AG2003/718, Transcript of Proceedings [2003] AIRCTrans 385 (7 February 2003)

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TRANSCRIPT OF PROCEEDINGS

O/N VT1415

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2003/718

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Melton Shire Council and others
for certification of the Melton Shire
Council Enterprise Agreement No 3 2002

MELBOURNE

2.40 PM, THURSDAY, 23 JANUARY 2003

PN1

MR S. WILSON: I am from VECCI and appear for the Melton Shire Council.

PN2

MR B. MEGENNIS: I appear on behalf of the Australian Nursing Federation.

PN3

MR R. RANKIN: I appear on behalf of the Australian Services Union.

PN4

MS J. BAULCH: I appear on behalf of APESMA.

PN5

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes, Mr Wilson.

PN6

MR WILSON: Yes, thank you, your Honour. Your Honour, this is, again, an enterprise agreement to cover the staff at the Melton Shire Council. Your Honour, we believe it meets the requirements of the Act and would rely on the statutory declaration of Neville Smith, who is the Chief Executive Officer of the Melton Shire, and ask that the agreement be certified from today's date until 30 June, 2004.

PN7

THE SENIOR DEPUTY PRESIDENT: I note that in clause 5 it is stated that:

PN8

It shall operate from the beginning of the first pay period on or after 1 July, 2002.

PN9

I take it that that means that it is intended to have effect from that date?

PN10

MR WILSON: Yes, that is the case, your Honour, that was the intent of the parties and the payments and the effect of all the clauses subject of course to certification, being operative from that date.

PN11

THE SENIOR DEPUTY PRESIDENT: Well it will operate from today's date with effect from - - -

PN12

MR WILSON: Yes.

PN13

THE SENIOR DEPUTY PRESIDENT: - - - the date specified in the agreement. Yes. Yes, thank you. Mr Megennis.

PN14

MR MEGENNIS: Thank you, your Honour. The Australian Nursing Federation relies upon the statutory declaration as submitted by the Secretary of the Australian Nursing Federation, Victoria Branch, Ms Lisa Fitzpatrick, dated 19/12/2002. We request that the Commission certify the agreement in accordance with provisions of the Act, from today's date. Thank you.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Mr Rankin.

PN16

MR RANKIN: If it please the Commission, the Australian Services Union relies on the statutory declaration provided by International Secretary, Mr Paul Slope, on 20 December and we would seek that today be the operative date.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Ms Baulch.

PN18

MS BAULCH: Yes, thank you, sir. Filed with the application is the statutory declaration of Geoffrey Artis. That statutory declaration outlines how the association believes that there is requirements for certification. This agreement - - -

PN19

THE SENIOR DEPUTY PRESIDENT: I trusts the employer, I notice.

PN20

MS BAULCH: Sorry?

PN21

THE SENIOR DEPUTY PRESIDENT: Mr Artis trusts the employer to - - -

PN22

MS BAULCH: Yes, he does.

PN23

THE SENIOR DEPUTY PRESIDENT: Nice to see.

PN24

MS BAULCH: I think he is getting a bit toey about some other - - -

PN25

THE SENIOR DEPUTY PRESIDENT: Yes, go on, I have interrupted you.

PN26

MS BAULCH: Yes. On the basis of the matters contained in the statutory declaration, we seek that you certify the agreement from today's date, with the operation of the agreement being in the terms contained in the agreement. The agreement has a nominal expiry date of 30 June, 2004.

PN27

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Yes, I will certify the agreement. I am satisfied that it is about matters pertaining to the relationship between a Victorian employer and its employees and the employer is carrying on a single business, each of the unions has one member, at least, and is entitled to represent the members interests, the agreement passes the no disadvantage test and it was made in accordance with section 170LJ and a valid majority genuinely approved it, the explanation of its terms was appropriate in the circumstance, it includes dispute settling procedures, specifies 30 June, 2004 as the nominal expiry date and, of course, is not three years from today's date. I note that the intent of the agreement is that it should have effect from an earlier date, as set out in clause 5; that date being 1 July, 2002. There are no reasons in section 170LU as to why I should refuse to certify it. Accordingly, it will be certified to operate from today's date in accordance with its terms. Thank you.

ADJOURNED INDEFINITELY [2.45pm]