AG2003/6770, Transcript of Proceedings [2003] AIRCTrans 3849 (2 September 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 4256

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LEWIN

AG2003/6770

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by National Union of Workers - Victorian
Branch and Another for certification of the
Terminals Pty Ltd (Geelong) - National Union
of Workers Comprehensive Agreement 2003

MELBOURNE

10.33 AM, MONDAY, 18 AUGUST 2003

PN1

MR A. THOW: I appear on behalf of the National Union of Workers.

PN2

MS R. HART: I act on behalf of Terminals Pty Ltd and I seek leave to appear on its behalf.

PN3

THE COMMISSIONER: No objection to that? Leave is granted. Yes, Mr Thow, I have had an opportunity to look at the agreement and it seems to me that the matter is relatively straightforward, unless you think that there is anything that should be brought to my attention. I didn't calculate whether it was in time or not.

PN4

MR THOW: Yes, I think if you do add up the days we might be one day out - - -

PN5

THE COMMISSIONER: Yes, that is right. I knew it was very close.

PN6

MR THOW: Yes. I seek your discretion under section 111(1)(r) and I can inform the Commission that the eight employees are still present at the site. It is the sort of site where once you get a job you certainly don't leave and, knowing all of the eight individuals, I know none of them have left, so it shouldn't affect the composition.

PN7

THE COMMISSIONER: All right. Well, I will extend the time.

PN8

MR THOW: Thank you. That is the only matter that we would like to place on the record. We would rely upon the statutory declarations submitted. Thank you.

PN9

THE COMMISSIONER: Do you wish to say anything, Ms Hart?

PN10

MS HART: No submissions thank you sir.

PN11

THE COMMISSIONER: Well, this is a relatively straightforward matter. It is an application for the certification of an agreement to be known as the Terminals Pty Ltd (Geelong) - National Union of Workers Enterprise Agreement 2003-2006. I have had the opportunity to peruse the agreement and compare it against the relevant award.

PN12

I have extended the time for the filing of the application for the certification of the agreement and I am satisfied that the agreement meets the statutory requirements for the purposes of its certification in that it nominates a commencement and expiry, it has been made in accordance with the statutory requirements, it has been approved by a valid majority of the eight employees to whom it applies and that it does not disadvantage any of the persons covered by the terms of the agreement. Moreover, the agreement provides in clause 11 for procedures to settle any disputes over the application of the agreement.

PN13

Under all these circumstances, the Commission is required to certify the agreement and an order of certification will issue accordingly. The order of certification will come into force on and from today's date and remain in force for the life of the agreement. I will provide a copy of my decision and the order certifying the agreement to the parties directly by post.

ADJOURNED INDEFINITELY [10.36am]