AG2003/7374, Transcript of Proceedings [2003] AIRCTrans 4981 (11 November 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

AG2003/7374

APPLICATION TO TERMINATE AGREEMENT
(PUBLIC INTEREST)

Application under section 170MH of the Act
by City of Norwood Payneham and St Peters
re termination of the Cities of Kensington
and Norwood, Payneham and St Peters Amalgamation
Agreement 1997

ADELAIDE

11.38 AM, TUESDAY, 28 OCTOBER 2003

PN1

MS L PERPETUA: LUCY PERPETUA from the City of Norwood Payneham and St Peters.

PN2

MR F. MATEOS: I appear on behalf of the Australian Workers' Union, sir.

PN3

MR G. WILLCOX: I appear for the Australian Services Union.

PN4

THE SENIOR DEPUTY PRESIDENT: Now, Ms Perpetua, you have got your opportunity to tell me why it is you are here and what it is you want me to do.

PN5

MS PERPETUA: We are seeking to terminate the AWU Amalgamation Agreement for the City - the City of Norwood Payneham and St Peters are seeking to terminate the Amalgamation Agreement. The Agreement covered employee arrangements in respect of the amalgamation of the former Cities of Payneham St Peters and Kensington and Norwood on 1 November 1997. Subsequent certified agreements have been negotiated covering the employees affected by the amalgamation and the amalgamation agreements were negotiated to cover the employees affected. The nominal expiry date is long past and the agreement no longer has relevance and the clauses originally from that agreement have all been transferred over to the current enterprise agreements that exist.

PN6

THE SENIOR DEPUTY PRESIDENT: I see.

PN7

MS PERPETUA: So we've actually advised the AWU representatives of what we are seeking to do today and they have consented.

PN8

THE SENIOR DEPUTY PRESIDENT: Ms Perpetua, am I to understand that what is driving this application is simply a desire to tidy up the arrangements to which the council is party?

PN9

MS PERPETUA: Respectfully, it is, sir. Yes.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes. Though effectively, what you are saying to me is that all of the provisions - the relevant provisions in this old agreement - have now been absorbed in one way, shape or form by the relevant agreements applicable to the City of Norwood Payneham and St Peters.

PN11

MS PERPETUA: Yes, it is, sir.

PN12

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN13

MS PERPETUA: Specifically, the second agreement has tidied up all of those arrangements.

PN14

THE SENIOR DEPUTY PRESIDENT: The second agreement.

PN15

MS PERPETUA: Yes, the first EB agreement that was formed, not all of the clauses were transferred.

PN16

THE SENIOR DEPUTY PRESIDENT: Yes, I see.

PN17

MS PERPETUA: The redundancy cum maintenance clause was not transferred, but we have since ensured that that has been included in the second agreement which was negotiated in 2000. So in order to tidy up the paperwork, we are seeking to terminate that original amalgamation.

PN18

THE SENIOR DEPUTY PRESIDENT: I see. Can you tell me when that 2000 agreement expires?

PN19

MS PERPETUA: It is actually due to expire on 1 November this year.

PN20

THE SENIOR DEPUTY PRESIDENT: I see.

PN21

MS PERPETUA: We are currently negotiating the third agreement.

PN22

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Mateos?

PN23

MR MATEOS: Sir, I agree with everything my friend had to say. The negotiations have taken place for the current agreement. All the relevant clauses that we felt were necessary to be transferred are in the current City of Norwood Payneham St Peters AWU Enterprise Agreement and we consent to the termination of the Amalgamation Agreement, sir.

PN24

THE SENIOR DEPUTY PRESIDENT: Thank you. The ASU position?

PN25

MR WILLCOX: Sir, I think I may have come to appear on the next agreement.

PN26

THE SENIOR DEPUTY PRESIDENT: I see.

PN27

MR WILLCOX: I have no part in this one.

PN28

THE SENIOR DEPUTY PRESIDENT: Your heart stopped racing, you never know you are not late, but you are instead early.

PN29

MR WILLCOX: Indeed, sir. I heard Norwood St Peters and my heart leapt to my mouth.

PN30

THE SENIOR DEPUTY PRESIDENT: Very well. On the basis of what I've been told, I'm satisfied that the conditions set out in section 170MH have been met, such that the application has been made by the employer. The AWU have advised of its views about the issue and I'm satisfied that on the basis of the provisions of the current certified agreement applicable to the City of Norwood Payneham and St Peters, that the termination of this certified agreement would not be contrary to the public interest.

PN31

Accordingly, I will terminate the agreement known as the Cities of Kensington and Norwood Payneham and St Peters Amalgamation Agreement 1997 with effect from today, the order giving effect of that termination will be sent out to the parties within the next few days. Very well, I will adjourn the matter on that basis.

ADJOURNED INDEFINITELY [11.43am]