AG2003/5860, Transcript of Proceedings [2003] AIRCTrans 3525 (15 August 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 3961
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2003/5860

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by the Construction, Forestry, Mining and
Energy Union-FFPD-Vic FFTS Branch and
Another for certification of the Jamist
Designer Homes Pty Limited Enterprise
Bargaining Agreement 2003

MELBOURNE

12.16 PM, THURSDAY, 31 JULY 2003

PN1

MR R. LOWE: I appear for the CFMEU.

PN2

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes, Mr Lowe.

PN3

MR LOWE: Your Honour, before I go onto my submissions in respect of the certification of this agreement there has been an application lodged by the union under section 170XF(2) of the Act for the determination of a designated award. I would like to hand up two documents in respect of that, your Honour, if I may.

PN4

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes.

PN5

MR LOWE: The first document, your Honour, is the original of an application signed by the secretary of the union. The document that was lodged at the Registry was signed by myself on its behalf. The second document is extracts from the Furnishing Trades Award, your Honour. This company is involved in the manufacture and installation of kitchen cabinets and I would refer the Commission to the second page of the document I have handed up in clause 6, coverage of the award. And in 6.1.1 it provides for:

PN6

...wholly or partly preparing, packing, manufacturing, repairing or fixing any article of furniture including building furniture.

PN7

And then over the page in clause 6.1.11 the award provides for:

PN8

...display and fixing or repairing in a building or shop display units, cabinets, shop fittings and furnishings for shops, offices, banking chambers, churches, courtrooms and the like and private houses.

PN9

The union would submit, your Honour, that the appropriate award to underpin this agreement should be the Furnishing Industry National Award, if the Commission pleases.

PN10

THE SENIOR DEPUTY PRESIDENT: Do you want to talk about the agreement as well?

PN11

MR LOWE: Yes, your Honour. This agreement has been made by the parties pursuant to division 3 of the Workplace Relations Act, section 170LS. The agreement and statutory declarations were lodged with the Registry on 7 July 2003. Statutory declarations were signed by Mr Skourdoumbis on behalf of the union and Mr Baker, a partner of the company. The award which we would hope to have underpin the agreement is the Furnishing Industry National Award. There are two employees covered by the agreement and none of those employees are specified employees of the Act.

PN12

The employees had access to the agreement for a period of 14 days prior to a meeting which was held on 17 June. After being taken through the document by the organiser who answered any questions they raised the agreement was unanimously endorsed. The union would submit, your Honour, that the agreement will meet the no disadvantage test. There is a disputes procedure at clause 30 of the agreement. It has a nominal expiry date of 28 February 2006. I would like to hand up two documents, your Honour. They relate to corrections in the agreement. I will hand up two pages of each.

PN13

The first page is a wage schedule in clause 12.10 and in the part of the schedule that deals with the production employees in the percentage increase that was shown from March 2004 and March 2005 was incorrect and so those changes were made. There were no changes required to the rates, it was just a typing error. And the second document - the second page that I have handed up deals with the issue of labour hire contract of services and outsourcing. And there has been a change to dot point 6 of that clause which now reads:

PN14

The union party to this agreement shall be a representative of the labour hire firm employees working at the company site.

PN15

The agreement, when it was initially made by the parties, provided for exclusive representation of the CFMEU and the Commission has advised on a number of occasions that that is not acceptable so that change has been made. The changes have been raised with the employees and with the employer and supported, your Honour, and I have provided a letter regarding that to yourself. The union would submit, your Honour, that the agreement was lodged on time, that the requirements of the Act have been met and that the Commission should certify the agreement as sought. If the Commission pleases.

PN16

THE SENIOR DEPUTY PRESIDENT: I will go into conference.

SHORT ADJOURNMENT [12.26pm]

RESUMED [12.32pm]

PN17

THE SENIOR DEPUTY PRESIDENT: In this matter, having regard to the submissions that have been put to me I am satisfied that the appropriate award for the purpose of the no disadvantage test in this matter is the Furnishing Industry National Award 1999 and I so determine. In respect of the agreement I am satisfied that I should certify the Jamist Designer Homes Enterprise Bargaining Agreement 2003. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations. Certification of that agreement will come into force from today's date and remain in force until 28 February 2006.

ADJOURNED INDEFINITELY [12.37pm]