AG2003/5741, Transcript of Proceedings [2003] AIRCTrans 3439 (13 August 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 4125

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2003/5741

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Transport Workers' Union of Australia and
Another for certification of the Pioneer
Melbourne Metropolitan Area Truck Driver
Enterprise Agreement 2003/4/5

MELBOURNE

2.15 PM, TUESDAY, 15 JULY 2003

PN1

MS P. DOODY: I appear on behalf of the Transport Workers' Union of Australia.

PN2

MR C. SMALE: I seek leave to appear as counsel in this matter for Pioneer Construction Materials.

PN3

THE COMMISSIONER: I am sure there is no objection, Mr Smale. Leave is granted. Ms Doody.

PN4

MS DOODY: This is an application made under division 2 of part VIB of the Workplace Relations Act 1996 for the certification of an agreement made under section 170LJ of that Act. All of the requirements of the Act, regulation and rules of the Commission have been met in the making of this agreement, again except in relation to section 170LM. The agreement meets the requirements of section 170LT of the Act in that it passes the no disadvantage test. It was genuinely approved by a valid majority of relevant employees. The terms of the agreement were appropriately explained to those employees.

PN5

It contains a dispute settlement procedure at clause 35 of the agreement. The agreement runs from certification until 31 December 2004, although it may be extended by agreement until 31.12.2005. In relation to the no disadvantage test the agreement is underpinned by the Transport Workers Mixed Industries Award 2002. We submit therefore that the agreement meets all of the requirements of the Act and seek certification from today's date in the terms sought. Thank you, Commissioner.

PN6

THE COMMISSIONER: Yes, thank you. Mr Smale.

PN7

MR SMALE: Thank you, Commissioner. I am instructed to support the application for certification.

PN8

THE COMMISSIONER: Yes, thank you. The Commission extends the time for lodging, as required under section 170LM. This agreement shall be known as the Pioneer Melbourne Metropolitan Area Truck Driver Enterprise Agreement 2003/4/5. Pursuant to section 170LT of the Workplace Relations Act 1996 the Commission certifies the said agreement. The agreement comes into force from today's date, 15 July 2003 and will remain in force until 31 December 2004. Thank you.

ADJOURNED INDEFINITELY [2.17pm]