AG2003/5806, Transcript of Proceedings [2003] AIRCTrans 3504 (15 August 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 3954

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2003/5806

APPLICATION FOR AGREEMENT ABOUT
INDUSTRIAL DISPUTE (DIVISION 3)

Application under section 170LS of the Act
by Gerrard Signode Pty Ltd and Others for
certification of the Gerrard Signode Pty
Ltd (Derrimut) Certified Agreement 2003

MELBOURNE

11.07 AM, THURSDAY, 31 JULY 2003

PN1

MR G. PELS: I appear for the Australian Industry Group on behalf of our member, Gerrard Signode Proprietary Limited.

PN2

MR C. WINTER: I appear for the Australian Workers Union.

PN3

MS R. JASTRZEBSKI: I appear for the Australian Manufacturing Workers Union.

PN4

THE SENIOR DEPUTY PRESIDENT: Mr Pels.

PN5

MR PELS: Your Honour, this is an application made under Division 3 of Part VIB of the Act, the terms of the agreement were reached between the company and the AMWU and the AWU on behalf of employees covered by tef Metal Industry Award, and we seek the Commission to exercise its discretion under section 111(1)(r) of the Act to extend the 21 day limit. The Commission will have noted that the Agreement was approved by employees on 11 June but not filed until 3 July, one day late I think that makes it, your Honour.

PN6

And the delay occurred because not all AMWU documentation was completed on time, and the company had to lodge its documents by 3 July, but I can advise that there is no substantive change to the workforce during that time, your Honour. The parties have declared statutory declarations which we believe meet all the requirements of the Act regulation and rules. I understand the AMWU has to respond, for their documentation. The Agreement, we submit, does not disadvantage the employees covered by it. The valid majority approved the Agreement on 11 June, and had access to the Agreement and explanation of the terms in accordance with the Act.

PN7

It contains a dispute settlement procedure at clause 13, and the Agreement will expire on 30 September 2005. We therefore the Commission certify the Agreement in the terms sought effective from today's date.

PN8

THE COMMISSIONER: Mr Winter.

PN9

MR WINTER: Thank you, your Honour. In relation to this Agreement, the AWU supports the submissions made by the employer representative in relation to the Agreement. The AWU has participated in the negotiations thoroughly, they have attended four or five meetings with both delegates and organisers. There are 33 employees at the factory concerned. As Mr Pels outlined, all employees were given access to copies of the Agreement, and a vote was taken in relation to the Agreement, and the overwhelming majority of employees support the certification of the Agreement. And we would seek certification from today's date if the Commission pleases.

PN10

MS JASTRZEBSKI: Your Honour, the AMWU has not provided the relevant documentation because we wish to be removed from this Agreement as a party. The Agreement does not meet a number of policy requirements that the Union has at present, and our organiser was not involved in any of the negotiations. That is - - -

PN11

THE SENIOR DEPUTY PRESIDENT: Okay. So you didn't have anyone involved in negotiations and - - -

PN12

MS JASTRZEBSKI: No, we did not.

PN13

THE SENIOR DEPUTY PRESIDENT: - - - you don't want to be a party to it?

PN14

MS JASTRZEBSKI: No, we don't.

PN15

THE SENIOR DEPUTY PRESIDENT: Have you got anything to say about that, Mr Pels?

PN16

MR PELS: Yes, your Honour. As long as the AMWU members are covered by tef Agreement, if the AMWU wishes to be deleted from the respondency we have no objection. Obviously the Agreement will still cover those employees covered under the Metal Industry Award, which will include AMWU members, but apart from being deleted, no, we have no objection, your Honour.

PN17

THE SENIOR DEPUTY PRESIDENT: I will delete the AMWU from the parties bound clause to the Agreement, and they should also be deleted from any other references within the Agreement. Well having regard to the material contained on the file in this matter, and the submissions put to me, I am satisfied I should grant the necessary extension of time for the lodgement of the application in this matter. I am also satisfied I should certify the Gerrard Signode Proprietary Limited (Derrimut) Certified Agreement 2003. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations.

PN18

The certification of the Agreement will come into force from today's date, and remain in force until 30 September 2005. I will adjourn briefly.

ADJOURNED INDEFINITELY [11.13am]