AG2003/5452, Transcript of Proceedings [2003] AIRCTrans 3138 (22 July 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 3639

~~AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2003/5452

APPLICATION FOR CERTIFICATION
OF AGREEMENT WITH ORGANISATIONS
OF EMPLOYEES (DIVISION 2)

Application under section 170LJ of the Act
by Construction, Forestry, Mining and Energy
Union-FFPD-Vic FFTS Branch and Another for
certification of the Hakea Glass (Vic) Pty Ltd
Enterprise Bargaining Agreement 2003

MELBOURNE

1.24 PM, WEDNESDAY, 9 JULY 2003

PN1

MR R. LOWE: I appear on behalf of the Construction, Forestry, Mining and Energy Union.

PN2

MR D. BLANKSBY: I appear for the Glass and Glazing Association of Victoria on behalf of Hakea Glass.

PN3

THE SENIOR DEPUTY PRESIDENT: Mr Lowe?

PN4

MR LOWE: Your Honour, before I go into the submissions in respect of this particular document, I was contacted by your associate relating to clauses in a number of the glass agreements, which is a common clause which requires the employers to sign a deed of adherence in respect of C Plus Bus and Incolink. I received instructions from our administrative staff that in respect of the variation to the deed of adherence for C Plus Bus, there was delay in the document being sent to the employers because the new rates weren't included in the deed of adherence at that time, it was the old rates that were initially signed and had to be returned.

PN5

I am advised that since that deed of adherence has been forwarded to employers, they have been signed and returned to the office, and they have been forwarded on to C Plus Bus, and likewise as soon as the forms have been received in respect of Incolink, those documents have been forwarded to Incolink. I would like to provide your Honour with copies of the documents which are signed by all the employers in the glass industry which have this particular clause in the agreement, your Honour.

EXHIBIT #CFMEU1 C PLUS BUS VARIATION TO DEED OF ADHERENCE

EXHIBIT #CFMEU2 INCOLINK SCHEDULE 1

PN6

MR LOWE: Thank you, your Honour. Your Honour, this agreement was made by the parties pursuant to section 170LJ of Division 2 of the Workplace Relations Act. The agreement and statutory declarations were lodged with the Registry on 13 June 2003. The statutory declarations were signed by Leo Skourdoumbris, Branch Secretary of the union, and Mr Wayne McLachlan, the Managing Director of the company. The award which underpins this agreement is the Glass Merchants and Glazing Contractors General (Victoria) Award 1997.

PN7

There are seven employees covered by the agreement, and of those seven, two are specified employees both from a non English speaking background. The employees had the agreement for a period of 14 days prior to a meeting which was held on 3 June, and the employees were taken through the agreement clause by clause by the union, and the organisers concerned made sure that the people from a non English speaking background understood fully the terms of the agreement, and any questions raised by the members were answered to their satisfaction.

PN8

The agreement was endorsed by a valid majority of those members, and the union would submit, your Honour, that the agreement passes the no disadvantage test, and as required has a disputes procedure at clause 26, a nominal expiry date of 30 September 2005. The making of the agreement finalises the bargaining notice period 2003/1221. The agreement was lodged with the Commission on time, and therefore the union would submit that the requirements of the Act and the rules and regulations of the Commission have been met, and that the Commission should certify the agreement as sought. If the Commission pleases.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Blanksby?

PN10

MR BLANKSBY: Thank you, your Honour. The matter in relation to Hakea Glass, the agreement has been shown to the employees for the required amount of time, and the no disadvantage test is well met. As regards to the C Plus Bus amounts, they are actually mentioned in the agreement as such, and marry with the copies of the documentation and the variation to the deed, as is the Incolink amounts, and the company concurs to the certification of the agreement. If your Honour pleases.

PN11

THE SENIOR DEPUTY PRESIDENT: I will attach the CFMEU1 and 2 to the agreement. Having regard to the material contained on the file in this matter, and also the submissions put to me, I am satisfied that I should certify the agreement known as the Hakea Glass (Vic) Pty Ltd Enterprise Bargaining Agreement 2003. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations. The certification of the agreement will come into force from today's date and remain in force until 30 September 2005.

ADJOURNED INDEFINITELY [1.29pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #CFMEU1 C PLUS BUS VARIATION TO DEED OF ADHERENCE PN6
EXHIBIT #CFMEU2 INCOLINK SCHEDULE 1 PN6