AG2003/9689, Transcript of Proceedings [2003] AIRCTrans 5353 (4 December 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 5373

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2003/9689

APPLICATION FOR CERTIFICATION
OF GREENFIELDS AGREEMENT

Application under section 170LL of the Act
by Transport Workers Union of Australia -
Victorian/Tasmanian Branch and Another
for certification of the Linfox - TWU
(CML Crossdock Campbelltown)
Enterprise Agreement 2003

MELBOURNE

11.11 AM, TUESDAY, 18 NOVEMBER 2003

PN1

MS P. DOODY: I appear on behalf of the Transport Workers Union of Australia.

PN2

MR D. NORTH: I appear for Linfox Australia.

PN3

THE COMMISSIONER: Yes, Ms Doody?

PN4

MS DOODY: Thank you, Commissioner. If the Commission pleases this is an application made under division 2 of part VIB of the Workplace Relations Act 1996 for certification of an agreement made under section 170LL of that Act. All of the requirements of the Act, regulation and rules of the Commission have been met in the making of this agreement, except in relation to section 170LM, which requires that an application to certify the agreement be made within 21 days from the date the agreement is made. The agreement was made on 25 August 2003 but was no filed with the Registry until 7 November 2003, making it some 53 days out of time.

PN5

The delay was primarily due to administrative factors, such as the drafting and exchanging of the relevant documents. On this basis we would seek the Commission exercise its discretion under section 111(1)(r) to extend the prescribed time limits. The agreement meets the requirements of section 170LT of the Act in that it passes the no disadvantage test. It contains a dispute settlement procedure at clause 20 of the agreement, and contains a nominal expiry date of three years from the date of certification at clause 4 of the agreement.

PN6

In relation to the no disadvantage test the agreement is underpinned by the Transport Workers (Distribution Facilities) Award 1996. Unless there are any further questions, Commissioner, we are seeking certification from today's date in the terms sought. Thank you.

PN7

THE COMMISSIONER: Yes, thank you. Mr North?

PN8

MR NORTH: Thank you, Commissioner. On behalf of Linfox I would just like to indicate our support for the union's application in this matter, and also respectfully request that the time limit prescribed be extended. As it is a Greenfields agreement there has been no change in the voting constituency as there was none at the first instance.

PN9

THE COMMISSIONER: Yes. Thank you. Well, firstly, the Commission exercises discretion and extends the time for filing. This is an application between the Transport Workers Union of Australia and Linfox Australia Pty Ltd for an agreement to be known as the Linfox - TWU (CML Crossdock Campbelltown) Enterprise Agreement 2003. The agreement meets the requirements of the Act and conforms with the rules of the Commission. Accordingly, pursuant to section 170LT of the Workplace Relations Act 1996 the Commission certifies the said agreement. The agreement shall come into force from today's date, 18 November 2003, and shall remain in force until 18 November 2006. The Commission is adjourned.

ADJOURNED INDEFINITELY [11.13am]