AG2003/2833, Transcript of Proceedings [2003] AIRCTrans 3248 (1 August 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BARTEL

AG2003/2833

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Haden FM Pty Limited (Holden-Elizabeth) for
certification of Resolve FM (Holden-Elizabeth)
Enterprise Agreement 2003

ADELAIDE

12.30 PM, THURSDAY, 17 JULY 2003

PN1

MR B. GRANTHAM: I appear on behalf of Haden FM Proprietary Limited trading as Resolve FM, of Business SA. I have with me Resolve FM's Facility Manager, MR G. NEKROUCHETS. pleases.

PN2

MR GEE: I appear on behalf of the Australian Manufacturing Workers' Union, B Division, representing the members employed by Resolve FM at the Holden site.

PN3

MR GRANTHAM: Commissioner, this represents the third agreement for this company and its respective employees engaged to perform work at Holden Limited site at Elizabeth. It covers some 27 employees. We rely on the sworn statements provided to the Commission from the company and the union and without regurgitating the entire details of the statutory declarations we say the following. The agreement, we say, clearly passes the no disadvantage test.

PN4

For your information, Commission, by way of example, the highest classification level under the award that the employees could legitimately be classified under is C11 which currently, subsequent to the recent National wage case decision, offers a weekly wage rate of $508.40. By comparison, the agreement offers for the lowest classification level possible, $584.15. We are pleased to be able to report that the workforce was unanimous in approving the agreement. The terms of the agreement were fully explained to the workforce on a number of occasions as we proceeded through the negotiations.

PN5

It went to a number of written debriefings of the negotiations and at least on two occasions there were full oral debriefings to the entire workforce there prior to the final vote being taken. The agreement contains a dispute settlement procedure found at clause 27. The agreement was made without coercion. The agreement specifies a nominal expiry date being midnight, 19 October 2005 found at clause 5 and Commissioner, unless there are any questions from you which we are very happy to answer, we commend the agreement to you for certification.

PN6

THE COMMISSIONER: Yes, just in terms of the business of Haden Proprietary Limited obviously it is involved in paint work associated with the Holden plant?

PN7

MR NEKROUCHETS: This is industrial cleaning services.

PN8

THE COMMISSIONER: Industrial cleaning, is it?

PN9

MR NEKROUCHETS: Yes, and some maintenance services.

PN10

THE COMMISSIONER: So the sorts of people covered by the agreement - - -

PN11

MR NEKROUCHETS: Industrial cleaners, we call them, industrial cleaners, yes.

PN12

THE COMMISSIONER: Who you say would otherwise be covered by the Metal Engineering and Associated Industries Award?

PN13

MR GRANTHAM: Yes, Commissioner. The award clearly indicated that it covers the industries, and I'm referring to schedule A, industries covered by awards of the Metal Engineering and Associated Industries Award 1998 and all industries allied thereto at section 50 of a list of industries covered by the award. It states:

PN14

Making, repairing, reconditioning and maintenance of motor engines and/or parts thereof and of mechanical and electrical parts including the transmission and chassis of motor cars, motor cycles and other motor driven vehicles.

PN15

Further, at section 51: the making of metal motor body parts. We say that if we are talking about the industries of and/or industries allied to, we say that that work would be covered by the Federal award of which the company is a respondent to. Further, can I add too that the employees prior to being engaged by Haden FM Proprietary Limited were engaged by Holden Limited themselves under a Federal award which I think is the Vehicle - - -

PN16

MR GEE: It is the Holden Consolidated Award 1998.

PN17

MR GRANTHAM: Sorry, yes. Now, Haden FM Proprietary Limited are not a named respondent to that award but they are to - or they are a respondent to the Federal Metal Engineering and Associated Industries Award 1998.

PN18

THE COMMISSIONER: Thank you. Yes, Mr Gee, did you want to say anything further.

PN19

MR GEE: Commissioner, I pretty much agree with all the comments made by my colleague. It was a unanimous decision to accept the agreement and I believe it complies with all the provisions of the Act and I'm more than happy to see the agreement certified today and I will enjoy reporting that back to our membership.

PN20

THE COMMISSIONER: Thanks, Mr Gee. Yes, on the basis of the statutory declarations which I have looked at and the content of the proposed agreement I'm satisfied that the application meets the statutory requirements. Therefore, pursuant to section 170LT of the Act, I approve the application by Resolve FM pursuant to section 170LJ of Division 2 of the Act for certification of the Resolve FM Holden Elizabeth Enterprise Agreement 2003.

PN21

In particular, I'm satisfied that the agreement meets the no disadvantage test, that it was approved by a valid majority of employees who genuinely consented to the making of the agreement. That it contains a dispute settling procedure as required by the Act and that the term of the agreement is not in excess of the maximum prescribed by the Act. The agreement will be binding on the parties as set out in clause 3 and 4 of the agreement being haden FM Proprietary Limited trading as Resolve FM, the Australian Manufacturing Workers' Union and employees covered by the agreement as set out in the classifications in the classification structure which I understand are classifications covered by the parent award. The agreement will operate from to day's date being 17 July 2003 and will have a nominal expiry date of 30 October 2005 and a certificate will be issued to the parties in due course. There's nothing further?

PN22

MR GRANTHAM: Can I just check the nominal expiry date there with you, Commissioner, I believe it is actually midnight, 19 October, yes, found at clause 5 of the agreement.

PN23

THE COMMISSIONER: Yes, quite right. Yes, so if that could be recorded on transcript that I was in error before. The agreement will operate from 17 July 2003 and will have a nominal expiry date of midnight on 19 October 2005. Yes, thank you for that.

ADJOURNED INDEFINITELY [12.43pm]