AG2003/6136, Transcript of Proceedings [2003] AIRCTrans 4198 (24 September 2003)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMPTON

AG2003/6136

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under Section 170LK of the Act
by Shop, Distributive and Allied Employees
Association-South Australian Branch and
Another for certification of the Wattyl
Australia Pty Limited SDA Paint Stores
Enterprise Agreement 2003

ADELAIDE

12.25 PM, FRIDAY, 5 SEPTEMBER 2003

PN1

MR S. BAKER: I am appearing on behalf of the SDA.

PN2

MR C. SUMMERS: I appear for Wattyl Australia Proprietary Limited.

PN3

THE DEPUTY PRESIDENT: Mr Baker, you can lead on.

PN4

MR BAKER: May it please the Commission, both parties, by consent, present the Wattyl Australia Proprietary Limited SDA Paint Stores Enterprise Agreement 2003 to be certified today. The agreement is made pursuant to section 170LJ of the Workplace Relations Act. The agreement is between the SDA and Wattyl Australia Proprietary Limited. Our application is accompanied by statutory declarations by myself, Mr Stephen Baker on behalf of the SDA and Mr Michael Asmos on behalf of Wattyl Proprietary Limited. The SDA is an association that has at least one member in each workplace and so is entitled to represent the interests of the employees that were covered by it.

PN5

With respect to section 170XA of the Act, the award that was used for comparison purposes is the Retail Industry South Australia Award. It is our submission that there has been no disadvantage to employees with respect to their wages and working conditions. In fact, there has been a 90 per cent wage increase over 2 years and no changes to employee flexibility as per the statutory declaration. The employees had the opportunity to have the agreement explained to them and to ask questions. Copies of the agreement were provided to all workplaces and employees. Meetings were also carried out with employees when employees were able to ask questions.

PN6

At least 14 days after this, a ballot was conducted and we are confident that these sessions were carried out in a way that made it easy for employees to understand the agreement. The agreement was approved by a valid majority on 29 July 2003 and within 21 days of this date, the application to have the agreement certified was made. The agreement contains procedures for settling disputes. This is found at clause C13 of the agreement and the expiry date for the agreement is June 30 2005 as found at clause A4. Accordingly, it is our submission that all statutory requirements are satisfied by the agreement and other documents tendered and therefore we request that the agreement be certified, if the Commissioner pleases.

PN7

THE DEPUTY PRESIDENT: Thank you, Mr Baker. Mr Summers?

PN8

MR SUMMERS: Deputy President. Mr Baker succinctly clarified the agreement.

PN9

THE DEPUTY PRESIDENT: In his normal professional manner.

PN10

MR SUMMERS: Yes, and we consent to this application.

PN11

THE DEPUTY PRESIDENT: All right. Good. Thank you. I will deal with the application now. I indicate that I'm satisfied that new agreement should be certified. On reaching that conclusion I have regard, of course, to the requisite provisions of the Workplace Relations Act, in particular, the steps required to make a valid agreement in this jurisdiction. Secondly, I've considered the proposed agreement in the context of the award for the purposes of the no disadvantage test and I've also had regard to the other provisions which bear upon the certification of an agreement in this jurisdiction.

PN12

In my view, as I've already indicated, each of those requirements is met. I'm satisfied there was a genuine agreement endorsed by a valid majority of employees following a process strictly in accordance with the Act. The agreement meets all the requirements. It, in particular, will not represent a net disadvantage to the employees concerned. Indeed, I have observed that it is a beneficial instrument that clearly builds on existing arrangements. It contains all other provisions necessary for certification. So in that context, I confirm that later today I will formally issue a certificate in relation to this matter.

PN13

The certificate will indicate that the agreement is certified effective on and from today's date and will have a nominal life extending until 30 June 2005. A copy of that certificate will be appended to the instrument that I've just certified and will be supplied to the company and the union for your own use and records. Lastly, without knowing the details of the negotiation process other than that is necessary to outline the compliance of the Act, I have no doubt that there is a long term constructive relationship here and I trust the agreement that I've just certified will continue to stand both the company and the union in good stead and look forward to seeing you again in this jurisdiction in a little less than 3 years time. The Commission will be adjourned.

ADJOURNED INDEFINITELY [12.29pm]