AG2003/5213, Transcript of Proceedings [2003] AIRCTrans 2857 (9 July 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 3404

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2003/5213

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by Price Plastics Pty Limited for
certification of the Price Plastics Pty
Limited Enterprise Agreement 2003

MELBOURNE

12 NOON, TUESDAY, 24 JUNE 2003

PN1

MS K. IRWIN: I appear from the Australian Industry Group on behalf of Price Plastics Pty Limited and appearing with me today, Commissioner, is MR M. EBZERY from the company and MR D. TE ARIHI, the employee representative.

PN2

THE COMMISSIONER: Thank you. Yes, Ms Irwin.

PN3

MS IRWIN: Commissioner, this is an application made under division 2 of part VIB of the Act for certification of an agreement made in accordance with section 170LK. Commissioner, the terms of the agreement were reached between the company and the employees as described in clause 3 of the agreement. The parties have prepared a statutory declaration which we believe meets all of the requirements of the Act, regulations and rules of the Commission.

PN4

We would further submit that all of the requirements of section 170LK and section 170LT have been met, namely the agreement we submit does not disadvantage the employees covered by it. A valid majority of the employees genuinely made the agreement on 20 May 2003. Access to the agreement and an explanation of the terms of the agreement occurred in accordance with the requirements of section 170LK and was appropriate having regard to the particular circumstances of the employees covered by the agreement.

PN5

The agreement contains a dispute settlement procedure at clause 15. The period of operation of the agreement is set out in clause 5 where it is stated that the agreement will expire three years after the date of certification. Commissioner, I also understand that Mr Terry Bourke has made an application under section 170XF of the Workplace Relations Act for the designated award which in his application we submit it should be the Rubber, Plastics and Cable-making General Award 1998. We would therefore request, Commissioner, that the Commission certify the agreement in the terms sought. If the Commission pleases.

PN6

THE COMMISSIONER: Yes, thank you. Mr Te Arihi, can you understand - everything okay?

PN7

MR TE ARIHI: Yes.

PN8

THE COMMISSIONER: Did everyone read the agreement?

PN9

MR TE ARIHI: Yes, they did.

PN10

THE COMMISSIONER: And did they have a discussion about it?

PN11

MR TE ARIHI: They did.

PN12

THE COMMISSIONER: Good, and how did they vote on it?

PN13

MR TE ARIHI: After reading it, they were happy with it and we were all in a room and voted by hand.

PN14

THE COMMISSIONER: All right, and you reckon they all understand it?

PN15

MR TE ARIHI: Yes.

PN16

THE COMMISSIONER: Thanks very much. The appropriate award is the Rubber, Plastic and Cable-making General Award 1998 on the Commission's perusing of the agreement, anyhow, I don't know about Mr Bourke's. Accordingly, the agreement to be known as the Price Plastics Pty Limited Enterprise Agreement 2003 which is a 170LK agreement with the employees under division 2 is an agreement which meets the requirements of the Commission's rules and the requirements of the Workplace Relations Act. Accordingly, pursuant to section 170LT of the Workplace Relations Act, the Commission certifies the said agreement. The agreement shall come into force from today's date, 24 June 2003 and shall remain in force until 23 June 2006. Thank you. The Commission is adjourned.

ADJOURNED INDEFINITELY [12.04pm]