AG2003/2826, Transcript of Proceedings [2003] AIRCTrans 3112 (21 July 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

AG2003/2826

APPLICATION FOR VARIATION OF
CERTIFIED AGREEMENT

Application under section 170MD of the Act
by Adelaide Hills Council and Another to
vary the Adelaide Hills Council Office
Enterprise Development Agreement 2001,
No 3, re clause 4.6

ADELAIDE

2.00 PM, TUESDAY, 8 JULY 2003

PN1

MS M. SUTHERLAND: I appear with D. O'LAUGHLIN on behalf of the Adelaide Hills Council.

PN2

MR D. PAYNE: I appear on behalf of the Australian Services Union.

PN3

THE SENIOR DEPUTY PRESIDENT: Ms Sutherland?

PN4

MS SUTHERLAND: Thank you, Commissioner. This agreement comes before you following an application under section 170MD of the Workplace Relations Act. This is a variation of our current Adelaide Hills Council Office Enterprise Development Agreement 2001, number 3. This clause will come into effect once certified by the Commission and until the nominal expiry date of 30 June 2004. As stated in the statutory declaration, this clause variation covers all library employees except casuals employed by the Council. This change was sought to meet the changing needs of the library and demands on the workplace. This agreement was developed, discussed and agreed between the staff, union representatives and the ASU Industrial Officer.

PN5

The change was explained and discussed with staff across the organisation. Copies of the clause were distributed to employees and employees covered retrospectively by the agreement have agreed to the terms and conditions of the clause variation. Just some finer detail on the voting side of things. The clause was sent out on 13 May so that employees had a copy of that to view and on 3 June employees were advised how to vote and the process for voting and the actual voting took place by ballot on 4 and 5 June.

PN6

THE SENIOR DEPUTY PRESIDENT: Ms Sutherland, you mentioned retrospective arrangements. What did you mean by that?

PN7

MS SUTHERLAND: Under the - sorry, no, I didn't mean to confuse you. They are in our statutory declaration. In our statutory declaration it says that all employees covered retrospectively by the agreement have agreed to the terms and conditions of the agreement. So I was just referring to the statutory declaration to say that all of the employees covered by the agreement have agreed to it. There isn't any retrospective conditions to it.

PN8

THE SENIOR DEPUTY PRESIDENT: I see, yes. It is employees covered respectively by the agreement, yes.

PN9

MS SUTHERLAND: Right, yes. Thank you.

PN10

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Payne?

PN11

MR PAYNE: Thank you, Senior Deputy President. I haven't much further to add, sir, except that the ASU supports Ms Sutherland's submissions and the application before the Commission today. Also, Senior Deputy President, we believe the variation and the application meets the relevant requirements of the Act and has endorsement from a majority of the employees, subject to the variation. As Ms Sutherland indicated, that this variation is a replacement clause for clause 4.6 of the original - well the Adelaide Hills Council Office Enterprise Development Agreement 2001 No 3 and the variation, sir, in clause 1.2, 1.3, 1.4, 1.5, 1.6 and 1.7 are virtually met.

PN12

Well, they are exactly the same as clauses in the enterprise agreement. The significant change is in clause 1.1 whereby the employees and Council have agree that they would go back to applying the provisions of the award with respect to the penalties for out of hours work, sir, except for the award provision has that the penalty rates would apply from 5 pm. The employees and the Council have agreed that that would remain at 6 pm before that came into play. That is all I have to say with regards to the application, sir, and we would be seeking the Commission approves the variations.

PN13

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Payne. I will vary the agreement in accordance with section 170MD(2). The variation will be in accordance with the proposal outlined in the application which I understand was endorsed by the employees affected by it. The variation will come into effect from today and will apply until 30 June 2004 which is the nominal expiry date of the agreement in question. The advice giving effect to this variation will be forwarded out to the parties within the next few days. I will adjourn the matter on that basis.

ADJOURNED INDEFINITELY [2.05pm]