AG2003/4308, Transcript of Proceedings [2003] AIRCTrans 3812 (29 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 4190

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMILTON

AG2003/4308
AG2003/4386

BMK PTY LTD AND CFMEU BUILDING AND
CONSTRUCTION INDUSTRY COLLECTIVE
BARGAINING AGREEMENT 2002-2005

PORTOLESI NOMINEES PTY LTD T/AS
CONSTRUCTION CAULKING SERVICES AND
CFMEU BUILDING AND CONSTRUCTION
INDUSTRY COLLECTIVE BARGAINING
AGREEMENT 2002-2005

Applications under section 170LJ of the Act
by the Construction Forestry Mining and
Energy Union - Construction and General
Division, Victorian Branch and Others
for certification of agreements

MELBOURNE

10.33 AM, THURSDAY, 14 AUGUST 2003

PN1

MR G. FISHER: I appear on behalf of the Master Builders Association, representing Portolesi Nominees Pty Ltd.

PN2

MR R. WAINWRIGHT: I appear on behalf of the Construction Forestry Mining and Energy Union.

PN3

THE DEPUTY PRESIDENT: Thank you. One of the matters is out of time; I think yours, Mr Fisher.

PN4

MR FISHER: Yes, your Honour. I have spoken directly to the company in relation to the composition of the workforce and the structure of the company.

PN5

THE DEPUTY PRESIDENT: How much is it out of time?

PN6

MR FISHER: It is only a short period, Commission.

PN7

THE DEPUTY PRESIDENT: Is it?

PN8

MR FISHER: Yes.

PN9

THE DEPUTY PRESIDENT: That is fine.

PN10

MR FISHER: And they are saying there are no alterations at all, your Honour. So, therefore, we would seek an extension of time. Thank you, your Honour.

PN11

THE DEPUTY PRESIDENT: Thank you. And you propose certification, do you?

PN12

MR FISHER: I do, your Honour.

PN13

THE DEPUTY PRESIDENT: For the reasons set out in your statutory declaration, and that of the CFMEU.

PN14

MR FISHER: That is correct, your Honour.

PN15

THE DEPUTY PRESIDENT: The employer's statutory declaration does not have the name of the person making it. It is "I", blank. I think he has signed it.

PN16

MR FISHER: Yes.

PN17

THE DEPUTY PRESIDENT: I guess the key issue is that he signed it - - -

PN18

MR FISHER: I have spoken to him - - -

PN19

THE DEPUTY PRESIDENT: - - - and identified himself. And you have spoken to him.

PN20

MR FISHER: Yes, I did speak to him. That is right.

PN21

THE DEPUTY PRESIDENT: That is just a technical - yes, thank you for that. Anything else?

PN22

MR FISHER: Just in relation to the agreement itself, your Honour. The steps have been followed for the certification of the agreement. The employers will allow 14 days to cast their vote on the agreement. The agreement also does not disadvantage the employees in relation to wages, your Honour. The agreement does include a dispute settling procedure under clause 9, and does deal with occupational health and safety.

PN23

Both the employer and the employees do have a commitment to the agreement, your Honour. Therefore, we do seek certification. If the Commission pleases.

PN24

THE DEPUTY PRESIDENT: Yes. Just one question. This is the usual Construction agreement, is it, in the usual form?

PN25

MR FISHER: It is. That is correct, your Honour.

PN26

THE DEPUTY PRESIDENT: And it is just in a different format. It seems to be a different length to Mr Wainwright's, which is in the same terms. What is that?

PN27

MR FISHER: That is just - - -

PN28

THE DEPUTY PRESIDENT: That is the print, is it?

PN29

MR FISHER: I think it is the way it was printed out, your Honour. It is through electronic E-mail.

PN30

THE DEPUTY PRESIDENT: Thanks very much. Mr Wainwright.

PN31

MR WAINWRIGHT: Your Honour, I support and adopt the submissions that Mr Fisher has made. The CFMEU submits that the application meets the requirements of section 170LJ and section 170LT, and we seek that you certify the agreements.

PN32

THE DEPUTY PRESIDENT: Thank you very much. On the basis of the statutory declarations lodged and the submissions put today, I will first of all extend time as sought by Mr Fisher. Secondly, I will certify the agreements as sought by the parties. I note that I have the power to revoke certification. I advise the parties that in a decision in these matters, I will be referring to the pending High Court proceedings, as we discussed in conference. Thank you very much for coming. These matters stand adjourned.

ADJOURNED INDEFINITELY [10.30am]