AG2003/7747, Transcript of Proceedings [2003] AIRCTrans 5214 (27 November 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 5268

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2003/7747

APPLICATION FOR CERTIFICATION OF
AGREEMENT

Application under section 170LJ of the Act
by Australian Nursing Federation - Victorian
Branch and Others for certification of the
Ray M Begg Homes Inc, ANF and HSUA
Certified Agreement 2002

MELBOURNE

2.48 PM, MONDAY, 10 NOVEMBER 2003

PN1

MS L. KELLY: I appear for the Australian Nursing Federation.

PN2

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

PN3

MR P. EBERHARD: I am appearing on behalf of Ray M Begg Homes Incorporated from VECCI.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes?

PN5

MS KELLY: Thank you, your Honour. This agreement was lodged in time, I am pleased to say

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, good to see.

PN7

MS KELLY: This is an application under division 2 of part VIB of the Workplace Relations Act to certify an agreement pursuant to section 170LJ. The title of the agreement is Ray M Begg Homes Inc, Australian Nursing Federation and Health Services Union of Australia Certified Agreement 2002. The parties to the agreement are Ray M Begg Homes Inc, the Australian Nursing Federation and the Health Services Union of Australia. The agreement was approved by a valid majority of employees on 11 September of this year.

PN8

The employees had the opportunity 14 days prior to the ballot to have copies of the agreement and to have the terms of the agreement explained to them by the management or the unions as they chose. The agreement contains improvements including a pay increase each year of the agreement and other benefits. There is a dispute settling procedure in the agreement at clause 35 of the agreement. There is one matter that I would like to draw to your Honour's attention with the agreement.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes?

PN10

MS KELLY: At clause 35 and 36 of the agreement, on checking these documents on Friday of last week I noticed that at clause 35.6 through to 36.7 there are some tracked changes on the agreement submitted. I am not sure how that might have occurred. I suspect in the collating of the documents prior to them being signed that that error has occurred. If the Commission requires it, VECCI has suggested that they can provide two clean pages via e-mail this afternoon as replacements for these two pages if you think that necessary.

PN11

THE SENIOR DEPUTY PRESIDENT: Are the clauses correct as they are, apart from the underlining?

PN12

MS KELLY: Yes, your Honour.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes, well, it is not necessary to replace them in the document that I am certifying. It may be desirable to replace them in the documents that are being displayed.

PN14

MS KELLY: Thank you, your Honour. I have nothing much further to say other than the agreement has a nominal expiry date not more than three years after it comes into operation and the ANF would rely on the statutory declaration as submitted. And we request that, subject to any questions you might have, this agreement be certified effective from the date of day. If the Commission pleases.

PN15

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

PN16

MR YIANOULATOS: Yes, sir, for the reasons as spelt out by Ms Kelly we support the application. We believe that it satisfies the no disadvantage test in certification of the agreement and we rely upon the statutory declaration of Craig Thompson which was prepared on 9 October 2003. That spells out our position, sir. Thank you.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes, I will certify the agreement for reasons similar to those that I have previously enunciated in the other matters.

ADJOURNED INDEFINITELY [2.53pm]