AG2003/6904, Transcript of Proceedings [2003] AIRCTrans 4883 (6 November 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 5067

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2003/6904

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Australian Nursing Federation -
Victorian Branch and Others for
certification of the Allanvale Private
Nursing Home and the Australian Nursing
Federation and Health Services Union of
Australia Certified Agreement 2002-2005

MELBOURNE

10.53 AM, MONDAY, 20 OCTOBER 2003

PN1

MS L. KELLY: I appear on behalf of the Australian Nursing Federation.

PN2

MR J. YIANOULATOS: I appear on behalf of the Health Services Union.

PN3

MR A. HOLMES: I seek leave to appear on behalf of Allanvale Private Nursing Home in this matter.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes, leave is granted.

PN5

MR HOLMES: Thank you, sir.

PN6

THE SENIOR DEPUTY PRESIDENT: Ms Kelly.

PN7

MS KELLY: Thank you, your Honour. Again I will need to deal with this matter in the same terms as the one previously with respect to the amended application for an agreement under section 170LS of the Workplace Relations Act and I have copies of that amended application that I can hand up.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes, thank you.

PN9

MS KELLY: It was put in by the ANF to the Registry on 16 October.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes. Well, I will receive that application and, therefore, it will be placed on the file.

PN11

MS KELLY: Again with respect to the statutory declarations our records indicate that the employer's statutory declaration was lodged by the ANF along with our own. If the Commission has no record of that I am advised that Mr Holmes- - -

PN12

THE SENIOR DEPUTY PRESIDENT: I have now been provided with a copy of the statutory declaration.

PN13

MS KELLY: You have, okay. Thank you, your Honour, I will continue. This is an application under division 3 of part VIB of the Workplace Relations Act to certify an agreement under section 170LS between an employer and organisations of employees. This agreement is similar to other agreements certified by the Commission. Parties to the agreement are the employer, Allanvale Private Nursing Home, the Australian Nursing Federation and the Health Services Union of Australia. The title of the agreement is Allanvale Private Nursing Home and the Australian Nursing Federation - Victorian Branch and Health Services Union of Australia - Victoria No. 1 Branch - Certified Agreement 2002-2005.

PN14

The agreement was approved by a valid majority of employees on 3 August. The agreement covers 46 employees. That was the number at the time of the ballot. Copies of the agreement were circulated to all employees at least 14 days prior to the ballot. They had opportunity to ask questions about the agreement to both management and to their respective unions. The agreement contains improvements to award conditions without any disadvantages to employees. It provides for a pay increase each year of the agreement, additional experience payments and other benefits. The relevant awards are detailed in the statutory declaration. There is a dispute settling procedure in the agreement.

PN15

The agreement has an expiry date not more than three years after it comes into operation and the ANF would rely on the statutory declaration for all aspects relating to this application. With respect I need also to mention clause 1.4 of the statutory declaration in which ANF have ticked yes. We would rely on the employer's statutory declaration that this agreement would apply to the whole of the business rather than a single part of the business. Given these circumstances, unless your Honour has questions to the ANF we would request that this agreement be certified from today's date in the terms sought. If the Commission pleases.

PN16

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Mr Yianoulatos.

PN17

MR YIANOULATOS: Yes, your Honour. For the same reasons the Health Services Union supports the application and we rely upon the statutory declaration of Craig Thompson sworn 26 August 2003. I may also indicate, sir, we rely upon the employer's statutory declaration. We have also inadvertently ticked the box yes for 1.4 - that is that it forms part of a single business is not correct; that should be the whole of the business. For those reasons, sir, we support the application.

PN18

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Holmes.

PN19

MR HOLMES: Thank you, your Honour. I don't think there is any reason for me to make any further submissions to your Honour in respect of this matter. We would support the submissions made by the two union parties to this agreement and would submit that there are no other reasons why the Commission should not certify this agreement as of today. Thank you, your Honour.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. I will certify this agreement for the reasons that I gave in the previous matter.

ADJOURNED INDEFINITELY [10.58am]