arisen, given the circumstances of dealing with Brisbane and Gove and so on, and that it wouldn't be the first time that I have seen that in the last couple of months, I would have to say so. I am understanding of that, not just AMWU related matters, but also in other related areas as well.

PN22

So look, that said, we will adjourn for the time being, and I presume Mr Moorhead will make the statutory declaration available to me within the timeframe as advised. Okay.

PN23

MS HANCOCK: Thank you, Commissioner.

PN24

THE COMMISSIONER: Good, thanks, Ms Hancock, we are adjourned.

ADJOURNED INDEFINITELY [2.42pm]