AG2003/9222, Transcript of Proceedings [2003] AIRCTrans 5297 (2 December 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 5321

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2003/9222

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by Churches of Christ Community Care for
certification of the Churches of Christ
Community Care (Gyton House) Salary
Packaging Agreement 2003

MELBOURNE

10.37 AM, THURSDAY, 13 NOVEMBER 2003

PN1

MR M. RAHILLY: I seek leave to appear for the employer in relation to this matter.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, leave is granted, Mr Rahilly. I notice there is a 170XF application as well.

PN3

MR RAHILLY: Yes, there is, your Honour.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes.

PN5

MR RAHILLY: Yes.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, if you would address that first.

PN7

MR RAHILLY: The reason for the section 170XF application, your Honour, is that Churches of Christ is not named as a party to the Residential and Support Services Award, which is the relevant award for the employment of this class of employee.

PN8

THE SENIOR DEPUTY PRESIDENT: Is it a party to any award?

PN9

MR RAHILLY: It is a party to a number of awards, your Honour, but not this particular award in relation to the employment of this class of employees.

PN10

THE SENIOR DEPUTY PRESIDENT: Is it respondent to any awards in relation to the employment of this class of employees?

PN11

MR RAHILLY: No, your Honour.

PN12

THE SENIOR DEPUTY PRESIDENT: No, very well.

PN13

MR RAHILLY: No. So in fact the employer does apply in a de facto way in the terms of that particular award to the employment of these employees.

PN14

THE SENIOR DEPUTY PRESIDENT: What is the class of employment in respect of - - -

PN15

MR RAHILLY: Your Honour, that is spelled out in the statutory declaration, being persons - well, it does actually say this, but they are persons employed in community residential unit for disabled persons.

PN16

THE SENIOR DEPUTY PRESIDENT: I see, and the Residential and Support Services (Victoria) Award 1999 applies to that class of person.

PN17

MR RAHILLY: Applies to that class of employment, your Honour.

PN18

THE SENIOR DEPUTY PRESIDENT: Yes. I will make the determination as sought. I am satisfied and determine that the Residential and Support Services (Victoria) Award 1999 is an appropriate award to be used for the purpose of determining whether the Churches of Christ Community Care (Gyton House) Salary Packaging Agreement 2003 passes the no disadvantage test.

PN19

MR RAHILLY: Thank you, your Honour.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes.

PN21

MR RAHILLY: Your Honour, the agreement itself is a single issue agreement as the title indicates. It provides for the ability of the employees at Gyton House to access salary packaging.

PN22

THE SENIOR DEPUTY PRESIDENT: Yes.

PN23

MR RAHILLY: Your Honour may recall that Churches of Christ Community Care has certified agreements in relation to its aged care operations.

PN24

THE SENIOR DEPUTY PRESIDENT: I don't.

PN25

MR RAHILLY: I am sorry, your Honour. Well, I can inform your Honour that - - -

PN26

THE SENIOR DEPUTY PRESIDENT: But I accept that that is the case.

PN27

MR RAHILLY: Yes. That agreement provides for the ability of those employees to access salary packaging, and Churches of Christ believe that it would only be reasonable that these - - -

PN28

THE SENIOR DEPUTY PRESIDENT: Yes.

PN29

MR RAHILLY: - - - employees also have access to that.

PN30

THE SENIOR DEPUTY PRESIDENT: Yes. I have read the statutory declarations and the agreement. I am prepared to certify it.

PN31

MR RAHILLY: Thank you, your Honour.

PN32

THE SENIOR DEPUTY PRESIDENT: I am satisfied that it passes all the statutory tests, as I have enunciated in my earlier certifications this morning, and it does pertain to part of a single business.

ADJOURNED INDEFINITELY [10.41am]