AG2003/9453, Transcript of Proceedings [2003] AIRCTrans 5510 (11 December 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N F5479

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SMITH

AG2003/9453
AG2003/9454

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by the Office of the Commonwealth Director
of Public Prosecutions and Another for
certification of the Office of the
Commonwealth Director of Public Prosecutions
Certified Agreement 2003-2006

APPLICATION TO TERMINATE AGREEMENT
(PUBLIC INTEREST)

Application under section 170MH of the Act
by the Office of the Commonwealth Director
of Public Prosecutions to terminate an
agreement superseded by the Office of the
Commonwealth Director of Public Prosecutions
Agreement 2003-2006

MELBOURNE

10.05 AM, WEDNESDAY, 26 NOVEMBER 2003

PN1

MR G. DELANEY: I appear for the Commonwealth Director of Public Prosecutions with my colleague MS S. WALKER.

PN2

MR G. DRECHSLER: I appear for the CPSU.

PN3

THE COMMISSIONER: Well, we see you all in happier circumstances today.

PN4

MR DELANEY: That is so, Commissioner.

PN5

THE COMMISSIONER: Now, I have got two applications. One is to set aside an earlier agreement, to terminate that, and the other is to certify the agreement. Are there are any matters that you particularly wish to draw to my attention?

PN6

MR DELANEY: No, there aren't, Commissioner. I guess the application for certification might be dealt with first and, assuming that that meets with the Commission's approval, we could move onto the second application.

PN7

THE COMMISSIONER: Yes, no - the setting aside, did you say, I am sorry?

PN8

MR DELANEY: Yes, and then we can - - -

PN9

THE COMMISSIONER: Yes. Well, I have examined the material and as I understand it there are three relevant files. The first file is the certification of the 2000-2002 agreement; the second file is the variation to that agreement that was lodged in 2001; and the third file, which was done at the same time, was the extension to the certified agreement. That is as my records show.

PN10

MR DELANEY: Yes, that is the case, Commissioner.

PN11

THE COMMISSIONER: So I have examined those documents and I am satisfied that the agreement has passed its nominal expiry date and that it is appropriate in all the circumstances to terminate the Commonwealth Director of Public Prosecutions Certified Agreement 2000-2002, and an order to that effect will issue. Now, the next matter, and that is, quick as a wink, we have to put a new one in place. Is there anything in that one that you wish to draw to my attention?

PN12

MR DELANEY: Perhaps, Commissioner, I could just briefly take you through the what we would submit are the qualifications, if I can put it that way, of the agreement for certification. The agreement is made under section 170LJ and is a third round agreement. It was approved by a valid majority of eligible employees on 24 October. This application was made on the same date and thereby complies with the 21-day requirement in section 170LM. Both parties to the agreement believe the agreement doesn't disadvantage the employees, and that is in our submission evidence from the statutory declarations.

PN13

The reduction to terms and conditions and the balancing provisions are set out at paragraph 7.4 in each of those stat decs, and in our submission the agreement results on balance in an improvement in the overall terms and conditions. It satisfies the no disadvantage test. There has been genuine approval. The explanation to employees has been appropriate as required by section 170LT(7). It contains appropriate dispute settling procedures. It specifies a nominal expiry date that is less than three years, in compliance with 170LT(10). In all those circumstances, Commissioner, I would request that the Commission certify the agreement under section 170LT.

PN14

THE COMMISSIONER: Thank you. Yes, Mr Drechsler?

PN15

MR DRECHSLER: Commissioner, the CPSU supports today's application for the agreement that you have before you. We also believe that the statutory tests have been met. I would, though, at this point if I could, Commissioner, if it is appropriate - there was a number of discussions about some matters in concluding the agreement and I would just like to draw the Commission's attention to the fact that there has been settlement of these matters in discussions. If I could hand up some letters which outline the detail of those settlements. Do you want me to indicate what they are or just pass them up? There are two sets, sorry. If it pleases the Commission, I will just briefly go through the contents of the letters.

PN16

THE COMMISSIONER: Yes. These form part of the settlement, do they?

PN17

MR DRECHSLER: Pardon, Commissioner?

PN18

THE COMMISSIONER: These letters will form part of the settlement of this matter?

PN19

MR DRECHSLER: Yes.

PN20

THE COMMISSIONER: And so you would want them marked and put on the file, would you?

PN21

MR DRECHSLER: Yes, please.

PN22

THE COMMISSIONER: Very well. There is a bundle of letters.

PN23

MR DRECHSLER: My apologies, Commissioner - - -

PN24

THE COMMISSIONER: That is all right.

PN25

MR DRECHSLER: - - - in the past I understood I needed to bring multiple copies, so I - - -

PN26

THE COMMISSIONER: No, indeed. It is always better to err on the side of generosity when it comes to exhibits than the reverse.

PN27

MR DRECHSLER: Yes, there are, in fact, only two letters.

PN28

THE COMMISSIONER: You can never be accused of having too many. Well, there are two letters in effect, are there?

PN29

MR DRECHSLER: Yes.

PN30

THE COMMISSIONER: There is the letter of 24 September, addressed to Mr Waters, and the letter of 16 October, addressed to Mr Waters, from the Commonwealth Director of Public Prosecutions, in both instances signed - well in one instance signed by Ms Walker and in the next instance signed by Mr Delaney. Those will be marked as CPSU1. Yes.

EXHIBIT #CPSU1 LETTERS FROM CDDP TO MR A. WATERS, ONE DATED 24/09/2003 AND SIGNED BY MS WALKER, ONE DATED 16/10/2003 AND SIGNED BY MS S. WALKER WITH ATTACHMENT COPY LETTER DATED 26/08/2003 AND SIGNED BY MR G. DELANEY

PN31

MR DRECHSLER: I will just draw the Commission's attention first to the letter of 24 September 2003, and the key points with that is that it sets out the understanding about clause 28.9 in regards to accommodation savings and the enhancement of advocacy skills, and that is the subject of the letter of 24 September. In regards to the letter of 16 October 2003, it sets out our agreement on superannuation, Internet access, leave for employees to attend courses on workplace relations matters and, additionally, a meeting around the Federal Budget 2005-2006, which were some of the outstanding matters over the process of reaching an agreement, Commissioner. And that concludes my presentation.

PN32

THE COMMISSIONER: All right, thank you. This is an application for the certification of an agreement to be known as the Office of the Commonwealth Director of Public Prosecutions Certified Agreement 2003-2006. I have examined the terms of the agreement, together with exhibit CPSU1, and I am satisfied that the agreement complies with the provisions of the Workplace Relations Act 1996. Accordingly, I will certify the Agreement. The Agreement will be certified from today, and it shall operate in accordance with its terms.

PN33

MR DELANEY: As the Commission pleases.

PN34

THE COMMISSIONER: Thank you very much. The matter is now adjourned.

ADJOURNED INDEFINITELY [10.15am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #CPSU1 LETTERS FROM CDDP TO MR A. WATERS, ONE DATED 24/09/2003 AND SIGNED BY MS WALKER, ONE DATED 16/10/2003 AND SIGNED BY MS S. WALKER WITH ATTACHMENT COPY LETTER DATED 26/08/2003 AND SIGNED BY MR G. DELANEY PN30