AG2003/7492, Transcript of Proceedings [2003] AIRCTrans 4709 (23 October 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 4956

~~AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2003/7492

APPLICATION FOR AN AGREEMENT ABOUT
INDUSTRIAL DISPUTE (DIVISION 3)

Application under section 170LS of the Act
by Laminex Group Limited trading as The Laminex
Group and Another for certification of
The Laminex Group Ballarat Decorating Plant
Agreement 2003

MELBOURNE

11.13 AM, WEDNESDAY, 8 OCTOBER 2003

PN1

MR J. HOY: I appear for the Australian Industry Group, on behalf of Laminex Group Ltd.

PN2

MR R. LOWE: I appear on behalf of the Construction, Forestry, Mining and Energy, Forestry Division.

PN3

MS R. JASTRZEBSKI: I appear on behalf of the Australian Manufacturing Workers Union.

PN4

THE SENIOR DEPUTY PRESIDENT: Mr Hoy?

PN5

MR HOY: Thank you, your Honour. This is an application under Division 2 of the Act, for the certification of an agreement made between the AMWU, the CEPU and the CFMEU, on behalf of employees covered by the Timber and Allied Industries Award, and the Metals, Engineering and Associated Industries Award. I would also ask for the Commission to exercise its discretion under section 111(1)(r) of the Act, to extend the 21 day limit. The agreement was approved by a valid majority of employees on 15 July, but not filed until 10 September.

PN6

The delay was as a result of awaiting AMWU statutory declarations to be returned. I can assure the Commission that there has been no change in employee numbers in the intervening period. The statutory declarations submitted, we believe address all the requirements of the Act, regulations and rules of the Commission. The agreement does not disadvantage employees covered by it. Access to the agreement occurred in an appropriate manner. It contains a dispute settlement procedure at clause 25.

PN7

The period of operation is set out in clause 5, where it states the agreement will expire on 31 March 2006. As with the previous matter, your Honour, I have a small variation to one of the clauses in the agreement that I would hand up. It is in relation to clause 45, the no extra claims clause.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes.

PN9

MR HOY: It is the third paragraph, your Honour, and there are a number of words added which are, I think, in red on the document that I have handed up. It is just to clarify that no extra claims clause will apply for the life of the agreement.

PN10

THE SENIOR DEPUTY PRESIDENT: Right. Unfortunately the replacement page you have provided doesn't provide clause 43.

PN11

MR HOY: No, it doesn't, your Honour.

PN12

THE SENIOR DEPUTY PRESIDENT: Just do it again and provide it to me, Mr Hoy.

PN13

MR HOY: I will, yes. Your Honour, with those changes we would ask that you certify the agreement as sought. If the Commission pleases.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes.

PN15

MR LOWE: If the Commission pleases, we are quite happy to agree and concur with the AIG for the certification of the agreement.

PN16

THE SENIOR DEPUTY PRESIDENT: Thank you. Ms Jastrzebski?

PN17

MS JASTRZEBSKI: Your Honour, the AMWU supports the certification of the agreement and the submissions already made, and also the request for an extension of time to be granted. We do believe the requirements of the Act have been met, and we would ask this agreement be certified. If your Honour pleases.

PN18

THE SENIOR DEPUTY PRESIDENT: Having regard to the material contained on the file in this matter, and also the submissions put to me, I am satisfied I should grant the necessary extension of time for the lodgment of the application in this matter. I am also satisfied I should certify the agreement known as The Laminex Group Ballarat Decorating Plant Agreement 2003. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations. The certification of the agreement will come into force from today's date and remain in force until 31 March 2006.

ADJOURNED INDEFINITELY [11.18am]