AG2003/7475, Transcript of Proceedings [2003] AIRCTrans 5050 (11 November 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Suite 25, Trafalgar Centre 108 Collins St HOBART Tas 7000
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 9887

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2003/7475

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by the George Town Council for certification
of the George Town Council Cleaners Enterprise
Bargaining Agreement 2002

LAUNCESTON

110 PM, THURSDAY, 30 OCTOBER 2003

PN1

MR A. CAMERON: I appear on behalf of the George Town Council for the Tasmanian Chamber of Commerce and Industry. With me is MR J. AYRES.

PN2

THE DEPUTY PRESIDENT: Thank you, and Ms Sherrin and Ms Cross are appearing for the employees?

PN3

MS SHERRIN: We are.

PN4

MS CROSS: We are.

PN5

THE DEPUTY PRESIDENT: Good. You are the ones I interrogate. Mr Cameron?

PN6

MR CAMERON: Yes, thank you, Deputy President. This is an application under section 170LK for the approval of the George Town Council Cleaners Enterprise Agreement 2002. Deputy President, this is the second such agreement between the parties and the same employees are involved in this agreement as were in the last which expired on 2 May 2003 and the application has a - the new agreement has a commencement date to have effect from that date to remain in force for a period of three years.

PN7

There have been some substantial additions to the previous agreement and they basically run from clause 11 onwards, in that there is now provision in the agreement to cover scheduled leave, annual recreational leave loading, sick leave provisions, compassionate leave, make available the use of salary sacrifice for the employees, certain benefits under the council's health and fitness policy, there is now a redundancy provision in the agreement as well.

PN8

These are all additional benefits to the employee and bring the agreement more into line with the existing George Town Certified Agreement covering the rest of the indoor and outdoor staff. Deputy President, a secret ballot was held for the approval of this agreement and a copy of the returning officer's report was with the application and that was run on 3 July 2002 by a secret ballot and both the employees voted in favour of the agreement.

PN9

A dispute settlement clause is at clause 19 and we would submit that the agreement meets the requirements of the Act and we recommend it for approval.

PN10

THE DEPUTY PRESIDENT: A couple of questions.

PN11

MR CAMERON: Yes.

PN12

THE DEPUTY PRESIDENT: These are part-time employees, I understand?

PN13

MR CAMERON: Yes. There is a provision for hours - - -

PN14

THE DEPUTY PRESIDENT: Twenty-six, I think, is it?

PN15

MR CAMERON: - - - 26 per week.

PN16

THE DEPUTY PRESIDENT: The application is 47 days out of time. It could be 46 and it could be 48, I can't remember whether I took it as 14 or 15, but anyway, could you just give me some explanation as to that; (a) whether the make-up of the employees has changed in that period or whether there was any industrial action during the making of the agreement?

PN17

MR CAMERON: As far as I am aware there is no change in the employees. These two employees were the same two parties to the last agreement as well and there was no industrial action in relation to the negotiations or otherwise of the enterprise agreement. I think it was more just administrative problems in getting the document to the Commission.

PN18

THE DEPUTY PRESIDENT: It usually is. I am prepared to exercise my discretion pursuant to section 111R I think it is, and extend the date of lodgment. The only other question was that it comes into effect from 2 May 2002; that is correct, is it?

PN19

MR CAMERON: Yes, thank you.

PN20

THE DEPUTY PRESIDENT: It goes back so it picks up from the expiry of the previous one?

PN21

MR CAMERON: Existing, yes.

PN22

THE DEPUTY PRESIDENT: All right. Okay, now you two. You understand what the agreement says, what it is intended to do?

PN23

MS CROSS: Certainly do.

PN24

MS SHERRIN: Mm hm.

PN25

THE DEPUTY PRESIDENT: What your obligations and responsibilities are?

PN26

MS CROSS: Yes.

PN27

THE DEPUTY PRESIDENT: And you entered into this of your own free will, you weren't coerced or bludgeoned or - - -

PN28

MS CROSS: No.

PN29

THE DEPUTY PRESIDENT: No. It is nothing personal. Well, the Act seems to infer that unless you are represented by an employee organisation you don't actually know what you are doing. I don't agree, but I have a responsibility to make sure that you understand what it is that you are signing up to and that you did so without any duress, and I am satisfied that is the case. You all look too nice to be involved in such nonsense.

PN30

MR CAMERON: I will remember that quote.

PN31

THE DEPUTY PRESIDENT: I didn't include Mr Cameron in that, I was talking about the people who did the negotiations. All right. Other than that I have no queries about the actual content of the agreement. I have been through it and I am satisfied that it can meet the requirements of the Act. Accordingly, this is an application pursuant to section 170LK of the Workplace Relations Act for certification of an agreement to be known as the George Town Council Cleaners Enterprise Bargaining Agreement 2002.

PN32

The parties to the agreement are the George Town Council and those employees covered by the classification found therein. The necessary statutory declarations have been provided and I am satisfied that the application meets the requirements of the Act and accordingly the agreement will be certified. An order will issue to take effect from today's date and remain in force until 1 May 2005. I note, however, the agreement came into effect from 2 May 2002. That agreement is hereby certified. Well done, thank you.

PN33

MR CAMERON: Thank you.

PN34

MS CROSS: Thank you.

PN35

THE DEPUTY PRESIDENT: That matter is adjourned.

ADJOURNED INDEFINITELY [1.15pm]