AG2003/7189, Transcript of Proceedings [2003] AIRCTrans 4880 (5 November 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
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TRANSCRIPT OF PROCEEDINGS


O/N 5114

A 5.11.03

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2003/7189

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Tower Tech Pty Ltd and Others for
certification of the Tower Tech (Altona
Area) Certified Agreement 2003-2006

MELBOURNE

10.54 AM, WEDNESDAY, 8 OCTOBER 2003

PN1

MR J. HOY: For the Australian Industry Group on behalf of Tower Tech Pty Ltd.

PN2

Mr C. WINTER: I appear for the Australian Workers Union.

PN3

MS R. JASTRZEBSKI: I appear for the Australian Manufacturing Workers Union.

PN4

THE SENIOR DEPUTY PRESIDENT: Mr Hoy?

PN5

MR HOY: Your Honour, this is an application under section 170LJ for the certification of an agreement reached between the company, the AMWU and the AWU on behalf of employees covered by the Metal Engineering 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 28 July but was not filed until 3 September. The delay was as a result of a delay in receiving the documents back from the relevant unions.

PN6

There has been no change to employee numbers in the intervening period. The statutory declaration submitted addresses all the requirements of the Act, regulations and rules of the Commission. The agreement contains a dispute settlement procedure in clause 21. The period of operation is set out in clause 5 where it states the agreement will expire on 31 March 2006. We therefore request the Commission certify the agreement in the terms sought. If the Commission pleases.

PN7

THE SENIOR DEPUTY PRESIDENT: Mr Winter?

PN8

MR WINTER: Thank you, your Honour, yes, I would support the submissions put forward by the AIG in this matter and I also support their application for an extension of time in relation to the matter. Clearly, it was administrative problems from our end that resulted in the late lodging. I rely on the statutory declaration in relation to this matter and seek certification from today's date.

PN9

THE SENIOR DEPUTY PRESIDENT: Ms Jastrzebski?

PN10

MS JASTRZEBSKI: Your Honour, the AMWU concurs with the submissions already made and we would also request an extension of time be granted. We believe the requirements of the Act have been met and we wish to see the agreement certified, if your Honour pleases.

PN11

THE SENIOR DEPUTY PRESIDENT: Well, 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 Tower Tech (Altona Area) Certified Agreement 2003-2006. 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 [10.58am]