AG2003/6420, Transcript of Proceedings [2003] AIRCTrans 3698 (22 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 4119

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HINGLEY

AG2003/6420

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
for certification of the Britannia Metal
Industries Pty Limited Certified Agreement
2003

MELBOURNE

12.35 PM, MONDAY, 11 AUGUST 2003

PN1

MR J. HOY: I appear for the Australian Industry Group on behalf of Britannia Metal Industries Pty Limited. With me I have MR M. SOLOMON from the company and MR P. BARLEY representing the employees.

PN2

THE COMMISSIONER: Thank you. Yes, Mr Hoy.

PN3

MR HOY: Commissioner, this is an application made under division 2 of part VIB of the Act for certification of an agreement made in accordance with section 170LK. The terms of the agreement were reached between the company and the employees as described in clause 4 of the agreement. The parties have prepared and submitted statutory declarations which we believe meet all the requirements of the Act, regulations and rules of the Commission.

PN4

The agreement does not disadvantage employees covered by it. I refer to item 6.3 of the statutory declaration. A valid majority of employees genuinely approved the agreement on 4 July. Access to the agreement and an explanation of the terms of the agreement occurred in an appropriate manner. It contains a dispute settlement procedure at clause 7. The period of operation is set out in clause 5 where it states the agreement will expire on 30 June 2006.

PN5

A notice was issued to employees on 19 June indicating the company intended to enter into a certified agreement and advised employees that if they were a member of the union, they were able to request the union to meet and confer with the company about the agreement during the period leading up to the vote and I will hand up a copy of that notice, Commissioner.

PN6

THE COMMISSIONER: Thank you.

EXHIBIT #BM1 NOTICE DATED 19/06/2003

PN7

MR HOY: Thank you.

PN8

THE COMMISSIONER: Actually, avoidance of industrial disputes is clause 25.

PN9

MR HOY: I beg your pardon, Commissioner, clause 25. Commissioner, subject to any questions you may have of the employee representative, we ask that you certify the agreement in the terms sought.

PN10

THE COMMISSIONER: Thank you, Mr Hoy. Mr Hoy, are there any individual reductions in any of the clauses?

PN11

MR HOY: I believe as indicated in the statutory declaration, Commissioner, that there was one reduction in the award in that the meal allowance would not be paid during any periods of overtime, whether notice was given or not and we would say that that is offset by wage increases of three by five per cent per annum plus a provision in the agreement that there is accident make up pay for a period of 52 weeks. This is their second LK agreement, Commissioner.

PN12

THE COMMISSIONER: Thank you. Mr Barley, you are the elected employee representative, is that correct?

PN13

MR BARLEY: Yes, Commissioner.

PN14

THE COMMISSIONER: Is there anything that you want to say to me about this agreement?

PN15

MR BARLEY: No.

PN16

THE COMMISSIONER: Are you happy to satisfy me it represents the wishes of your work colleagues?

PN17

MR BARLEY: Yes.

PN18

THE COMMISSIONER: Did I ask you, Mr Hoy, what the vote was?

PN19

MR HOY: You did not, Commissioner. My instructions are it was unanimous.

PN20

THE COMMISSIONER: Thank you very much. In accordance with section 170LT of the Workplace Relations Act 1996, the Commission hereby certifies the agreement. This agreement shall come into force from today, 11 August 2003, and shall remain in force until 30 June 2006. This matter is adjourned.

ADJOURNED INDEFINITELY [12.40pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #BM1 NOTICE DATED 19/06/2003 PN7