AG2002/6727, Transcript of Proceedings [2003] AIRCTrans 391 (7 February 2003)

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TRANSCRIPT OF PROCEEDINGS

O/N VT1396

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2002/6727

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by National Union of Workers -
Victorian Branch and Others for
certification of the Kodak (Australasia)
Pty Ltd National Distribution Agreement
2002

MELBOURNE

10.19 AM, THURSDAY, 23 JANUARY 2003

PN1

MR T. LYONS: I appear for NUW.

PN2

MR C. BROWN: I appear together with MR M. RATCLIFFE, appearing for Kodak (Australasia) Proprietary Limited.

PN3

THE DEPUTY PRESIDENT: Yes, Mr Lyons.

PN4

MR LYONS: If the Commission pleases, in this matter the employer and respondent union seek certification of an agreement in the terms filed. In doing so, the NUW relies on the declaration of Mr Donnelly. I understand there should appear on the file of the Commission, statutory declarations from the other respondent unions.

PN5

THE DEPUTY PRESIDENT: Yes, I have those and I might also say that I have a letter dated 23 January, 2003, from the Transport Workers' Union, signed by Danny White, a Federal Industrial Officer, that says:

PN6

With regard to the above agreement...

PN7

And it mentions:

PN8

The Kodak (Australasia) Pty Ltd National Distribution Agreement 2002. I wish to advise that I am unable to attend today's proceedings, however, I can indicate that the TWU supports the certification of the agreement and believes that it meets all of the statutory requirements.

PN9

Thanks, Mr Lyons.

PN10

MR LYONS: Thank you, your Honour. I note that the, in respect to the other respondent union, the CEPU Electrical Division, they have signed the agreement and I understand there to be a declaration on the file.

PN11

THE DEPUTY PRESIDENT: Yes, yes.

PN12

MR LYONS: Your Honour, we say that the declarations make out that all the requirements of the Act have been met. Unless your Honour has any questions about the terms of the agreement, we would seek certification from today's date. If the Commission pleases.

PN13

THE DEPUTY PRESIDENT: Thank you, Mr Lyons. Mr Brown.

PN14

MR BROWN: Your Honour, the company also submits that the agreement meets the requirements of the Act. We rely on the statutory declaration of Mr Ratcliffe, in that respect.

PN15

THE DEPUTY PRESIDENT: Yes. I am also satisfied that the requirements of the Act are met. I have no issues to raise in respect of this particular agreement and can indicate that the Kodak (Australasia) Proprietary Limited National Distribution Agreement 2002 will be certified with effect from today's date and will expire on 30 June, 2004. The matter is adjourned.

ADJOURNED INDEFINITELY [10.21am]