AG2003/7618, Transcript of Proceedings [2003] AIRCTrans 4597 (15 October 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

MUNRO J

AG2003/7618

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by Brambles Australia Limited for certification
of the Cleanaway Western Australia, Malaga Depot,
Maintenance Employees Agreement 2003

SYDNEY

2.17 PM, TUESDAY, 30 SEPTEMBER 2003

Adjourned sine die

THESE PROCEEDINGS WERE CONDUCTED BY VIDEO CONFERENCE IN SYDNEY

PN1

HIS HONOUR: This is matter AG 7618 of 2003. It is an application under 170LK of the Act lodged on 11 September by Brambles Australia Limited, trading as Cleanaway, seeking the certification of an agreement to be known as Cleanaway Western Australia Malaga Depot Maintenance Employees Agreement 2003. Could I have appearances please?

PN2

MS P. EGGINS: If it pleases the Commission, I appear for Brambles Australia on behalf of Cleanaway. I also have with me in Perth, MR M. MILENTIS.

PN3

MR J. MACDONALD: If it pleases the Commission, I appear for the employees of the Cleanaway Malaga Depot. Thank you your Honour.

PN4

HIS HONOUR: Yes, thank you. I note that the parties to the agreement are Brambles Australia Limited trading as Cleanaway and employees of the company who are employed in the maintenance workshop and associated work at the Malaga Depot.

PN5

Clause 5 of the agreement stipulates the coverage of the agreement which is in somewhat wider terms in one sense, this agreement shall apply in the State of Western Australia to employees of the company performing work within the scope of the Metal Trades General WA Award.

PN6

I construe the reference to employees of the company, as intended to identify the application of the part of the single business and the application of the agreement to particular employees meaning the words that appear in the preceding clause, clause 4:

PN7

Employees of the company means employees who are employed in the maintenance workshop and associated work carried out at the Malaga Depot Western Australia.

PN8

Is that the case, Ms Eggins?

PN9

MS EGGINS: Yes, that's correct, your Honour.

PN10

HIS HONOUR: I think that's the proper construction of it and I find that that is the application. The agreement is intended to apply to that part of Brambles Australia Limited trading as Cleanaway comprises the maintenance workshop and associated work at the Malaga Depot Western Australia, and particularly in relation to the employees as indicated within the scope of that award.

PN11

The agreement was approved on 4 September and lodged on 11 September. It's within time, there was no bargaining period. There are some sixteen employees said to be covered by the agreement. There is a minor difficulty with the ACN on the statutory declarations, the Australian Corporate Number is 060919164, that seems to be the ACN number for Enviroguard Pty Limited.

PN12

MS EGGINS: It is too, yes. My apologies for that, your Honour.

PN13

HIS HONOUR: The one we have for Brambles Australia Limited is 164938.

PN14

MS EGGINS: That's correct.

PN15

HIS HONOUR: Is that the correct one?

PN16

MS EGGINS: Yes, it is.

PN17

HIS HONOUR: Well we note that's the relevant corporation. I'm not sure whether the stat decs, I didn't check this myself before coming in, contain the notice of the making of the agreement. Was that supplied, the 170LK(4) notice, Ms Eggins, do you know? Do you have a copy of that?

PN18

MS EGGINS: I should have a copy here. I do.

PN19

HIS HONOUR: Perhaps I'll mark that as, if there is a copy there, as Brambles One.

EXHIBIT #BRAMBLES 1 170LK(4) NOTICE

PN20

HIS HONOUR: Mr Macdonald, I note that the document I've just had handed up is dated 18 August, it was a notice to workshop employees. In effect it gave a copy of the proposed agreement and said that there was to be a vote within fourteen days, that there was an opportunity for employees who were members of a union to request the union to represent you. You're aware of that notice, are you?

PN21

MR MACDONALD: Yes.

PN22

HIS HONOUR: The agreement, you are satisfied was made with the approval of a valid majority of employees at the work shop?

PN23

MR MACDONALD: Yes, your Honour it was. We all agreed on it.

PN24

HIS HONOUR: Yes, thank you. I note that Clause 8.2.4 is a qualified but unequivocal empowerment of the Commission where the qualification is met in relation to section 170LW of the Act and I record that I approve that empowerment as required under section 170LW. Otherwise I can indicate that I'm satisfied that the agreement meets the necessary requirements of the Act and Commission rules. I have perused the agreement. Did you wish to add anything, Ms Eggins?

PN25

MS EGGINS: Nothing further, your Honour.

PN26

HIS HONOUR: Yes, thank you. I think we might as well cut to the chase. On the basis of the statutory declarations filed, the content of the proposed agreement, and the clarifications made at hearing, I'm satisfied that the requirement of the Act and rules have been met. That satisfaction is founded on the scrutiny of the statutory declarations, the outcome of which is recorded in a checklist compiled by my associate and completed and signed by me following my perusal of the proposed agreement. That signed copy of the check list is retained as part of the file and as a component of the decision in this matter.

PN27

In accordance with section 170LT of the Act I certify as agreement 828347 in print 938084, the agreement as proposed. It has been signed, sealed and if Ms Eggins cares to wait I'm pretty sure we can give a copy of the signed and sealed document to her upon the rising of the Commission. We will undertake to forward one to you, Mr Macdonald, in due course.

PN28

I note in passing that it's a comprehensive agreement and relatively straightforward. There are I think some reductions of a minor character, there's a fifteen hour spread of hours, for instance, but there are twenty per cent over awards as the base rate, which are augmented by the arrangements and there appear to be compensations both for part-time or for casual workers and others that satisfy me. That's the no disadvantage test. I suppose I assume that maintenance workers of Cleanaway would have long established a reasonably powerful negotiating basis to ensure that they don't miss out on those arrangements.

PN29

So that completes the hearing. The agreement is certified. It will come into force with effect from today and remains in force I think it's to 31 December 2005. Thank you. The Commission will adjourn.

ADJOURNED INDEFINITELY [2.26pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #BRAMBLES 1 170LK(4) NOTICE PN20