AG2003/7129, Transcript of Proceedings [2003] AIRCTrans 4345 (1 October 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 4696

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

AG2003/7129

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ
of the Act by Pauls Victoria and
Another for certification of the
Pauls Victoria-Rowville - AMWU
Enterprise Agreement 2003-2006

MELBOURNE

9.15 AM, MONDAY, 15 SEPTEMBER 2003

PN1

MS R. JASTRZEBSKI: I appear on behalf of the Australian Manufacturing Workers Union. I am afraid, Commissioner, I don't know when this was lodged because the company use a law firm to do all of the documentation and lodge it and I think they lodged it in the Queensland Registry so I don't know whether I need to ask for an extension of time.

PN2

THE COMMISSIONER: According to my note, yes, there is, but I also have a problem in regards to the signature on the statutory declaration - or the witness, sorry. On the statutory declaration provided by the employer it has got the person who witnessed it and it says, "Declared at Rowville." Is there a Rowville in Queensland? And it was lodged in the Victorian Registry.

PN3

MS JASTRZEBSKI: It was.

PN4

THE COMMISSIONER: It is Parmalat.

PN5

MS JASTRZEBSKI: Parmalat, yes.

PN6

THE COMMISSIONER: Yes.

PN7

MS JASTRZEBSKI: They have - it is all a bit - this whole thing was pretty confusing because the company - the Pauls Victoria part of Parmalat is based in Rowville, but the head office is in Queensland and they didn't - I don't know - they just - they didn't have confident in their Victorian HR person to sort of just compile the documents and lodge them, so the company and the union had to sort of prepare everything at this end, post everything to Queensland and then obviously it looks like they posted it back to lodge in Victoria. If it has been lodged out of time I dare say that is probably the reason, it had to all be looked at in Queensland before it was allowed to be lodged here. There was a company - they used a law firm called Livingstone.

PN8

THE COMMISSIONER: I presume.

PN9

MS JASTRZEBSKI: So that is what happened. It is Livingstone's handled it.

PN10

THE COMMISSIONER: Well, the person who witnessed the signature is Mr Simon Wilkins, whoever he is.

PN11

MS JASTRZEBSKI: Has Mr Wilkins not said - - -

PN12

THE COMMISSIONER: Who he is or whether he is authorising, in fact, the witness' statutory declaration.

PN13

MS JASTRZEBSKI: Crikey. Does the union' statutory declaration suffice in proving that the requirements of the Act have been met?

PN14

THE COMMISSIONER: No.

PN15

MS JASTRZEBSKI: No. Our doesn't either, does it?

PN16

THE COMMISSIONER: No. So you are both in trouble.

PN17

MS JASTRZEBSKI: Is it the same person - the same signature because I haven't got a copy of the signature of - - -

PN18

THE COMMISSIONER: No, the person who witnessed the union's statutory declaration appears to say - - -

PN19

MS JASTRZEBSKI: Maynod or something.

PN20

THE COMMISSIONER: - - - Maynod.

PN21

MS JASTRZEBSKI: Yes, and that is not someone that I know.

PN22

THE COMMISSIONER: No, and Simon Wilkins, probably the local barman I suppose.

PN23

MS JASTRZEBSKI: He could be.

PN24

THE COMMISSIONER: What about you go away and get some - advise Parmalat that we need proper authorised statutory declarations.

PN25

MS JASTRZEBSKI: Yes.

PN26

THE COMMISSIONER: And I must say it is unusual for your organisation, Ms Jastrzebski, to provide a statutory declaration that is witnessed properly, but that also needs to be done.

PN27

MS JASTRZEBSKI: I think that in our case it could have been because Gary Robb, who was acting in the role of divisional secretary, this was probably - judging by the date probably the first statutory declaration he had signed, so I don't think he understood yet what the process was. So we just go away and start again?

PN28

THE COMMISSIONER: No.

PN29

MS JASTRZEBSKI: No.

PN30

THE COMMISSIONER: There are two things I require.

PN31

MS JASTRZEBSKI: Okay.

PN32

THE COMMISSIONER: One is a statutory declaration from each properly witnessed by authorised people.

PN33

MS JASTRZEBSKI: Yes.

PN34

THE COMMISSIONER: The second thing is if they would add a separate sheet indicating that there hasn't been a change to the workforce to the extent that it requires the Commission to use its discretion of powers.

PN35

MS JASTRZEBSKI: Between the vote and - yes.

PN36

THE COMMISSIONER: And I won't call you back again; I will certify the agreement once I get them.

PN37

MS JASTRZEBSKI: Brilliant. Thank you, Commissioner.

PN38

THE COMMISSIONER: Thank you.

ADJOURNED INDEFINITELY [9.20am]