AG2002/6740, Transcript of Proceedings [2003] AIRCTrans 452 (12 February 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N VT1452

A 11.2.03

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2002/6740

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union - Vehicle
Division Victorian Region and Another for
certification of the Sodexho Food and Management
Services (Ford Broadmeadows and Geelong Sites Only)
Enterprise Bargaining Agreement 2002

MELBOURNE

11.30 AM, TUESDAY, 28 JANUARY 2003

PN1

MR A. COLE: I appear on behalf of the Australian Manufacturing Workers Union.

PN2

MS L. NUNN: I appear on behalf of the employer together with MS J. CLIFTON.

PN3

THE DEPUTY PRESIDENT: This is the employer's application or Mr Cole, are you - no, it is actually the union's application, I am sorry. You go ahead, Mr Cole.

PN4

MR COLE: Thank you, your Honour. Just to clarify something, your Honour, the original application and the supporting statutory declarations listed the matter as a division 3 LS application. It has been brought to the attention of the parties that, in fact, it is a division 2 section LJ application. The parties have forwarded new statutory declarations clearing up that administrative error.

PN5

THE DEPUTY PRESIDENT: Yes, Mr Cole. I know I have received a statutory declaration from the employer; have I received one from the union?

PN6

MR COLE: Well, I understand it was faxed on Friday, but I have the original here I can hand up now.

PN7

THE DEPUTY PRESIDENT: Good, thanks, Mr Cole. Thanks, Mr Cole.

PN8

MR COLE: So we ask that the Commission use its discretion in allowing us to make those amendments.

PN9

THE DEPUTY PRESIDENT: Yes, and I do that - - -

PN10

MR COLE: They have no change in substance in terms of the documentation itself.

PN11

THE DEPUTY PRESIDENT: No, thanks, Mr Cole, and I do make that amendment in accordance with the provisions of section 111(1)(p) of the Act allowing the application to be amended from an application under 170LS of the Act to an application under 170LJ. Thanks, Mr Cole.

PN12

MR COLE: Thank you. Your Honour, in terms of the application, the parties to the agreement have lodged supporting statutory declarations consistent with the requirements specified under division 2 of Part VIB of the Act. Accordingly, the union submits that the application meets the requirements specified in 170LT of the Act. Consistent with section 170LT(5), approval was made by a valid majority of people whose employment be subject to the agreement, and that was made on Wednesday, December 4 of 2002.

PN13

In relation to section 170LT(7), the union submits the explanation of the terms of the agreement to persons mentioned in paragraph 170LR(2) and part 5.7 in the statutory declarations filed by the parties in support of the application did take place in ways which were appropriate having regard to persons' particular circumstances and needs.

PN14

In regard to section 170LT(8), the agreement includes procedures for preventing and settling disputes about matters arising under the agreement and those procedures are detailed in clause 15 of the agreement. Also the agreement specifies 7 September 2005 as the nominal expiry date of the agreement consistent with section 170LT(10). Further, the union submits the agreement satisfies section 170LT(2), the no disadvantage test, by ensuring that no employee be disadvantaged as a result of the agreement.

PN15

Accordingly, the union submits that the application meets the necessary requirements specified in section 170 of the Act for certification of the agreement, and finally we ask that the agreement be certified by the Commission effective from today's date. If the Commission please.

PN16

THE DEPUTY PRESIDENT: Thanks, Mr Cole. Ms Nunn.

PN17

MS NUNN: We also seek certification of the agreement as per today's date and all the information is as per the stat dec.

PN18

THE DEPUTY PRESIDENT: Yes, thanks, Ms Nunn.

PN19

Yes, I am satisfied that the documentation that has been provided in support of this application complies with all relevant requirements of the Act, and based upon the submissions of both parties here today and based upon that documentation, I will certify the Sodexho Food and Management Services (Ford Broadmeadows and Geelong Sites Only) Enterprise Bargaining Agreement 2002 with effect from today's date. The agreement will expire on 7 September 2005.

PN20

The matter is adjourned. Thank you.

ADJOURNED INDEFINITELY [11.35am]