AG2003/5721, Transcript of Proceedings [2003] AIRCTrans 2918 (11 July 2003)

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TRANSCRIPT OF PROCEEDINGS


AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2003/5721

APPLICATION FOR CERTIFICATION OF
AGREEMENT

Application under section 170LJ of the Act
by the Australian Federal Police and Another
for certification of Australian Federal Police
2002 - 2006 Certified Agreement.

CANBERRA

3.36 PM, FRIDAY, 27 JUNE 2003

PN1

THE DEPUTY PRESIDENT: Could I take appearances, please?

PN2

MR J. IRELAND: Yes, Deputy President, I appear on behalf of the Commissioner of the Australian Federal Police.

PN3

THE DEPUTY PRESIDENT: Thank you.

PN4

MR J. HUNT-SHARMAN: Yes, Deputy President, I am the AFPA National President and I appear before you representing the Australian Federal Police Association.

PN5

THE DEPUTY PRESIDENT: Thank you. I have a copy of the agreement plus all of the attachments. I have been busily reading all the frequently asked questions and I think they will be referred to, no doubt, on many occasions, but for your benefit, I have been through the agreement and I have no queries that I wanted to raise with you as to the content of the agreement and its satisfaction of the requirements of the Act, but it is up to the parties how much they want to put on the record.

PN6

MR IRELAND: We would just like to say on behalf of the Commissioner, Deputy President, that the proposed agreement met all the requirements of the voting and that we are seeking its certification. We believe it builds on what we have done in the past and that it progresses our objectives in establishing an appropriate remuneration structure for the next three years.

PN7

THE DEPUTY PRESIDENT: Okay. Was there about a 60 something per cent response?

PN8

MR IRELAND: There was over 65 per cent, almost two-thirds of the workforce responded to the agreement and actually 59.5 per cent of those who voted, voted in favour of the agreement.

PN9

THE DEPUTY PRESIDENT: That satisfies the valid majority required under the Act. Did you want to add anything else, Mr Hunt-Sharman?

PN10

MR HUNT-SHARMAN: Thank you, Deputy President. Yes, obviously we are very satisfied with the agreement. We believe that it does move the organisation forward whilst protecting the individual employees in regards to particularly a work/life balance that we have tried to enhance this agreement compared to the previous agreement and as based on the voting results, we clearly endorse this agreement.

PN11

THE DEPUTY PRESIDENT: Okay. As I said, unless Mr Ireland has anything else he wants to add?

PN12

MR IRELAND: No, Deputy President.

PN13

THE DEPUTY PRESIDENT: All right. As mentioned, I have been through the agreement and as to satisfaction of the Act, there is nothing in there that I need to raise with you. What I did want to put on the record was that there are a number of matters currently before the Board of Reference which have yet to be finalised, depending which we look at, but the agreement has no effect on the outcome of those. They will be determined or sorted out in due course.

PN14

MR IRELAND: That is correct.

PN15

THE DEPUTY PRESIDENT: Accordingly, this is an application pursuant to section 170LJ of the Workplace Relations Act for certification of the Australian Federal Police Certified Agreement 2003 - 2006. Parties to the agreement are the Commissioner of the Australian Federal Police and the Australian Federal Police Association and all the employees covered by the classifications found in the agreement. Each of the parties has provided the required statutory declarations, as well as a lot of other documentation which will be very useful no doubt in the future.

PN16

Accordingly, I am satisfied that the requirements of the Act have been met, the vote has been properly effected and a valid majority has voted in favour of the agreement. Accordingly, it will be certified. It takes effect from - is it the first pay period after today?

PN17

MR IRELAND: Could we make it 1 July?

PN18

THE DEPUTY PRESIDENT: The Act - the date of 1 July?

PN19

MR IRELAND: The date of 1 July, yes, Deputy President.

PN20

THE DEPUTY PRESIDENT: Okay. The agreement will come into effect on 1 July 2003 and remains in force for a period of three years from that date. That agreement is hereby certified. Well done, it is an excellent agreement and I am confident it will work well. A signed copy will be made available as soon as we can find the paper to copy it to. So, the agreement is hereby certified. Thank you, gentlemen.

PN21

MR HUNT-SHARMAN: Yes, Deputy President, if I could just make one other request?

PN22

THE DEPUTY PRESIDENT: Yes.

PN23

MR HUNT-SHARMAN: Accepting the document is certified, whether we could adjourn this meeting to allow us to look at those other issues that have crossed over into this certified agreement and also discuss with you the implementation phases and so forth.

PN24

THE DEPUTY PRESIDENT: Of what, the outstanding matters or some of the terms of the agreement?

PN25

MR HUNT-SHARMAN: Some of the terms of the agreement as well, yes.

PN26

THE DEPUTY PRESIDENT: All right. So, what are you proposing? That we have a Board of Reference meeting in the near future?

PN27

MR HUNT-SHARMAN: Yes, subsequent to this hearing, a Board of Reference, I think, at an early time, would be appropriate for the Board to focus on this agreement, the reviews in there, the priorities and the program of putting it in place and how they relate to the outstanding issues.

PN28

THE DEPUTY PRESIDENT: Yes, we do need to tie up those loose ends. I certainly agree with you there. Well, perhaps if we adjourn the proceedings for the purpose of the certification of the agreement and before we lose the videolink, if we just have a discussion as to dates etcetera. Okay, so I will adjourn the proceedings in respect to this application. Thank you.

ADJOURNED INDEFINITELY [3.42pm]