AG2003/7046, Transcript of Proceedings [2003] AIRCTrans 4725 (24 October 2003)

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TRANSCRIPT OF PROCEEDINGS

O/N 9831

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2003/7046

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LS of the Act
by the Construction, Forestry, Mining and Energy
Union - Construction and General Division,
Tasmanian Divisional Branch and R.J. Welsh and
Son Pty limited for certification of the R.J. Welsh
and Son Pty limited Enterprise Agreement 2003-2005

HOBART

2.55 PM, THURSDAY, 9 OCTOBER 2003

PN1

MR T. BENSON: I appear on behalf of the Construction, Forestry, Mining and Energy Union.

PN2

THE DEPUTY PRESIDENT: Thank you. Again I note there is no representative from the company. They have been properly notified and we are well behind scheduled hearing time but as I have noted previously, this is an agreement, I can't imagine there would be any reason why they would not be consenting to it. Once again I have been through the agreement and the union has agreed with a couple of issues that I have raised and I am now satisfied that the agreement can be certified. The only thing I need to clarify is once again the dispute settlement procedure. I understand the intent of the parties is that the Commission will be given the power to arbitrate in the event of a dispute not resolved through conciliation. That is correct?

PN3

MR BENSON: That is correct, Deputy President.

PN4

THE DEPUTY PRESIDENT: All right, thank you. Other than that there are no queries with the agreement and it can be certified. The parties to the agreement are R.J. Welsh and Son Pty limited and the CFMEU and employees covered by the classifications found therein. The agreement will be known as the R.J. Welsh and Son Pty limited Enterprise Agreement 2003-2005. Each of the parties has provided statutory declarations. Having read those I am now satisfied that the agreement can be certified.

PN5

An order will issue to take effect from today's date and to remain in force until 15 October 2005. I note this agreement came into effect on the date of signing, which was 15 August 2003. That agreement is hereby certified. Thank you. Those matters are adjourned.

PN6

MR BENSON: Can I just state, Deputy President, the CFMEU refers to the Tasmanian Branch?

PN7

THE DEPUTY PRESIDENT: Oh yes, in each case. The agreements do say that. I don't say that because I took it for granted but one shouldn't do that. Yes, CFMEU Tasmanian Branch is noted.

ADJOURNED INDEFINITELY [2.56pm]