AG2003/687, Transcript of Proceedings [2003] AIRCTrans 5493 (10 December 2003)

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TRANSCRIPT OF PROCEEDINGS

O/N F1003

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

AG2003/687

APPLICATION FOR AGREEMENT ABOUT
INDUSTRIAL DISPUTE (DIVISION 3)

Application under section 170LS of the Act
by Independent Education Union of Australia
Northern Territory Branch and Others for
certification of Catholic Schools (NT)
Enterprise Agreement 2003

DARWIN

9.07 AM, TUESDAY, 25 NOVEMBER 2003

PN1

THE SENIOR DEPUTY PRESIDENT: Yes, I will take appearances please.

PN2

MR G. O'MULLANE: Your Honour, I represent the Catholic Education Office.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr O'Mullane.

PN4

MR S. HALL: Your Honour, I represent the Independent Education Union.

PN5

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Hall.

PN6

MR D. McDONALD: Your Honour, I represent the LHMU.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you, Mr McDonald. Yes, I note there are a lot of parties to the agreement. The ANFNT in their statutory declaration filed on its behalf by Jane Carrigan, I will rely on that information. The statutory declaration from the SDA was one of those filed? Do you know who it was filed by?

PN8

MR HALL: Your Honour, I can explain the difficulty for the SDA in actually getting their statutory declaration. They of course are based from South Australia. So the difficulty is actually in not getting them to fill out the statutory declaration, but for their South Australian office to find it high enough priority to process it and send it up here, but I am still actively trying to get that statutory declaration and if you wish to note on transcript that you're not impressed that would help I think.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes. Very well. Well, I'm not impressed the SDA should have filed a statutory declaration and I think it probably shows little regard for the members in the Territory, the fact that they haven't done so. So I note that on transcript. What I will do is proceed with the certification on the basis that I require the SDA to file a statutory declaration. I note they have in copied versions at least executed a signature in respect of the agreement. So it appears that the SDA is on board, but I will require them to file a statutory declaration. Is there a particular officer that my associate should make contact with to ensure that that is done?

PN10

MR HALL: Your Honour, their representative to contact in the Northern Territory would be Mr Varenya Mohan-Ram.

PN11

THE SENIOR DEPUTY PRESIDENT: I wonder if you could spell that for me?

PN12

MR HALL: Yes. Varenya is V-a-r-e-n-y-a and Mohan is M-o-h-a-n and then there is a dash and Ram is R-a-m.

PN13

THE SENIOR DEPUTY PRESIDENT: Thank you very much. Yes, very well. Now who would like to lead off, Mr O'Mullane? Everyone is looking at you.

PN14

MR O'MULLANE: Your Honour, you have copies of the agreement which has been through a long process but both parties - well our party is quite satisfied with the agreement and everything that is listed in it for negotiations with all the different unions involved. Thank you.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Thank you for that. Yes, Mr Hall?

PN16

MR HALL: Your Honour, this is an application to certify this agreement. Your Honour will be aware of the history of this and your assistance throughout the case is appreciated by at least the CEO and myself. I draw your attention of course, as required, to the grievance process as you will be aware of that the CEO and the IEU in particular are aware of the limitations that are currently in the certified agreement. The clauses are 12 to 14, which basically gives the Commission conciliation powers with the exception of 28.6 which is a clause Your Honour would be very familiar with, having written it and basically that gives the Commission arbitration powers in the terms of clause 28 alone.

PN17

THE SENIOR DEPUTY PRESIDENT: In respect of particular matters.

PN18

MR HALL: Basically, this agreement is for three years and is finalised on 3 March 2006 and right across the board this is a very good increase in conditions for all the employees, not just the IEU's members. Thank you.

PN19

THE SENIOR DEPUTY PRESIDENT: Thank you for that, Mr Hall. Mr McDonald?

PN20

MR McDONALD: Your Honour, yes the LHMU is happy with the agreement and urge that it be certified.

PN21

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr McDonald. This is an application pursuant to section 170LS of the Workplace Relations Act 1996 for the certification of the Catholic Schools Northern Territory Enterprise Agreement 2003 and the parties to the agreement are the Catholic Education Office, The Independent Education Union Northern Territory, the Liquor, Hospitality and Miscellaneous Workers Union and the Shop, Distributive and Allied Employees Union and the ANF Northern Territory.

PN22

I have had an opportunity to go through the terms of the agreement and the statutory declarations filed and I am satisfied that each of the required matters within the Act has been met, specifically I am satisfied that the agreement has been negotiated in a manner required in the Act and explained to employees in the manner required by the Act that the certification agreement will not disadvantage employees and that the agreement contains dispute settling procedure and the expiry date 3 March 2006.

PN23

I further am satisfied that there are no issues arising in respect of section 170LU of the Act which would prevent certification of the agreement. In the circumstances, I will certify the agreement in accordance with section 170LP of the Act in the terms entered into between the parties. The agreement shall come into force from 25 November 2003 and shall remain in force until 3 March 2006. This certification is subject to receipt of statutory declaration from the SDA but I would not anticipate any further delay on the part of the SDA in meeting that requirement and I will have my associate contact the SDA to ensure that that is done quickly.

PN24

I will now adjourn the proceedings and wish the parties well over the next three years in giving effect to the agreement. Thank you.

ADJOURNED INDEFINITELY [9.15am]