AG2003/3072, Transcript of Proceedings [2003] AIRCTrans 2785 (2 July 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N 3340

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMILTON

AG2003/3072

APPLICATION FOR CERTIFICATION
OF GREENFIELDS AGREEMENT

Application under section 170LL
of the Act by Shop, Distributive
and Allied Employees Association
and Another for certification of
SDA-Domino's Pizza Agreement No.
13 2003

MELBOURNE

2.17 PM, THURSDAY, 19 JUNE 2003

PN1

MS J. HEAGENEY: I appear on behalf of the Shop, Distributive and Allied Employees Association.

PN2

THE DEPUTY PRESIDENT: Thank you, Ms Heageney. Have you any opening submissions to put?

PN3

MS HEAGENEY: Yes, I do, your Honour.

PN4

THE DEPUTY PRESIDENT: Excellent.

PN5

MS HEAGENEY: This is an application under section 170LL of the Workplace Relations Act to certify the SDA-Domino's Pizza Agreement No. 13 2003. This is a Greenfields Agreement. This agreement is identical in terms and conditions, and in relation to the expiry date, as previous Domino's agreements - the original agreement being certified by Vice President Ross on 8 October 2001.

PN6

The agreement, like the previous agreements, is to expire on 30 July 2004. There is a grievance procedure which is contained in clause 28 of the agreement. The Association relies on the statutory declaration signed by Joseph de Bruin, the National Secretary of the SDA. May I just make - draw your attention to one point in that stat dec, your Honour.

PN7

At 6.2 of the statutory declaration I failed to actually insert the date that the agreement was made. And I would just like to state on transcript that the agreement was made on 2 April, when the first statutory declaration was signed by Shelly Gear, from Domino's. Sorry, Jasonaz - Jasonaz Pty Limited.

PN8

THE DEPUTY PRESIDENT: Yes.

PN9

MS HEAGENEY: I might just say, your Honour, that error has been made in both statutory declarations both from the company and from SDA.

PN10

THE DEPUTY PRESIDENT: Yes. I will just take you to clause 6 of the employer's statutory declaration if you have that in front of you?

PN11

MS HEAGENEY: Yes, I do, your Honour.

PN12

THE DEPUTY PRESIDENT: Right. There is no response to whether the agreement was generally approved by a valid majority in relation to the answer to 6.1. There is no response to 6.1(ii). Yes, of course, it is an LL isn't it. It is a 170LL agreement.

PN13

MS HEAGENEY: Yes, your Honour.

PN14

THE DEPUTY PRESIDENT: On what basis is it a Greenfields agreement? Is it a new project - a new business, or - - -

PN15

MS HEAGENEY: It is a new business. The site has not yet opened at this stage. There is a franchise agreement with Domino's head office.

PN16

THE DEPUTY PRESIDENT: Right.

PN17

MS HEAGENEY: And they have applied now to have this industrial agreement cover them.

PN18

THE DEPUTY PRESIDENT: Yes. So it is a new - new franchise?

PN19

MS HEAGENEY: Yes, your Honour.

PN20

THE DEPUTY PRESIDENT: Right. Is it a separate legal entity, or - - - ?

PN21

MS HEAGENEY: Yes, I believe it is a separate entity, that is why they have had to lodge - - -

PN22

THE DEPUTY PRESIDENT: So the franchise will be exercised by a company or - - -

PN23

MS HEAGENEY: Yes, a company, yes. Jasonaz Pty Limited. And in all 13 agreements there has been a different proprietary limited listing. Yes.

PN24

THE DEPUTY PRESIDENT: All right. Yes. Indeed. And the various reductions on the award I recall I have considered them myself on I think two occasions?

PN25

MS HEAGENEY: Yes, two occasions, your Honour.

PN26

THE DEPUTY PRESIDENT: And they are identical?

PN27

MS HEAGENEY: Yes, your Honour. There is no change to the structure or terms and conditions of the enterprise agreement.

PN28

THE DEPUTY PRESIDENT: Yes.

PN29

MS HEAGENEY: It is simply called number 13 this time.

PN30

THE DEPUTY PRESIDENT: Right. All right. Well, is there anything else you want to add - - -

PN31

MS HEAGENEY: Your Honour, we would just seek - - -

PN32

THE DEPUTY PRESIDENT: - - - while we are here?

PN33

MS HEAGENEY: - - - to have the application - the agreement, sorry, certified from today's date, if it please the Commission.

PN34

THE DEPUTY PRESIDENT: Thank you very much. Well, on the basis of the statutory declarations filed and the submissions put today I will certify the agreement as sought by the parties and a certificate will issue as soon as possible. Thank you very much.

PN35

MS HEAGENEY: Thank you, your Honour.

ADJOURNED INDEFINITELY [2.22pm]