AG2003/828, Transcript of Proceedings [2003] AIRCTrans 407 (7 February 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

AG2003/828

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by Beach Pigs Pty Limited and Others for
certification of the Beach Pigs Pty Limited -
Certified Agreement 2002-2005

SYDNEY

9.36 AM, FRIDAY, 24 JANUARY 2003

Adjourned sine die

PN1

THE COMMISSIONER: Yes, could I have the appearances, please?

PN2

MR B. SIMMONS: Good morning, Commissioner, I appear for Agnew Legal. I appear as agent on behalf of the employer, Beach Pigs. I have with me the Director of the company whose name is MR G. DYER.

PN3

MS K. COWAN: Good morning, Commissioner, I'm the elected employee representative of the employees of Hog's Breath Cafe, Collaroy.

PN4

THE COMMISSIONER: Yes, Mr Simmons?

PN5

MR SIMMONS: Commissioner, I'd refer you to the material that you have in front of you which includes the proposed EBA document, of course, and the statutory declarations of Mr Dyer and Ms Cowan. Before I go through the sections pertinent to certifying the agreement, are there any preliminary questions that you might have?

PN6

THE COMMISSIONER: No, I did have some but then I read the document and it satisfied me. Essentially, there is an ability for employees to have the agreement benefits looked at at the end of 12 months to ensure that they're not disadvantaged, vis-a-vis the award, that's the way I read it, is that right?

PN7

MR SIMMONS: Yes, the audit test in 3.2.8 and at appendix two is designed to allow all employees at the end of 12 months or if they're terminated or leave the employment prior to that to ask the employer to conduct an audit. If there's any shortfall, the employer will make up the difference and we would submit that that is one of the critical components in passing the no disadvantage test.

PN8

THE COMMISSIONER: Yes, thank you. That's the only questions I have at this stage.

PN9

MR SIMMONS: There's nothing really too much further to add. I mean, the corporation, of course, is a constitutional corporation, a valid majority approval, of course, and the legislative length of time etcetera for notice. The employees were involved in the process prior to actually having a document placed in front of them. An extensive consultation session was effected at that point in time and, of course, a nominal expiry date less than three years has been put into the agreement.

PN10

THE COMMISSIONER: Yes, thank you, Mr Simmons. Yes, Ms Cowan, is there anything you wish to say?

PN11

MS COWAN: No, we did conduct a ballot and it was passed by the majority of the employees.

PN12

THE COMMISSIONER: Yes, and as far as you know, the employees or yourself in particular is satisfied that the agreement is better or no worse than the award that you would otherwise be under?

PN13

MS COWAN: Yes, Commissioner.

PN14

THE COMMISSIONER: Yes, thank you, Ms Cowan. This is an application to have certified an agreement that is to be known as the Beach Pigs Pty Limited - Certified Agreement 2002-2005. The parties to the agreement are Beach Pigs Pty Limited and relevant employees under the agreement. On the basis of the submissions and documentation, the Commission is satisfied that the relevant requirements of the act and that the rules of the Commission have been complied with. Consequently, the agreement will be certified. It will come into force from 24 January 2003 and will remain in force until 1 December 2005. On that basis, these proceedings are now adjourned. Thank you.

ADJOURNED INDEFINITELY [9.40am]