AG2003/705, Transcript of Proceedings [2003] AIRCTrans 501 (14 February 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BACON

AG2003/705
CA17/03

APPLICATIONS FOR CERTIFICATION OF AGREEMENT

Applications under section 170LS of the Act by
Ipswich City Council, Australian Municipal, Administration,
Clerical and Services Union, and Association of Professional
Engineers, Scientists and Managers, Australia, re the
Ipswich City Council Certified Enterprise Agreement 2002

BRISBANE

9.33 AM, FRIDAY, 31 JANUARY 2003

PN1

THE COMMISSIONER: These are joint sittings of the Queensland Industrial Relations Commission and the Australian Industrial Relations Commission. There is a matter called in each of those Commissions. Could I take the appearances, please.

PN2

MR R. BEER: Thank you, Commissioner. My name is Beer, R. I appear for the Ipswich City Council in this matter - in fact, in both matters.

PN3

THE COMMISSIONER: Very well. Thank you, Mr Beer.

PN4

MS M. AUSTIN: Thank you, Commissioner. My name is Austin, M., and I appear for the Construction, Forestry, Mining and Energy Union as well as the Federated Engine Drivers and Firemen's Association of Australasia, and I appear in the state matter.

PN5

THE COMMISSIONER: Very well. Thank you, Ms Austin.

PN6

MS K. NELSON: Good morning, Commissioner. My name is Kath Nelson. I appear on behalf of the Australian Services Union for certification of the federal agreement.

PN7

THE COMMISSIONER: Thank you, Ms Nelson.

PN8

MS Y. D'ATH: If the Commission pleases, D'Ath, Y., on behalf of the Australian Workers Union of Employees, Queensland, appearing in matter CA17 of 2003.

PN9

THE COMMISSIONER: Thank you, Ms D'Ath.

PN10

MS K. ALLEN: If it pleases the Commission, my name is Allen, K. I appear on behalf of the AMEPKIU and the AFMEPKIU for both state and federal matters.

PN11

THE COMMISSIONER: Very well. Thank you, Ms Allen.

PN12

MS C. KING: If it pleases the Commission, my name is King, C., and I appear for the Association of Professional Engineers, Scientists and Managers in the federal matter.

PN13

THE COMMISSIONER: Thank you, Ms King.

PN14

MS J. SLOWGROVE: May it please the Commission, Slowgrove, J. I appear for the Electrical Trades Union of Employees of Australia, Queensland Branch, in the state matter, CA17, I believe.

PN15

THE COMMISSIONER: Thank you, Mr Slowgrove. I should also indicate that there is on the bench file in the Queensland Industrial Relations Commission matter a letter from the Queensland Nurses Union which indicates what I might describe as brief submissions which go to supporting the certification of the agreement and also offering the QNUs apologies for their inability to attend this morning's proceedings. Mr Beer.

PN16

MR BEER: Thank you, Commissioner. The Local Government Association - in fact, we didn't file this material in the registry, either state or federal. The Council attended to that, and it requested that I attend the hearing today to ensure as best I am able to that the agreement in both jurisdictions is in fact certified. The information provided me by the Council based on what they filed, Commissioner - and it should appear in your bench file - should contain in the case of the filing in the Australian Industrial Relations Commission a statutory declaration which has been sworn by Mr Jamie Quinn, who is the CEO at Ipswich City Council, and I seek to rely on the contents of that declaration to support the certification of the agreement this morning.

PN17

In relation to material filed in the Queensland Industrial Relations Commission registry under the format there, which is form 40, in attachment B there is an affidavit which likewise has been sworn by Mr Jamie Quinn, who is CEO at the Council, and I seek to rely on the contents of that material also to support the certification of the agreement.

PN18

Commissioner, I draw your attention to some of the provisions in the agreement that are relevant to your consideration. In the first instance, there would be at clause 2 a date and period of operation clause, which certainly on my reading has the agreement expiring on 1 October the year 2005. At clause 16, there is agreements and dispute settlement procedure as required under the legislation, and at clause 24 you will find a regime of salary increases to accredited employees over the term of the agreement. I will leave any submissions in relation to no-disadvantage test to the unions to make, but certainly my information from the Council and my scrutiny of the agreement suggests that that test is met.

PN19

Commissioner, I have really no other submissions to make about this agreement and would simply commend it to you this morning for certification. May it please the Commission.

PN20

THE COMMISSIONER: Thank you, Mr Beer. Ms Austin.

PN21

MS AUSTIN: Thank you, Commissioner. I concur with the submissions made by Mr Beer and believe that this agreement has met all requirements of the Act, or the appropriate Act, and commend the agreement for certification. Thank you.

PN22

THE COMMISSIONER: Thank you, Ms Austin. Ms Nelson.

PN23

MS NELSON: Thank you, Commissioner. We would simply submit, Commissioner, that all the relevant requirements of the Act have been satisfied as evidenced and supported by statutory declaration filed in the Commission by the Australian Services Union. We also submit that the agreement, if certified, would pass the no-disadvantage test and therefore request that the agreement be certified effective today.

PN24

THE COMMISSIONER: Thank you, Ms Nelson. Ms D'Ath.

PN25

MS D'ATH: If the Commission pleases, the AWU also concurs with those submissions made by the LGA and rely on the affidavit that's been provided by the Council in support of the submissions that the agreement meets the relevant provisions of the Industrial Relations Act. We also note that the agreement replaces a previous agreement, being CA 41068 of 2000. Based on those submissions, the AWU would ask that the agreement be certified from today's date, if the Commission pleases.

PN26

THE COMMISSIONER: Thank you, Ms D'Ath. Ms Allen.

PN27

MS ALLEN: If it pleases the Commission, I concur with the other submissions made today. We also believe that the agreement satisfies all requirements of the Act and commend the agreement to be certified from today's date.

PN28

THE COMMISSIONER: Thank you, Ms Allen. Ms King.

PN29

MS KING: Thank you, Commissioner. I would concur with the comments of my colleagues and simply add that the Association's members have been consulted on the document and have voted in favour of it. We therefore seek the certification as of today's date. May it please the Commission.

PN30

THE COMMISSIONER: Very well. Thank you. Mr Slowgrove.

PN31

MR SLOWGROVE: Yes, Commissioner. The Electrical Trades Union also believes that all the requirements of the Act have been met, and we would seek that the agreement CA17 be certified.

PN32

THE COMMISSIONER: Very well. Thank you. I note that the agreement was lodged for certification outside the 21-day limit that's prescribed by both statutes. I intend to use the powers provided to extend that statutory timeframe unless I hear any objection to that course from the bar table. Not surprisingly, there are none. Therefore, the period for the making of this agreement and lodging it for certification pursuant to the two Acts is hereby extended by the period necessary to make the applications before the Commissions valid.

PN33

In relation to the two agreements themselves, I am satisfied that each of them on its own satisfies the statutory test that each of them must pass, and I am also satisfied that the relevant rules of the federal Commission have been met. It is therefore my intention to certify both of these agreements. They, in each case, will come into effect from today and in each case will carry a nominal expiry date of 1 October 2005. Adjourn the Commission.

ADJOURNED INDEFINITELY [9.41am]