AG2003/6799, Transcript of Proceedings [2003] AIRCTrans 3848 (2 September 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

JUSTICE MUNRO

AG2003/6799

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by United Goninan Limited - Taree Operation
and Another for certification of the United
Goninan Limited - Taree Operation Enterprise
Bargaining Agreement 2003

SYDNEY

10.18 AM, MONDAY, 18 AUGUST 2003

Adjourned sine die

PN1

HIS HONOUR: This is matter AG 6799 of 2003. This is an application under section 170LJ of the Act lodged on 4 August 2003 seeking certification of an agreement to be known as the United Goninan Limited Taree Operation Enterprise Bargaining Agreement 2003. Could I have appearances please.

PN2

MS K. KNOWLES: I am from the Australian Industry Group and I appear on behalf of United Goninan Limited.

PN3

MR I. MORRISON: I appear on behalf of the Australian Manufacturing Workers Union in this matter. Just by the way of clarity, is this matter 6799?

PN4

HIS HONOUR: Yes.

PN5

MR MORRISON: Sorry, I misheard.

PN6

HIS HONOUR: That's the one I'm working on, Mr Morrison. It's an agreement between United Goninan and AMWU. It is to apply at the Taree operation of United Goninan Limited for all employees bound by the terms of the United Goninan Taree Plant Award as varied or replaced from time to time insofar as those provisions relate to the parties bound. It was approved 14 July, lodged 4 August, it's within time. No bargaining relates. There are some 52 employees.

PN7

I note that clause 9 provides a qualified empowerment under section 170LW and I approve it for the purposes of 170LW. The intention of clause 6 eluded me on my reading of the agreement. Perhaps just for clarity - I think it's meant that it would continue operating in conjunction with the United Goninan Taree Plant Award. It says, prior to the making of this agreement employees have been covered by that award, and then:

PN8

Provided to the extent of any inconsistency the United Award as varied or replaced from time to time this agreement shall prevail.

PN9

I think it as a backhanded way of saying that that other award shall operate subject to this agreement being inconsistent. That's the intention, is it?

PN10

MS KNOWLES: That is my understanding, your Honour, yes.

PN11

HIS HONOUR: Clause 11 wages, refers to increases but not to existing rates or clarification. I note that I have received an urgent facsimile from Ms Knowles but it's virtually illegible. The rates are clear enough but the introductory phrases - it's got last updated, and I can't tell what date that was, and then it's got Reasons for Increase 4 per cent EBA increase, it looks like 2003/2006 EBA, so it's not clear whether these are the rates to which clause 11 is to apply or the rates have already been attached to them. It's mainly a problem of facsimile transmission, I think, Ms Knowles.

PN12

MS KNOWLES: Yes, your Honour. I have the original here. My apologies for the document being sent through this morning. As last week concluded I was tyring to get in contact with the United Goninan for a copy of the document. My understanding is that these are the rates preceding the certification of this agreement or the application for certification.

PN13

HIS HONOUR: The words I couldn't read are 16 July 2003. That's acceptable. I will mark that as exhibit AIG1. That I take it is associated with an undertaking that the operation of the agreement is in respect of the rates as set out with effect from 16 July for purposes of that agreement.

EXHIBIT #AIG1 FACSIMILE FROM MS KNOWLES

PN14

MS KNOWLES: Yes, that is my understanding, your Honour.

PN15

HIS HONOUR: Otherwise I don't need to detain you, Ms Knowles or Mr Morrison. I'm satisfied that the requirement of the Act and rules have been met in relation to the certification of the agreement. The basis of that satisfaction is the checklist compiled by my associate and completed and signed by me following my perusal of the proposed agreement. The signed copy of the checklist is retained as part of the file and is a component of my decision in this matter. In accordance with section 170LT of the Act I certify as agreement 826912 in print 936008 the agreement which shall come into force from 18 August 2003 and shall remain in force until 14 July 2006. A copy of the agreement as certified has been signed and sealed and will be made available to the parties in attendance prior to the calling of the next matter.

ADJOURNED INDEFINITELY [10.24am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AIG1 FACSIMILE FROM MS KNOWLES PN14