AG2003/9466, Transcript of Proceedings [2003] AIRCTrans 5404 (8 December 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
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TRANSCRIPT OF PROCEEDINGS


O/N 5394

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2003/9466

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Electrolux Home Products Pty Ltd and Another
for certification of the Electrolux Home
Products Victorian Distribution Agreement 2003

MELBOURNE

10.47 AM, THURSDAY, 20 NOVEMBER 2003

PN1

MR J. HOY: I am from the Australian Industry Group and appear on behalf of Electrolux Home Products Proprietary Limited.

PN2

MR A. THOW: I appear on behalf of the National Union of Workers.

PN3

THE SENIOR DEPUTY PRESIDENT: Mr Hoy.

PN4

MR HOY: Thank you, your Honour. This is an application under division 2 of the Act for certification of an agreement made in accordance with section 170LJ. The terms of the agreement were reached between the company and the NUW on behalf of employees covered by the Metal, Engineering and Associated Industries Award and the Clerical and Admin Employees Victoria Award.

PN5

The parties have submitted statutory declarations which we believe meet all the requirements of the Act, regulations and rules of the Commission; the valid majority of employees approved the agreement on 8 October; access to the agreement and an explanation of terms of the agreement occurred in an appropriate manner, contains a dispute settlement procedure at clause 20. The period of operation is set out in clause 5 where it states the agreement will expire on 30 June 2006. I therefore request the Commission certify the agreement in the terms sought. If the Commission pleases.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Thow.

PN7

MR THOW: Thank you. We support the application made on behalf of the company and seek to rely on the statutory declarations submitted by Mr Donnelly. Unless you have got any specific questions in relation to the agreement, we would request that the agreement be certified, your Honour.

PN8

THE SENIOR DEPUTY PRESIDENT: Clause 18.

PN9

MR THOW: Yes.

PN10

THE SENIOR DEPUTY PRESIDENT: I am to assume, am I, that the company and the union has no intention to discriminate between unionists and non unionists in respect of the terms and conditions of employment. And so - - -

PN11

MR THOW: That is correct, your Honour.

PN12

THE SENIOR DEPUTY PRESIDENT: - - - leave will be for employees to attend?

PN13

MR THOW: That is correct.

PN14

THE SENIOR DEPUTY PRESIDENT: Is that correct, Mr Hoy?

PN15

MR HOY: Yes, your Honour.

PN16

THE SENIOR DEPUTY PRESIDENT: I will alter the agreement accordingly.

PN17

MR THOW: Thank you.

PN18

THE SENIOR DEPUTY PRESIDENT: I might add that the following paragraph to that tends to clarify it.

PN19

MR THOW: Yes.

PN20

THE SENIOR DEPUTY PRESIDENT: And the deduction facility that is provided at clause 29 will be enacted only with the authority of the relevant employee.

PN21

MR HOY: That is correct, your Honour.

PN22

THE SENIOR DEPUTY PRESIDENT: Having regard to material contained on the file, in this matter, and also the submissions put to me, I am satisfied I should certify the agreement known as the Electrolux Home Products Victorian Distribution Agreement 2003. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations. The certification of the agreement will come into force from today's date and remain in force until 30 June 2006.

ADJOURNED INDEFINITELY [10.50am]