AG2003/6839, Transcript of Proceedings [2003] AIRCTrans 3975 (9 September 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 4367

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER MANSFIELD

AG2003/6839

APPLICATION TO TERMINATE AGREEMENT
(VALID MAJORITY)

Application under section 170MG of the Act
by TNT Australia Pty Limited, trading as TNT
Express and Another to terminate the TNT Express
(Annual Leave) Enterprise Agreement 2003

MELBOURNE

10.30 AM, TUESDAY, 26 AUGUST 2003

PN1

THE COMMISSIONER: This is an application the termination of an enterprise agreement. We have MR J. PARKER and MR N. COCKERELL representing the TWU and MR R. LEMISH representing TNT. Who wishes to take us through this, please?

PN2

MR R. LEMISH: I will, yes, thank you, Commissioner. As you said, this matter is an application for the approval of the termination of the enterprise agreement, which is known as a TNT Express Annual Leave Enterprise Agreement 2003. Vicky Leeds, the corporate employer relations manager of TNT Australia Pty Limited, has signed a statutory declaration in relation to this matter. This statutory declaration was filed with the Commission at the time the application was lodged. The Transport Workers Union were also served a copy of that statutory declaration.

PN3

A letter has been signed by the company and also by the union agreeing to the termination of this agreement and that letter was also filed with the Commission. Unless the Commission has any questions, we ask that the application be approved in the terms it was sought.

PN4

THE COMMISSIONER: Mr Lemish, what is the actual basis for the termination of the agreement? Can you just take me through that briefly, please?

PN5

MR LEMISH: Yes, Commissioner. The agreement was entered into between the parties and certified by this Commission on 9 July this year, 2003, and the terms of the agreement at clause - I think it was 6 - said that the agreement would run for one month only for a specified period of time. It was to enable a pay-out of some accrued annual leave entitlements at the employees election. We made it essentially a short-term enterprise agreement. It is not something that either party wants to have as an ongoing issue and that is why we are seeking to have the agreement terminated as from today.

PN6

THE COMMISSIONER: And the objective of the enterprise agreement was satisfied that the employees then undertook an election and - - -

PN7

MR LEMISH: The employees who were eligible were company-employed drivers and those who had more than 152 hours accrued entitlement. There were some, I think, 100 employees who were eligible to receive the pay-out, should they so elect to do so, and I think about 45 employees have elected to receive any payment from - I think, minimum payment is probably about $400 up to quite a few thousand dollars. The aim, from the company's point of view, was to try and reduce the accrued entitlements.

PN8

It accrued as a result of amalgamation of a whole range of business units. One example, one employee had 19 weeks accrued annual leave. We were certainly well within our rights under the award to require that employee to take the leave but, business-wise, it probably wasn't going to be too satisfactory and, from the employee's point of view, potential loss of earnings in relation to overtime, etcetera, an agreement was to come into just a short-term, one-off/one-only operation to have the pay-out available to them if they wanted to.

PN9

THE COMMISSIONER: Good, thanks, Mr Lemish.

PN10

MR LEMISH: Thank you.

PN11

THE COMMISSIONER: Mr Parker, does the TWU agree with the submissions made by Mr Lemish and endorsed that they are accurate?

PN12

MR J. PARKER: Yes, Commissioner.

PN13

THE COMMISSIONER: Good, Mr Parker. Any other submissions you would like to make?

PN14

MR PARKER: Just that it has been a successful program. We have dealt with an issue of extensive annual leave accruals and it was a one-off agreement to run for one month, which is consistent with my colleague, and it is good to have the matter settled.

PN15

THE COMMISSIONER: Good, thanks, Mr Parker.

PN16

MR PARKER: Thank you, Commissioner.

PN17

THE COMMISSIONER: The submissions that have been made by TNT and the Transport Workers Union and the original application are in accordance with the requirements of the Workplace Relations Act. The application is for the termination of the TNT Express Annual Leave Enterprise Agreement 2003. That application has been made in accordance with the requirements of the Act and the application will be agreed to and an order issued terminating the agreement as requested by the parties. Any other submissions from either of the parties? No? This matter is adjourned.

ADJOURNED INDEFINITELY [10.35am]