AG2003/5789, Transcript of Proceedings [2003] AIRCTrans 3442 (13 August 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 4127

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2003/5789

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Transport Workers' Union of Australia and
Others for certification of the AAT Kings
Melbourne Drivers Enterprise Agreement 2003

MELBOURNE

2.13 PM, TUESDAY, 15 JULY 2003

PN1

THE COMMISSIONER: Mr Zugrugia appears for AAT Kings and Ms Doody appears for the Transport Workers' Union. Yes, Ms Doody.

PN2

MS P. DOODY: Commissioner, if I could just point out before I go on with each application that each application before you this afternoon is out of time.

PN3

THE COMMISSIONER: Yes, the Commission is aware and the Commission has already made a decision without hearing submissions that the time for lodging the process is extended.

PN4

MS DOODY: Thank you, Commissioner. 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 the Act. All of the requirements of the Act, regulation and rules of the Commission have been met in the making of this agreement, except in relation to section 170LM. I have been instructed however that there has been no change in the composition of the workforce since the date of the vote.

PN5

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. It contains a dispute settlement procedure at clause 13 of the agreement and contains a nominal expiry date of two years from certification at clause 4 of the agreement. In relation to the no disadvantage test the agreement is underpinned by the Transport Workers Passenger Vehicles Award 2002.

PN6

We submit therefore that the agreement meets the requirements of the Act and seek certification from today's date in the terms sought. Thank you, Commissioner.

PN7

THE COMMISSIONER: Yes, thank you. Mr Zugugria.

PN8

MR ZUGUGRIA: I have nothing further to add.

PN9

THE COMMISSIONER: Stand up.

PN10

MR ZUGUGRIA: Sorry. Yes, look, I agree with you, yes, it does meet the requirements and there is nothing further. Thank you.

PN11

THE COMMISSIONER: All right, thanks very much. This agreement shall be known as the AAT Kings Melbourne Drivers Enterprise Agreement 2003. Pursuant to section 170LT of the Workplace Relations Act 1996 the Commission certifies the said agreement. The agreement comes into force from 15 July 2003 and will remain in force until 14 July 2005. As I have already said on the record, the time for lodging is extended. Thank you.

ADJOURNED INDEFINITELY [2.15pm]