AG2003/2677, Transcript of Proceedings [2003] AIRCTrans 3510 (15 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 3930

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER MANSFIELD

AG2003/2677

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK
of the Act by Belgravia Leisure Pty Ltd
for certification of the Belgravia
Leisure Certified Agreement No 1 2003

MELBOURNE

9.30 AM, THURSDAY, 31 JULY 2003

Continued from 15.7.03

PN1905

THE COMMISSIONER: This is a matter which is a continuation of the hearing which was last on on 15 July. There is no change in appearances?

PN1906

MR K. HARVEY: I think I may have appeared on the last occasion with MS KEPPERT, but I am obviously appearing on my own today, Commissioner.

PN1907

MR P. O'GRADY: There is no change of appearance on this side of the table, Commissioner.

PN1908

THE COMMISSIONER: Thank you. Now, I understand there have been discussions between the parties since the last hearing, and you have got a report which is being made to the Commission.

PN1909

MR O'GRADY: We do, Commissioner. Yes. On the invitation that I think you made on the last occasion, Commissioner, there has been some discussions as between the ASU and Belgravia, and I am pleased to report that those discussions have brought about a resolution of the matter. That resolution has been reduced to writing by way of an agreement dated 28 July 2003, which is signed on behalf of both Belgravia and the ASU, and it records the terms of the resolution. I am happy to have a copy handed to you, Commissioner.

PN1910

THE COMMISSIONER: Thanks, Mr O'Grady.

PN1911

MR O'GRADY: In general terms you will see that the ASU have given certain undertakings in paragraph 2, and in return Belgravia gives certain undertakings as to the way in which it will deal with employees in respect of certain matters. The parties are happy for a copy of this document to be attached to the Commission file, if the Commission is comfortable with that, and otherwise it is simply incumbent upon the ASU to withdraw its application in accordance with the agreement.

PN1912

THE COMMISSIONER: Thank you, Mr O'Grady.

PN1913

MR O'GRADY: Thank you, Commissioner.

PN1914

THE COMMISSIONER: Mr Harvey?

PN1915

MR HARVEY: Yes, Commissioner. I can confirm what Mr O'Grady has said. The union has, as proposed by the Commission on the last occasion, had obviously very productive discussions with Belgravia Leisure about this matter, and the agreement which has been tendered by Mr O'Grady has been signed by a responsible official of the ASU, and on the basis of that agreement, and on the basis that it will be retained by the Commission on the Commission's file, the ASU is prepared to withdraw the application that was made on the last occasion under section 111(1)(f) of the Act for the revocation of the Commission's decision to certify the Belgravia Leisure Certified Agreement, and I do with draw that application on the basis of the agreement that has been reached between the parties, and I believe that it has been a satisfactory outcome for all parties concerned. If the Commission pleases.

PN1916

THE COMMISSIONER: Thank you, Mr Harvey. It is pleasing to the Commission that the parties have had discussions and you have been able to reach agreement on a number of issues which has led to the application of the ASU being withdrawn. It may be worthwhile observing that had those discussions occurred prior to the agreement being finalised, maybe this whole set of proceedings would not have been necessary. Now, I don't say that by way of criticism of any party, but just an observation for the next time the agreement is negotiated.

PN1917

The agreement will be placed on the file, as requested by the parties, and I would assume that the provisions of the agreement have been notified to the employees of Belgravia Leisure.

PN1918

MR O'GRADY: That is so, Commissioner. A copy of the relevant parts of the agreement will be circulated to all the centre managers.

PN1919

THE COMMISSIONER: Good, Mr O'Grady. Thank you for that. Does anybody else wish to put anything on the record.

PN1920

MR HARVEY: No, Commissioner.

PN1921

THE COMMISSIONER: No? Good. Well, well done, and this matter is adjourned.

ADJOURNED INDEFINITELY [9.35am]