AG2003/5433, Transcript of Proceedings [2003] AIRCTrans 3039 (16 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 3536

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SMITH

AG2003/5433

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170MD(6) of the Act
by the Australian Taxation Office and Others
to vary the ATO (General Employees) Agreement
2002 to remove ambiguity

MELBOURNE

10.30 AM, WEDNESDAY, 2 JULY 2003

PN1

THE COMMISSIONER: I will take appearances. Mr James.

PN2

MR R. JAMES: I appear with MS D. DAVISON for the Commissioner of Taxation.

PN3

MS S. POWELL: I appear for the CPSU, and I also have a letter from Michael White.

PN4

THE COMMISSIONER: Yes, I have that on file, thank you. Mr McPhee.

PN5

MR R. McPHEE: I appear for the ASU.

PN6

THE COMMISSIONER: Thank you. Mr James.

PN7

MR JAMES: Thank you, Commissioner. Commissioner, as set out in our notice dated 6 June, there are a number of variations we are seeking to the agreement and these are based on discussions at an ATO union forum set up to implement the agreement, the Agency Agreement Implementation Group, and they are set out in the attachment to the form R36.

PN8

THE COMMISSIONER: Yes.

PN9

MR JAMES: And, Commissioner, I don't know whether you wish me to go through those individually which I can do and briefly explain why we are seeking that variation but generally it is to seek to remove some ambiguities and uncertainties we feel are present in the agreement.

PN10

THE COMMISSIONER: All right. We will just go off the record for a moment.

OFF THE RECORD

PN11

THE COMMISSIONER: No, I have read the attachment and I am satisfied that they are all self explanatory, thank you, Mr James.

PN12

MR JAMES: Thank you, Commissioner.

PN13

THE COMMISSIONER: Ms Powell.

PN14

MS POWELL: Commissioner, I don't have anything to add to the submission of Mr James and we support the amendments as proposed and they do remove ambiguity and uncertainty which was brought to our attention by members through the course of trying to implement some of the clauses in the agreement. They were unsure which applied, whether it was the clause name or the number and so we are trying to remove that uncertainty so that - - -

PN15

THE COMMISSIONER: Yes, thank you.

PN16

MS POWELL: - - - members are sure what does apply. Thank you.

PN17

THE COMMISSIONER: Mr McPhee.

PN18

MR McPHEE: Yes, we support the application as well.

PN19

THE COMMISSIONER: Thank you, Mr McPhee. Well, this is an application to vary the ATO (General Employees) Agreement 2002 pursuant to section 170MD(6) of the Workplace Relations Act to remove some uncertainty as to the operation of the agreement. The uncertainty arises in relation to a number of clauses and may be summarised briefly as either errors in numbering and/or inconsistencies within clauses. I am satisfied that uncertainty arises in relation to these matters in accordance with the Act and I will vary the agreement in the manner sought. The agreement will be varied from today. Thank you very much. The matter is now adjourned sine die.

ADJOURNED INDEFINITELY [10.34am]