AG2002/6212, Transcript of Proceedings [2003] AIRCTrans 317 (3 February 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

AG2002/6212

APPLICATION FOR CERTIFICATION
OF GREENFIELDS AGREEMENT

Application under section 170LL of the
Act by Royal Flying Doctor Service of
Australia (South Eastern Section) and
Another for certification of the Royal Flying
Doctor Service of Australia (South-Eastern
Section) (Mascot) Engineers Agreement 2003

SYDNEY

9.58 AM, WEDNESDAY, 15 JANUARY 2003

PN1

THE COMMISSIONER: Yes, if we could have the appearances please.

PN2

MS R. BERNASCONI: If it please the Commission I seek leave to appear on behalf of the Royal Flying Doctor Service of Australia South-Eastern Section in that matter.

PN3

MR C. RYAN: Commissioner, I appear for the Australian Licensed Aircraft Engineers Association and with me today is, MR D. KEMP, and I have no objection to Ms Bernasconi appearing in this matter.

PN4

THE COMMISSIONER: Thank you, leave is granted. Now, who wants to go first, Ms Bernasconi?

PN5

MS BERNASCONI: Thank you, Commissioner. This is an application by the RFDS for certification of a Greenfields Agreement between the RFDS and the ALAEA pursuant to section 177LL of the Act. The agreement was negotiated between the parties and was made on 18 December 2002. It is to apply to the operational part of a new business which the RFDS has established at Mascot for the provision of services to the Ambulance Service of New South Wales and it applies to engineers and the new business is to commence on 1 January 2003.

PN6

I am instructed that there are 10 engineers who have been offered employment with the RFDS at the Mascot base commencing on 1 January on the terms and conditions contained in the agreement subject to its certification. We rely on the statutory declarations of Laurence Chapman on behalf of the RFDS and Chris Ryan on behalf of the ALAEA in support of the application. We submit that the agreement complies with the relevant requirements of the Act and that it should be certified. Unless you require me to go into anything else, Commissioner, those are my submissions, if it please the Commission.

PN7

THE COMMISSIONER: Yes, thank you. Mr Ryan?

PN8

MR RYAN: Commissioner, we don't have too much further in detail to add to what Ms Bernasconi said. Suffice to say that we support the application that has been made in this matter and we would submit that the materials previously supplied by both the Australian Licensed Aircraft Engineers and the Royal Flying Doctor Service in support of the application addresses the requirements of the legislation in the terms set out within the documentation. We therefore support the application made by the Royal Flying Doctor Service and seek that the agreement be certified.

PN9

THE COMMISSIONER: Yes, thank you. This is an application to have made an agreement that is to be known as, The Royal Flying Doctor Service of Australia (South-Eastern Section) (Mascot) Engineers Agreement 2003. The parties to the agreement are the RFDS and the Australian Licensed Aircraft Engineers Association. This agreement in fact is a Greenfields Agreement made pursuant to section 170LL. On the basis of the submissions and the documentation the Commission is satisfied the relevant requirements of the Act and that the Rules of the Commission have been complied with.

PN10

Consequently the agreement will be certified and will come into force from 15 January 2003 and will remain in force until 31 December, 2004. On that basis these proceedings are now adjourned.

ADJOURNED ACCORDINGLY [10.02am]