AG2003/9252, Transcript of Proceedings [2003] AIRCTrans 5197 (27 November 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 5248

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

AG2003/9252

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of
the Act by Cryovac Australia Pty
Ltd and Others for certification
of the Cryovac Australia Pty Ltd
(Tullamarine Site) Enterprise
Agreement 2003

MELBOURNE

10.30 AM, MONDAY, 10 NOVEMBER 2003

PN1

THE COMMISSIONER: Ms Jastrzebski, you represent the AMWU in this matter?

PN2

MS JASTRZEBSKI: That is right, Commissioner. I am not sure whether the ETU have provided the Commission with a statutory declaration today.

PN3

THE COMMISSIONER: No, they haven't, nor have they signed the agreement. Do we know why?

PN4

MS JASTRZEBSKI: I have no idea, Commissioner. They were involved in the negotiations. I received a copy of the employer's stat dec to copy the answers from in terms of the award's coverage and details of who to contact and things and I noted that as it had come from the employer they would have sent copies to each party. When I lodged this I asked whether there was an ETU file to connect this up with and there wasn't in Registry. I wrote to the EBA administrator at the ETU directly and asked them - I sent a copy of our stat dec, one that I had prepared for Dean Mighell's signature, and a copy of the agreement, and asked them to also either deliver it to the Commission directly or to me to add to the file, but I have not heard back or received any mail I am afraid.

PN5

THE COMMISSIONER: Right. Well, there are two things. One is it requires a section 111(1)(r) and the second issue is there is no stat dec and no signature from the ETU. In terms of the section 111(1)(r) are you aware that there hasn't been a change to the workforce to the extent that if a vote were taken now it may result in a different outcome?

PN6

MS JASTRZEBSKI: Yes, I am actually, Commissioner. I got in touch with the organiser responsible because of the delays. Things slow down at our end also because this is another cross-divisional agreement. It covers the T and S or Technical and Supervisory Division and also the Metals Division, so it needed divisional secretaries to approve it prior to Dave Oliver signing and the Metal Division organiser has been in contact with the steward and assures me there has been no change to the composition of the workforce. It was purely our internal administrative processes that slowed the application being lodged down. So we would request an extension of time if that is acceptable, Commissioner.

PN7

THE COMMISSIONER: All right. In terms of the ETU what the Commission will do, firstly, it will grant the extension of time in which the application for certification had to be made. It is happy that the requirements of the Act have been met in terms of the AMWU and Cryovac. It will certify the agreement which is to operate from 1 July 2003 and will expire on 30 June 2006. It won't issue the paperwork for the agreement. It will provide a week. If you could pass on to the ETU, Ms Jastrzebski, that unless I get a signature and a statutory declaration - I will certify the agreement but the ETU will not be parties to the agreement.

PN8

MS JASTRZEBSKI: Yes, absolutely. Thank you, Commissioner.

PN9

THE COMMISSIONER: Thank you for that.

ADJOURNED INDEFINITELY [10.33am]