AG2003/6538, Transcript of Proceedings [2003] AIRCTrans 3724 (22 August 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 4103

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HINGLEY

AG2003/6538

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LS of the Act
for certification of the Innovative Technologies
Group Pty Ltd Collective Bargaining Workshop
Agreement 2003

MELBOURNE

11.11 AM, MONDAY, 11 AUGUST 2003

PN1

MS R. JASTRZEBSKI: I appear for the Australian Manufacturing Workers Union. Commissioner, this is an application made under division 3, section 170LS of the Workplace Relations Act, an agreement between Innovative Technologies Group Pty Ltd and the AMWU. The agreement was made to prevent an industrial situation from giving rise to an industrial dispute. The agreement was approved by a valid majority of employees on 10 July 2003. It contains procedures for the prevention and settlement of disputes and is underpinned by an appropriate award, the Metal Engineering and Associated Industries Award 1998, and the agreement expires on 31 March 2006 and we would ask that the Commission certify this agreement.

PN2

THE COMMISSIONER: I note on the statutory declaration that the date in the section where the statutory declaration is sworn and attested to that the date has been altered and no initialling.

PN3

MS JASTRZEBSKI: That is Mr Marshall's writing. It must be an oversight.

PN4

THE COMMISSIONER: Yes, in both cases too. In both statutory declarations. I accept that it couldn't have been the postdated date, or the predated date. I think it should have been initialled though by - - -

PN5

MS JASTRZEBSKI: Both of the people who witnessed them.

PN6

THE COMMISSIONER: Yes, who took the sworn affidavit. However I think in this case I will exercise a discretion and waive the necessity to get new sworn statutory declarations because it is only a month and it was lodged within time.

PN7

MS JASTRZEBSKI: Thank you, Commissioner.

PN8

THE COMMISSIONER: But I just make note of it. I mean it couldn't have been June because it wasn't voted on until 10 July so on that basis I accept that. Is there anything further?

PN9

MS JASTRZEBSKI: No, that is it. Thank you.

PN10

THE COMMISSIONER: Thank you. The Commission notes that this agreement prevented an industrial situation giving rise to an industrial dispute. In accordance with section 170LT of the Workplace Relations Act 1996 the Commission hereby certifies the written agreement. This agreement shall come into force from 11 August 2003 and shall remain in force until 31 March 2006. This matter is adjourned.

ADJOURNED INDEFINITELY [11.13am]