AG2003/19, Transcript of Proceedings [2003] AIRCTrans 568 (21 February 2003)

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TRANSCRIPT OF PROCEEDINGS

O/N WT05853
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT BLAIN

AG2002/19

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LS of the Act
by Western Australian Shire Councils,
Municipal Road Boards, Health Boards,
Parks, Cemeteries And Racecourse, Public
Authorities, Water Boards Union and
Another for certification of the Metropolitan
Cemeteries Board - Western Australia
Agreement 2002

PERTH

2.32 PM, WEDNESDAY, 5 FEBRUARY 2002

PN1

MS A. BALLANTYNE: Ballantyne A., appearing on behalf of the union.

PN2

MS C. WRITER: Ceri Writer, appearing on behalf of the Metropolitan Cemeteries Board.

PN3

THE DEPUTY PRESIDENT: Thank you. May I ask is that your surname in full or is that your - - -

PN4

MS WRITER: Sorry? Writer, C., appearing on behalf of the Metropolitan Cemeteries Board.

PN5

THE DEPUTY PRESIDENT: So I should address you as Ms Writer.

PN6

MS WRITER: Yes, please.

PN7

THE DEPUTY PRESIDENT: Thank you. Ms Ballantyne, would you like to commence.

PN8

MS BALLANTYNE: Thank you. We seek to make this application as a Division 3 under section 170LS of the Act. As you are aware, we are all aware, this document has been before you previously. We have amended the document as per your recommendations previously, with variations to the definitions on page 3 in 3.1, for the union name. And also for 5.1 for the parties bound, application parties bound. We have also varied the long service leave clause to reflect the correct clause in the award rather than the old award, and so under the new award. This document has a dispute settlement procedure in clause 21 and the agreement is fundamentally the same as the previous agreement operating currently under the Metropolitan Cemeteries Board.

PN9

There are some variations in relation to the essential conditions which have been obviously negotiated with the state government to include clauses in relation to the parental leave, the bereavement leave, clause 13, the clearers leave, the culture and ceremonial leave, the leave arrangement 4852, the deferred salary scheme, the blood plasma donor scheme, the emergency services leave, the supportive wage and the traineeships. All those have been added to the document and are an advantage to the employees.

PN10

This document has been put to the employees for a period of 14 days and was voted on very early in January and was reached an almost - I think it a unanimous decision by the employees of 50 per cent plus one agreeing for the document to go ahead. I am hoping that the Commission has also received the correct form R31 and apologise for the inconvenience of supplying the wrong document.

PN11

So if it pleases the Commission we would seek to have this document certified, to be effective as from the first pay period on or after the date of registration and to be in effect till the 31 December 2003. If it pleases the Commission.

PN12

THE DEPUTY PRESIDENT: Thank you, Ms Ballantyne. Yes. Concerning the form R31.

PN13

MS BALLANTYNE: Yes.

PN14

THE DEPUTY PRESIDENT: Perhaps if you might just turn to that. I noted that there is reference to:

PN15

In the matter of the Lord Mayor and councillors of the City of Melbourne and others.

PN16

I wondered about that in relation to the statutory declaration where there was a reference to a particular dispute number which didn't seem to tally with the reference there to the matter on the form R31. In relation to the stat. dec., it is clause 6.1, I wondered if you could clarify that for me as to whether there is some explanation there which I haven't been able to see.

PN17

MS BALLANTYNE: I hope I may be able to clear this point up for you. My understanding, although it be very limited, is that the original dispute was settled out of the 01609 of 1978. That was the original log of claims that was filed in relation to all the awards that this union operates under. And my understanding is that the Cemeteries Board Award, which is the one that is referenced at 6.1, is actually an outcome of that original log of claims. I certainly stand corrected if we have got that inappropriately, but my understanding was that the original log of claims was to be noted at that point in the R31 and that the latest award, of which this agreement is a party to, is the 1999 Cemeteries Award once it was simplified. And that is the reference number that was put into the 6.1.

PN18

THE DEPUTY PRESIDENT: Thank you for that explanation.

PN19

MS BALLANTYNE: Thank you.

PN20

THE DEPUTY PRESIDENT: I wonder if you could confirm that the agreement passes the no disadvantage test as of today's date.

PN21

MS BALLANTYNE: It most certainly does. In fact it quite improves the conditions of the employees under those clauses that I outlined earlier and wages, there is a pay increase that is effective 1 January 2003, which will be payable on or after the first date of registration.

PN22

THE DEPUTY PRESIDENT: Thank you for that confirmation.

PN23

MS BALLANTYNE: Thank you.

PN24

THE DEPUTY PRESIDENT: Thank you. Ms Writer, I wonder if you would like to make any submission in relation to the proposed certification of the agreement.

PN25

MS WRITER: Thank you, Your Honour. If it pleases the Commission, on behalf of the employer, the Metropolitan Cemeteries Board, I consent to the document as presented and stated as the Metropolitan Cemeteries Board West Australia Agreement 2002, including the items drawn to our attention for consideration and amendment in relation to clause 3.1: Definitions, clause 5.1: Application and parties bound, clause 36: Long service leave, particularly in reference to the appropriate award clause and clause 42: Signature of parties, and confirm that they have been amended. They have been agreed upon by all parties and the vote was, as Ms Ballantyne has indicated, unanimous by the employees. Thank you.

PN26

THE DEPUTY PRESIDENT: Thank you for that. I would like to thank you for your submissions and for the thorough revision which has been undertaken in relation to the agreement that is before me. I proceed now to note that this is an application pursuant to Part VIB, Division 3, section 170LS of the Workplace Relations Act 1996 to certify an agreement to be known as the Metropolitan Cemeteries Board Western Australia Agreement 2002.

PN27

Having heard Ms A. Ballantyne on behalf of the Western Australian Shire Councils, Municipal Roads Board, Health Boards, Park, Cemeteries and Racecourses, Public Authorities, Water Boards Union, the WAMEU, and Ms C. Writer on behalf of the Metropolitan Cemeteries Board and having read the statutory declarations filed by Mr A. Bennett on behalf of the WAMEU and Mr P. MacLean on behalf of the Metropolitan Cemeteries Board I am satisfied that the agreement is made in part settlement of the industrial dispute identified in matter C No 00724 of 1999.

PN28

I am also satisfied that the agreement passes the no disadvantage test. The agreement was made in accordance with section 170LS and a valid majority of persons employed at the time, whose employment would be subject to the agreement, genuinely approved the agreement. The explanation of the terms of the agreement was appropriate. The agreement included procedures for preventing and settling disputes between the employer and the employees whose employment will be subject to the agreement and the agreement specifies a nominal expiry date not more than three years after the date on which the agreement will come into operation. I am also satisfied that there are no reasons set out in section 170LU of the Act why I should refuse to certify the agreement.

PN29

Accordingly the agreement will be certified with effect from 5 February 2003 to operate from the same date. The formal certificate will issue in due course. I now adjourn this hearing.

ADJOURNED INDEFINITELY [2.42pm]