AG2003/685, Transcript of Proceedings [2003] AIRCTrans 4598 (15 October 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2003/685, AG2003/686

APPLICATION FOR AGREEMENT ABOUT
INDUSTRIAL DISPUTE (DIVISION 3)

Application under section 170LS of the Act
by Australian Liquor, Hospitality and
Miscellaneous Workers Union - Northern
Territory Branch for certification of
Nhulunbuy Corporation Limited Enterprise
Agreement 2003

Application under section 170LS of the Act
by Australian Liquor, Hospitality and
Miscellaneous Workers Union - Northern
Territory Branch for certification of
Anyinginyi Congress Aboroginal Corporation
Enterprise Bargaining Agreement 2003-2006

DARWIN

9.48 AM, TUESDAY, 30 SEPTEMBER 2003

PN1

THE DEPUTY PRESIDENT: All right, there are two, I think, the Liquor Union is party to, so I will deal with those two. One is the application for the Nhulunbuy Corporation and the other is the Anyinginyi Congress Aboriginal Corporation. Could I take appearances please.

PN2

MS D. YALI: If it please the Commission, I am here on behalf of the Australian, Liquor, Hospitality and Miscellaneous Workers' Union in both matters.

PN3

THE DEPUTY PRESIDENT: Thank you. If we deal with the Nhulunbuy one first and then we can move on to the other. Before you start can I just say that we have had a facsimile from the Nhulunbuy Corporation advising that they will not be in attendance, but consent to the agreement being certified in their absence, and each of the parties were advised that the Commission had no questions that it wished to raise in respect to the agreements, so you can say whatever you like and make it brief.

PN4

MS YALI: Yes, I will, your Honour. This is an application pursuant to part VIB, Division 3, section 170(L)(S) of the Workplace Relations Act, to certify an agreement between Nhulunbuy Corporation Limited and the Australian, Liquor, Hospitality and Miscellaneous Workers' Union.

PN5

I understand the application to have the agreement certified was filed in the Commission within 21 days of the vote on the EBA. Your Honour, the agreement was made in accordance with section 170(L)(T), the document was circulated over the minimum of 14 days, by hard copy, to the employees before voting was conducted and there was a majority support from the employees who were employed at the time and who would be subject to the agreement who genuinely approved the agreement.

PN6

Workplace meetings were held between all the parties to discuss the terms for the certified agreement, and union officials and employer were available at all times for consultation and any issues that were raised by the staff. The dispute procedure provision is found at clause 3(1) and the certified agreement specifies the nominal expiry date as 30 June 2003. The Commission ought to be satisfied that - - -

PN7

THE DEPUTY PRESIDENT: 2006?

PN8

MS YALI: 2006, yes, 2006. Sorry, your Honour. The Commission ought to be satisfied that there is no reason why the agreement should not certified and that it satisfies the no disadvantage test. May it please the Commission.

PN9

THE DEPUTY PRESIDENT: All right, thank you. As I noted, the Commission has been through the agreement and there are no queries it wishes to raise and accordingly, this is an application pursuant to section 170(L)(S) for certification of the Nhulunbuy Corporation Limited Enterprise Agreement, 2003.

PN10

Parties to the agreement are the Nhulunbuy Corporation Limited, the Australian Hospitality and Miscellaneous Workers' Union and employees, whether members or not of that union, employed in classifications found in the agreement.

PN11

Each of the parties have provided the necessary statutory declarations and I am satisfied have met the requirements of the Act and accordingly the agreement will be certified and will come into effect from today's date and will remain in force until 30 June 2006. That agreement is certified.

PN12

The next one is the Anyinginyi Congress Aboriginal Corporation. I have not being able to pronounce something but I think it is a common problem.

PN13

MS YALI: It is a common problem in the Northern Territory.

PN14

THE DEPUTY PRESIDENT: Yes, but I try.

PN15

MS YALI: Yes. Thank you. This is an application pursuant part VIB, Division 3, section 170(L)(s) of the Workplace Relations Act, the certify the agreement between the Anyinginyi Congress Aboriginal Corporation, Australian Nursing Federation, or the Territory branch and the Australian Miscellaneous Workers' Union.

PN16

The agreement was certified and filed in the Commission within 21 days of a vote on the EBA. The agreement was made in accordance with section 170(L)(t) and the document was circulated over a minimum of 14 days before a vote was conducted and this was done by hard copy.

PN17

The union and the employer made themselves available and given that there is a high percentage of non English speaking background people in this workplace, the discussions were held in clear, plain English. The dispute procedure provision is found at clause 25 of the agreement and it specifies a nominal expiry date as three years from the date of certification.

PN18

The Commission ought to be satisfied that there is no reason why the agreement should not be certified and that it satisfies the no disadvantage test. May it please the Commission.

PN19

THE DEPUTY PRESIDENT: Thank you. Similarly to the previous matter, the parties to this agreement were advised that there are no queries which the Commission wished to raise. We have had advice from the Anyinginyi Congress Aboriginal Corporation that they will not be in attendance but agreed to certification in their absence.

PN20

Accordingly, the agreement can be certified. It is an application pursuant to section 170(L)(s) of the Workplace Relations Act for certification of the Anyinginyi Congress Aboriginal Corporation Enterprise Bargaining Agreement, 2003 to 2006. The parties to the agreement are the Anyinginyi Congress Aboriginal Corporation, the Australian Liquor, Hospitality and Miscellaneous Workers' Union and the Australian Nursing Federation.

PN21

Each has provided the necessary statutory declarations and accordingly I am satisfied have met the requirements of the Act. The agreement can be certified and will take effect from today's date and remain in force until 29 September 2006. Those two agreements are certified. Thank you.

ADJOURNED INDEFINITELY [9.54am]