AG2003/5640, Transcript of Proceedings [2003] AIRCTrans 3693 (22 August 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SMITH

AG2003/5640

APPLICATION FOR VARIATION OF
CERTIFIED AGREEMENT

Application under section 170MD(6) of the Act
by Disability Services Australia Ltd to vary the
Disability Services Australia Business Services
Division Employees Enterprise Agreement 2001

SYDNEY

2.40 PM, MONDAY, 11 AUGUST 2003

Adjourned sine die

PN1

THE COMMISSIONER: This is a joint application and I'll take appearances firstly from the union.

PN2

MS S. BENNETT: If the Commission pleases, I appear on behalf of the Australian Liquor, Hospitality and Miscellaneous Workers Union.

PN3

MS L. ROGERS: Commissioner, I am a solicitor and I'm appearing for what was a potential intervener in the application to set aside the agreement, that is, the Intellectual Disability Rights Service.

PN4

THE COMMISSIONER: You are a party to that agreement are you?

PN5

MS ROGERS: No, I'm not, Commissioner.

PN6

THE COMMISSIONER: So you're seeking leave to intervene in these proceedings.

PN7

MS ROGERS: Yes, I would be.

PN8

THE COMMISSIONER: All right, thank you.

PN9

MR T. CAPELIN: Commissioner, I am a solicitor and appearing for Disability Services Australia, and with me is MS V. LIPA, who is the Corporate Services Director of Disability Services Australia.

PN10

THE COMMISSIONER: All right, thank you. Is there any issue about the application for intervention or any objection to application for leave. Right, leave is granted in both cases. Now who wants to start?

PN11

MR CAPELIN: Commissioner, maybe it's me, it's our application. I'll be short. In fact, it's a joint application of both Disability Services Australia and the LHMU. Commissioner, I have nothing further to add than what is set out in the application, and the grounds also specified in the application, and I ask that you make the variation to the agreement that is sought in the application.

PN12

THE COMMISSIONER: Thank you.

PN13

MS BENNETT: I have nothing further to add and obviously as it is a joint application the union consents to the application.

PN14

THE COMMISSIONER: Thank you. Ms Rogers, do you wish to say anything, now is your chance.

PN15

MS ROGERS: We have no submission to make.

PN16

THE COMMISSIONER: I shall take those into consideration. This is an application to vary the Disability Services Australia Business Services Division Employees Enterprise Agreement 2001, pursuant to section 170MD(6) of the Workplace Relations Act, 1996. This is a joint application made by Disability Services Australia Limited and the Australian Liquor, Hospitality and Miscellaneous Workers Union.

PN17

The matter has some history and has been the subject of extensive conciliation before the Commission as currently constituted. The application before the Commission seeks to remove some uncertainty in the proper application of the agreement. Having the benefit of conciliating the matter between the parties I'm satisfied that the agreement and the application is well founded and that by varying the agreement in the manner sought it will add clarity and certainty to the proper application of the agreement. There is one remaining area, I think I'm correct in saying, and that relates to the work assessment tool.

PN18

MR CAPELIN: That's correct.

PN19

THE COMMISSIONER: Yes, there is one remaining area in relation to the work assessment tool and the parties are progressing that matter and given the constructive way in which the negotiations were adopted in conferences which led to this variation I'm content that agreement will not be too difficult to find. In any event if the parties seek the assistance of the Commission in further conciliation, when that matter is further examined, then I would be happy to convene a conference. About the agreement to remove to uncertainty, the variation to remove uncertainty, will be effective from the date of certification of the agreement.

PN20

MR CAPELIN: No, Commissioner.

PN21

THE COMMISSIONER: No? It was a question, from today?

PN22

MR CAPELIN: I think that would be suitable.

PN23

THE COMMISSIONER: From today. Yes, there's no ambiguity there was just some uncertainty and that's better resolved from today and I will issue an order accordingly. Thank you for your assistance. The matter is adjourned sine die.

ADJOURNED INDEFINITELY [2.45pm]