AG2003/9735, Transcript of Proceedings [2003] AIRCTrans 5575 (15 December 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 5568
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2003/9735

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Boroondara City Council and Others for
certification of the Boroondara City Council
Drainage Employees' Agreement No 3, 2003

MELBOURNE

11.22 AM, MONDAY, 1 DECEMBER 2003

PN1

MR S. WILSON: I am from VECCI appearing for the City of Boroondara and with me I have MR G. PAWSEY from the City.

PN2

MS M. McCANN: I appear for the ASU with MR R. RANKIN.

PN3

THE SENIOR DEPUTY PRESIDENT: Could you spell that for me, please.

PN4

MS McCANN: M-c-C-a-n-n.

PN5

THE SENIOR DEPUTY PRESIDENT: Thanks, Ms McCann. Yes, Mr Wilson.

PN6

MR WILSON: Thank you, your Honour. This is an application to certify an agreement to cover the drainage employees at the City of Boroondara, it is the third agreement. Your Honour, we believe that it does meet the requirements of the Act and would rely on the statutory declaration of John Nevins who is the Director of Works and Governance at the City. Your Honour, unless there are any questions or explanations you seek, we would rely on that statutory declaration, we do believe it meets the requirements of the Act and ask that the agreement be so certified.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes. As with the last matter, I would ask for an undertaking from the parties that in the dispute prevention and settlement procedure that employees who wish to be represented by persons other than union officials will not be precluded from so being represented.

PN8

MR WILSON: Certainly, we would give that undertaking, your Honour. If I could just point out that the second dot point at 12.1, it says:

PN9

Should any matter occur which gives cause for concern for an employee, he/she first confer with the supervisor. The employee may appoint another person to act on their behalf including a shop steward or delegate.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes, I know that but then further on in that procedure there seems to be a reference to union people and not others.

PN11

MR WILSON: Well, we would certainly give that undertaking, your Honour, yes.

PN12

THE SENIOR DEPUTY PRESIDENT: All right. Thank you, Mr Wilson. Yes, Ms McCann.

PN13

MS McCANN: We would also rely on our statutory declaration of the Assistant Branch Secretary, Brian Parkinson.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes, and are you prepared to give the same undertaking as Mr Wilson there?>

PN15

MS McCANN: Yes, we will give that undertaking, your Honour.

PN16

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you. Well, I am satisfied that the relevant statutory requirements have been met and, having regard to the undertaking just given, I am prepared to certify the agreement. It is about matters pertaining to the relationship between an employer in Victoria carrying on a part of a single business and its employees employed in that part. I am satisfied that the ASU has at least one member employed and is able to represent that employee's interests; the agreement passes the no disadvantage test; it was made in accordance with section 170LJ and approved by a valid majority of employees; the explanation of its terms was appropriate in the circumstances; it includes dispute settling procedures and specifies a nominal expiry date not more than three years after the date on which the agreement will come into operation; nor are there any reasons in section 170LU as to why I should refuse to certify the agreement. Accordingly, it will be certified to operate from today's date.

ADJOURNED INDEFINITELY [11.25am]