AG2003/6330, Transcript of Proceedings [2003] AIRCTrans 3454 (14 August 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 3896

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2003/6330

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Transport Workers Union of Australia -
Victorian/Tasmanian Branch and Others for
certification of the FBT Operations (Vic)
Pty Ltd Enterprise Agreement 2003

MELBOURNE

11.05 AM, TUESDAY, 29 JULY 2003

PN1

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

PN2

MR P. McGREGOR: I appear on behalf of FBT Operations.

PN3

THE COMMISSIONER: Thank you. Yes, Ms Doody.

PN4

MS DOODY: If the Commission pleases, 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. 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.

PN5

The terms of the agreement were appropriately explained to those employees. It contains a dispute settlement procedure at clause 11 of the agreement and I would like to direct you, Commissioner, to the TWUs statutory declaration which actually states at point 7.7 of the stat dec that the nominal expiry date of the agreement is 30 June 2003. However, the agreement at clause 3 actually states that the nominal expiry date of the agreement is 30 June 2006.

PN6

THE COMMISSIONER: Thank you.

PN7

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

PN8

THE COMMISSIONER: Yes, thank you. Mr McGregor.

PN9

MR McGREGOR: We agree.

PN10

THE COMMISSIONER: This is an agreement between the Transport Workers Union of Australia and FBT Operations Vic Pty Limited, to be known as the FBT Operations (Vic) Pty Limited Enterprise Agreement 2003. The Commission is satisfied that the agreement before it meets the requirements of the Act and is filed in accordance with the rules of the Commission.

PN11

Accordingly, the Commission certifies the said agreement. The agreement should come into force from today's date, 29 July 2003, and shall remain in force until 30 June 2006. The Commission is adjourned.

ADJOURNED INDEFINITELY [11.07am]