AG2003/417, Transcript of Proceedings [2003] AIRCTrans 5321 (2 December 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT BLAIN

AG2003/417

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of
the Act by SDR Australia Pty Limited
for certification of the SDR Australia
Pty Limited Fabrication Facilities
Agreement 2003

PERTH

11.31 AM, FRIDAY, 14 NOVEMBER 2003

PN1

MR P. MOSS: Paul Moss, Chamber of Commerce and Industry, as agent for the applicant. With me here today is Mr A. LAZIDIS, the Operations Manager, and Mr M. RUSTON, the employee representative.

PN2

THE DEPUTY PRESIDENT: Thank you, Mr Moss, Mr Lazidis and Mr Ruston. Mr Moss, please commence?

PN3

MR MOSS: Thank you. May it please the Commission, we seek the registration of AG2003/417 under 170LK of the Workplace Relations Act, this being an agreement between SDR Australia Proprietary Limited, being a constitutional corporation for the purpose of this Act, and its employees engaged in its fabrication facilities. The total number of employees covered by the agreement at the time the vote was taken was 16. The agreement was issued to all employees on 2 October 2003 along with a letter advising of the employer's intention to establish the agreement.

PN4

A meeting of all employees was held on 1 October by the Operations Manager to explain the agreement to the employees, with the employee representative also holding individual meetings with the employees to explain the terms of the agreement. The agreement was approved by a valid majority of employees on 16 October 2003. We submit this agreement on the basis that the applicable award covering the terms and conditions of employment for these employees is the Metal Trades General Award 1966, being an award of the Western Australian Industrial Relations Commission.

PN5

This agreement is read in conjunction with this award and provides for terms of employment above the standards prescribed by it. In line with 170LT(2) of the Act, we submit that the agreement passes the no disadvantage test against this award as it currently stands. Clause 7 of the agreement makes provision for a dispute settlement procedure, in accordance with 170LT(8) of the Act, and provides for matters not resolved at the workplace level to be referred to the Australian Industrial Relations Commission.

PN6

The agreement also provides a nominal expiry date of 16 October 2005, and the employer confirms that the parties are aware of the provisions of 170LX(1) of the Act in which the agreement will not come into effect until such time as it is certified by this Commission. We would therefore submit the agreement for your consideration and ask that it be certified. Thank you, sir.

PN7

THE DEPUTY PRESIDENT: Thank you for that, Mr Moss. Are you able to confirm that the agreement passes the no disadvantage test as of today's date?

PN8

MR MOSS: Yes, sir. It does.

PN9

THE DEPUTY PRESIDENT: Good. Thank you for that and for your assistance to the Commission and answering all queries expeditiously. Mr Lazidis, do you have any comments to make in support of the certification of the agreement by the Commission?

PN10

MR LAZIDIS: No, sir. The employees all wish for it to go through and have it certified as soon as possible.

PN11

THE DEPUTY PRESIDENT: And you support that yourself?

PN12

MR LAZIDIS: Yes, we do. I do. Correct.

PN13

THE DEPUTY PRESIDENT: Thank you for that. Mr Ruston, your views, please? I wonder if you could express your views to the Commission?

PN14

MR RUSTON: Yes. As Mr Lazidis has said, everybody was 100 per cent behind it, so, yes, excellent.

PN15

THE DEPUTY PRESIDENT: Thank you for that positive statement of support for the certification.

PN16

MR RUSTON: Thank you.

PN17

THE DEPUTY PRESIDENT: I now turn to the agreement, noting that it is pursuant to an application under Part VIB, Division 2, Section 170LK of the Workplace Relations Act 1996, to certify an agreement to be known as the SDR Australia Proprietary Limited Fabrication Facilities Agreement 2003. Having heard Mr P. Moss and Mr A. Lazidis on behalf of SDR Australia Proprietary Limited, SDR, and Mr M Ruston on behalf of the employees, and having read the statutory declarations of Mr A. Lazidis and Mr M. Ruston I am satisfied that the agreement filed relates to a constitutional corporation, namely SDR Australia Proprietary Limited, ACN 067 525 991.

PN18

The agreement passes the no disadvantage test. It was made in accordance with section 170LK, and the valid majority of persons employed at the time whose employment would be subject to the agreement genuinely approved the agreement. The explanation of the terms of the agreement was appropriate. It includes procedures for preventing and settling disputes between the employer and the employees whose employment will be subject to the agreement, and it specifies a nominal expiry date not more than three years after the date in which the agreement comes into operation.

PN19

I am further satisfied that there are no reasons set out in section 170LU of the Act why I should refuse to certify the agreement. Accordingly, the agreement will be certified with effect from 14 November 2003 to operate in accordance with its terms from that date. The formal certificate will issue in due course. I adjourn this hearing.

ADJOURNED INDEFINITELY [11.37am]