AG2003/6723, Transcript of Proceedings [2003] AIRCTrans 3825 (1 September 2003)

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TRANSCRIPT OF PROCEEDINGS

O/N 9662

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2003/6723
AG2003/6716
AG2003/6719
AG2003/6720
AG2003/6721
AG2003/6722

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LS of the Act
by Hobart City Council and Others for certification
of the Hobart City Council Enterprise Agreement 2003

APPLICATIONS TO TERMINATE AGREEMENT

Applications under section 170MH of the Act
to terminate agreements (public interest)

HOBART

9.36 AM, FRIDAY, 15 AUGUST 2003

PN1

MR S. KELLY: I appear for the Australian Services Union.

PN2

MR D. PYRKE: I appear on behalf of the Association of Professional Engineers, Scientists and Managers Australia.

PN3

MR P. RODWELL: I appear on behalf of the Hobart City Council.

PN4

THE DEPUTY PRESIDENT: Thank you. Who is going to speak to - - -

PN5

MR KELLY: Could I ask that Rodwell P. lead the way.

PN6

THE DEPUTY PRESIDENT: Someone has volunteered you, Mr Rodwell.

PN7

MR RODWELL: The pleasure is all mine, Deputy President. The matter before you, Deputy President, is an application to certify the Hobart City Council Enterprise Agreement 2003 which flows from negotiations between the Council, the ASU, APESMA, TWU and the AWU. Those negotiations commenced on 18 March and finished on 1 July and the agreement that you have before you is the product of those negotiations. In undertaking this process we also took the opportunity to review all past EBAs and two rostered day off agreements that had applied at council over the years. Discarding no longer operating provisions, retaining those that were still operating. We have consolidated them all into a single enterprise agreement - - -

PN8

THE DEPUTY PRESIDENT: I like the sound of that.

PN9

MR RODWELL: - - - and as a consequence we seek to have the enterprise agreements from 1994, '95, '96, '99 and 2001 set aside as they will be replaced in their entirety by the new agreement which goes without saying we commend to the Commission.

PN10

THE DEPUTY PRESIDENT: All right, thank you. Can I just add that I have a letter from the AWU who advise they won't be present but consent to the agreement being certified in their absence. Did you want to respond?

PN11

MR KELLY: Deputy President, the agreement is the most significant agreement in local government in Tasmania not that it necessarily establishes precedence but the discussions took approximately three months and the process, quite apart from the increments, was that there would be some cleaning up and the lack of discussion in relation to offsets, which was a breath of fresh air as far as we were concerned. Mind you, that didn't mean that there weren't some interesting discussions during the process, especially towards the end, and I want to though congratulate the work that the Hobart City Council did in the development of the agreement, specifically Peter Rodwell and his staff.

PN12

The amount of work in consolidating a series of past agreements and rationalising a whole series of clauses was no easy task. There was a working party that supported that process consisting of union representatives and employee representatives and management representatives that went back to the negotiating committee to confirm that work. That was a major activity done quietly alongside the negotiations and produced the outcome. The support of fellow unions was also appreciated in the overall result so i commend the agreement to the Commission.

PN13

THE DEPUTY PRESIDENT: Thank you. Mr Pyrke?

PN14

MR PYRKE: Yes, thanks, Deputy President. I certainly agree with what has been put to you by Mr Rodwell and Mr Kelly and particularly in relation to the consolidation of four or five agreements. It is much easier to deal with one than five or six so - - -

PN15

THE DEPUTY PRESIDENT: That is the idea.

PN16

MR PYRKE: Yes, so and support the application for certification. If the Commission pleases.

PN17

THE DEPUTY PRESIDENT: All right, thank you. I think the parties have already been advised that I didn't have any queries in respect to the provisions of the agreement. Accordingly, this is an application pursuant to section 170LS of the Workplace Relations Act for certification of the Hobart City Council Enterprise Agreement 2003. The parties to the agreement are the Hobart City Council, the ASU, APESMA, the TWU and the AWU. I know that Mr Cook from the TWU has been trying to send us something this morning but he keeps sending it to the telephone rather than to the fax but we have spoken to him and I know that he supports the certification also.

PN18

The agreement also applies to those employees covered by the classifications found therein. Each of the parties has provided the required statutory declarations and the agreement can be certified. An order will issue to take effect from today's date and remain in force until 30 June 2005. The agreement, however, came into effect from 1 July 2003. The agreement consolidates and replaces five previous agreements which are all subject to section 170MH applications to set aside which will be done by consent. The agreements set aside are the Hobart City Council Enterprise Agreement 2001; the Hobart City Council Enterprise Agreement 1999; Hobart City Council Enterprise Agreement Number 3 of 1996; Hobart City Council Enterprise Agreement 1995; Hobart City Council Enterprise Agreement 1994.

PN19

Well done. We now have one document that represents all employee entitlements and obligations. That is a good job well done. On that basis the agreement is certified and the other five agreements are now set aside and terminated. Thank you, this matter is adjourned.

ADJOURNED INDEFINITELY [9.42am]