AG2003/6739, Transcript of Proceedings [2003] AIRCTrans 4130 (18 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 4566
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2003/6739

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by PH Pneumatic and Hydraulic Supplies
(Vic) Pty Ltd for certification of the
PH Pneumatic and Hydraulic Supplies (Vic)
Pty Ltd Collective Bargaining Agreement
2003/2006

MELBOURNE

10.31 AM, WEDNESDAY, 3 SEPTEMBER 2003

PN1

MR J. HOY: I appear for the Australian Industry Group on behalf of PH Pneumatic and Hydraulic Supplies with MR K. MITCHELL from the company and employee representatives, MR T. BASS and MR D. BLAIR.

PN2

THE SENIOR DEPUTY PRESIDENT: Mr Hoy.

PN3

MR HOY: Your Honour, this is an application under division 2 for an agreement in accordance with section 170LK. The terms of the agreement were reached between the company and the employees as outlined in clause 3 of the agreement. The parties have prepared and submitted statutory declarations which we believe meet all the requirement of the Act, regulations and rules of the Commission. We put before you, your Honour, that is does not disadvantage employees covered by it.

PN4

A valid majority of employees generally approved the agreement on 22 July and access to the agreement and an explanation of terms of the agreement occurred in an appropriate manner. It contains a dispute settlement procedure at clause 9 and the period of operation is set out in clause 5 where it states that the agreement will expire on 31 July 2006. Subject to any questions you may have of the employee representatives, your Honour, we therefore request that the Commission certify the agreement in the terms sought. If the Commission pleases.

PN5

THE SENIOR DEPUTY PRESIDENT: Do the employee reps want to add anything? They are all shaking their heads. Mr Hoy, can I take you to clause 6.3 of the statutory declaration of the employer. 6.3 says:

PN6

Certification would not result in a reduction in the overall terms and conditions of employment.

PN7

And the next question is about whether there is any reduction and it is not marked there. Are there any reductions under the agreement vis-a-vis - - -

PN8

MR HOY: There are no reductions, your Honour.

PN9

THE SENIOR DEPUTY PRESIDENT: Having regard to the material contained on the file in this matter and also the submissions put to me, I am satisfied I should certify the agreement known as the PH Pneumatic and Hydraulic Supplies (Vic) Pty Limited Collective Bargaining Agreement 2003/2006. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations. The certification of the agreement will come into force from today's date and remain in force until 31 July 2006.

ADJOURNED INDEFINITELY [10.34am]