AG2003/6657, Transcript of Proceedings [2003] AIRCTrans 4132 (18 September 2003)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N 4568

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2003/6657

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by Stramit Corporation Pty Ltd for
certification of the Stramit Industries
(Kilsyth) Certified Agreement 2003

MELBOURNE

10.45 AM, WEDNESDAY, 3 SEPTEMBER 2003

PN1

MS L. MUMME: I seek leave to appear on behalf of the company in that matter. Your Honour, this is an application for certification under division 2 of part VIB of the Act for an agreement to apply at the company's Kilsyth site. Application is made for the certification of the agreement from today's date for a period of three years. Your Honour, statutory declarations have been filed in support of the application. I have noticed that there is one typographical error in the statutory declarations which appears at clause 4.1. It is the reference to the employee representatives on the negotiating team, the first dot point.

PN2

I am sorry, the statutory declarations don't have page numbers on them. It is the four names that appear. The first name should be Graham Andrews, not Anderson. Your Honour, the statutory declarations filed on behalf of Stramit, it is submitted, demonstrate that the agreement meets the requirements of the Act. In particular, I refer your Honour to clause 4.1 of the statutory declarations and clauses 5.4 to 5.10 of the statutory declarations that set out some of the background to the negotiation of this agreement.

PN3

Your Honour, it is submitted that the agreement meets the requirements of the Act in that it has complied with the requirements of section 170LK. It is also submitted that it meets the requirements of section 170LT of the Act. Your Honour, I wasn't proposing to go through the agreement, but obviously happy to address any questions which your Honour may have in respect to the agreement.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes. I might stand this matter down for 10 minutes or so and come back to it.

SHORT ADJOURNMENT [10.48am]

RESUMED [10.58am]

PN5

THE SENIOR DEPUTY PRESIDENT: When I did a certification for Stramit at - - -

PN6

MS MUMME: Bayswater.

PN7

THE SENIOR DEPUTY PRESIDENT: - - - Bayswater, there were several problems in respect of which I think undertakings were given. Are those problems in this one?

PN8

MS MUMME: No, your Honour, principally because this agreement has been drafted as an LK agreement from the start. I think your Honour raised on the last occasion some issues with respect to the use of the term "shop steward".

PN9

THE SENIOR DEPUTY PRESIDENT: Yes.

PN10

MS MUMME: That provision doesn't exist with the exception of the trade union training leave provision in this agreement.

PN11

THE SENIOR DEPUTY PRESIDENT: Thank you, and in the statutory declaration it is suggested that there are no reductions under the agreement vis-a-vis the award and other relevant law.

PN12

MS MUMME: That is correct, your Honour.

PN13

THE SENIOR DEPUTY PRESIDENT: Thank you. Anything anybody else wishes to add? 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 Stramit Industries (Kilsyth) Certified Agreement 2003. 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 2 September 2006. I will now adjourn.

ADJOURNED INDEFINITELY [11.02am]