AG2002/6698, Transcript of Proceedings [2003] AIRCTrans 381 (7 February 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 VT1405

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2002/6698

APPLICATION FOR CERTIFICATION OF
AGREEMENT

Application under section 170LJ of the Act
by The Australian Workers Union - Victoria
Branch and Another for certification of the
Metalcorp Recyclers Limited Pty Ltd (Brooklyn
and Eaglehawk) Enterprise Bargaining Agreement
2002-2005

MELBOURNE

9.35 AM, THURSDAY, 23 JANUARY 2003

PN1

MS Z. ANGUS: I appear for the Australian Workers Union. With me this morning is MR. B. DAVIS.

PN2

MR. E. BAIN: I appear for the company, Metalcorp Recyclers.

PN3

THE SENIOR DEPUTY PRESIDENT: How do you spell your surname please?

PN4

MR BAIN: B-a-i-n, your Honour.

PN5

THE SENIOR DEPUTY PRESIDENT: Thank you. Ms Angus?

PN6

MS ANGUS: Your Honour, this is an application to certify a division two agreement, the Metalcorp Recyclers Limited Pty Ltd (Brooklyn and Eaglehawk) Enterprise Bargaining Agreement 2002-2005. It is the submission of the union that most of the requirements of the Act have been met in relation to this agreement, indeed, all bar one. The agreement provides for conditions superior to the Metal Industry Award. It provides a dispute resolution procedure at clause 19 which, again, to the extent of any ambiguity, is understood between the parties to empower the Commission to conciliate and/or arbitrate a dispute where the parties cannot resolve it directly between themselves and then any such determination would be binding on the parties.

PN7

It was filed outside of the requisite 21 days by a significant amount of time. The Commission will note that the votes were taken at the two sites on the 13 and 14 June 2002 but it was not filed for some - almost six months after that time. The original document was actually lost and then the parties had to go through the process of preparing replacement material to file before the Commission. It is still the view of the membership that - and the union - that we wish to reach an agreement in the terms outlined and I understand that Mr Bain will back me up on this, that there has been no change whatsoever in the composition of the workforce and therefore no impact on the valid majority in that intervening time. And unless the Commission has any particular questions of me we would seek that the agreement be certified.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Bain?

PN9

MR BAIN: Your Honour, this morning Ms Angus and I have had some discussions. We were aware the original document back in June/July has been misplaced somewhere - lost - and we got it together again later in the year. And also in our discussions with the union this morning the composition of the work force has not changed one bit. There have been no changes to numbers at either of the establishments since the vote was taken in June and we support the ratification of the agreement, your Honour.

PN10

THE SENIOR DEPUTY PRESIDENT: In respect of clause 16 am I to understand that that facility or direct debit would only be exercised where the authority for such debit was provided by the relevant employee?

PN11

MS ANGUS: That is correct, your Honour, an employee would actually have to elect and authorise the deduction from their wages.

PN12

THE SENIOR DEPUTY PRESIDENT: Thank you. Well having regard to the material contained on the file in this matter and also the submissions put to me I am satisfied I should grant the necessary extension of time for the lodgement of the application in this matter. I am also satisfied I should certify the agreement known as the Metalcorp Recyclers Limited Pty Ltd (Brooklyn and Eaglehawk) Enterprise Bargaining Agreement 2002-2005. I am satisfied that to do would be consistent with the requirements of the Act and the regulations. The certification of the agreement will come into force from today's date and remain in force until 31 January 2005.

ADJOURNED INDEFINITELY [9.41am]