AG2003/6202, Transcript of Proceedings [2003] AIRCTrans 3382 (11 August 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 3832

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2003/6202

APPLICATION FOR VARIATION OF
CERTIFIED AGREEMENT

Application under section 170MD(2) of the
Act by Caroma Industries Ltd to amend
clauses 12.1 and 21.3

MELBOURNE

10.00 AM, THURSDAY, 24 JULY 2003

PN1

THE COMMISSIONER: The Commission has been informed by the CFMEU that the official responsible, unfortunately, is in another place today and they support the making of the agreement. Mr Abrams.

PN2

MR P. ABRAMS: Commissioner, the intent of the variation is, in the main, to obtain the flexibility to allow a reduction of the meal break and hence an earlier knock-off time for employees. This was an initiative of the employees assented to by the company and then we went through the formal process of varying the agreement. The implementation requires the consent of the employees and we, therefore, believe that it does not result in any disadvantage to those employees.

PN3

The trainee rates, which are also attached to the agreement, are an interpretation of the provisions of the agreement and are there for the convenience of the parties and are also agreed. We believe the application and the process followed by the parties meets the requirements of section 170MD(3) and we refer the Commission to the statutory declaration of Neil Dow filed with the application. I don't know if you want me to go to those clauses in particular.

PN4

THE COMMISSIONER: No, not particularly, Mr Abrams. The Commission has read the file at length.

PN5

MR ABRAMS: We would then ask for an order varying the agreement as sought. If the Commission pleases.

PN6

THE COMMISSIONER: Yes. Thanks very much. Firstly, the Commission congratulates the parties on being able to reach an agreement to change things, which will not disadvantage people but will be, probably at the end of the day, the best outcome for the operations between the parties and to the company's benefit, as well as the employees'. Accordingly, the Commission varies the agreement in the terms of the order before it. The orders will come into force from today's date, 24 July 2003, and remain in force until 10 December 2005. Thank you. The Commission is adjourned.

ADJOURNED INDEFINITELY [10.04am]