AG2003/5545, Transcript of Proceedings [2003] AIRCTrans 3069 (17 July 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 3569

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2003/5545

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by the Transport Workers' Union of Australia
and Another for certification of the
BP Darwin Airport Operators Agreement 2003

MELBOURNE

10.18 AM, FRIDAY, 4 JULY 2003

PN1

MS P. DOODY: I appear on behalf of the Transport Workers' Union.

PN2

MR W.R. ANDERSON: I appear on behalf of BP Australia Limited.

PN3

THE COMMISSIONER: Thanks, Mr Anderson. Yes, Ms Doody?

PN4

MS DOODY: If the Commission pleases, this is an application made under Division 2 of part VIB of the Workplace Relations Act 1996 for the certification of an agreement made under section 170LJ of that Act. All of the requirements of the Act, regulations and rules of the Commission, have been met in the making of this Agreement. The Agreement meets the requirements of section 170LT of the Act in that it passes the no disadvantage test. It was genuinely approved by a valid majority of relevant employees. The terms of the Agreement were appropriately explained to those employees.

PN5

It contains a dispute settlement procedure at clause 9 of the Agreement and contains a nominal expiry date of 31 May 2006 at clause 3.4 of the Agreement. In relation to the no disadvantage test, the Agreement is underpinned by the Transport Workers' (Oil Companies) Award 1998. We submit therefore that the Agreement meets the requirements of the Act and seek certification from today's date in the terms sought. Thank you, Commissioner.

PN6

THE COMMISSIONER: Thanks, Ms Doody. Sir?

PN7

MR ANDERSON: Commissioner, I don't believe I have anything further to add. That was a very comprehensive summary. If the Commission pleases.

PN8

THE COMMISSIONER: Okay. It is nice when parties agree. The Commission is satisfied the Agreement before it meets the requirements of the Workplace Relations Act and the rules of the Commission so accordingly I will certify it. This Agreement is to be known as the BP Darwin Airport Operators Agreement 2003. Pursuant to section 170LT of the Workplace Relations Act 1996 the Commission certifies the said Agreement. The Agreement comes into force from today's date, 4 July 2003 and remains in force until 31 May 2006. The Commission is adjourned. Have a nice weekend.

ADJOURNED INDEFINITELY [10.20am]