AG2003/9958, Transcript of Proceedings [2003] AIRCTrans 5698 (19 December 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 5640

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

AG2003/9958
AG2003/9961

APPLICATIONS FOR CERTIFICATION
OF AGREEMENT

Applications under section 170LK of the
Act for certification of agreements

AG2003/9586, 9959, 9972, 9974,
9957 and 9971

APPLICATIONS FOR CERTIFICATION
OF AGREEMENT

Applications under section 170LJ of the
Act for certification of agreements

AG2003/9965, 9975, 9976, 9977
and 9978

APPLICATIONS FOR CERTIFICATION
OF AGREEMENT

Application under section 170LS of the
Act for certification of agreements

MELBOURNE

8.37 AM, TUESDAY, 9 DECEMBER 2003

AG2003/9958

THE FERNTREE GULLY HOLDEN
SUPERANNUATION AGREEMENT 2003

Application by Ferntree Gully Holden

PN1

MR P. ABRAMS: I seek leave to appear for Lanes Motors, trading as Ferntree Gully Holden.

PN2

THE COMMISSIONER: No-one will oppose that, Mr Abrams, so leave is granted.

PN3

MR ABRAMS: Thank you. Commissioner, this is an LK application. It simply seeks to add an additional fund available for superannuation contributions. The file includes now a declaration from an employee representative duly elected unanimously by employees to make the declaration. It reflects the declaration made by the company. I believe it indicates compliance with all aspects of the Act and regulations, and we ask that the Commission certify the agreement, if the Commission pleases.

PN4

THE COMMISSIONER: Right. I have the additional statutory declaration which the Commission requested because it only had the statutory declaration from the employer, and it doesn't seek to alter any terms and conditions as you say.

PN5

MR ABRAMS: No.

PN6

THE COMMISSIONER: It just simply provides for an additional superannuation fund.

PN7

MR ABRAMS: Precisely, Commissioner.

PN8

THE COMMISSIONER: Is that correct? Yes. All right. The agreement in this matter is to be known as The Ferntree Gully Holden Superannuation Agreement 2003. The Commission is satisfied, based on the material provided to it by way of statutory declarations, that all provisions of section 170 have been complied with. The agreement will commence from the date of approval from the Commission, which is today's date, 9 December 2003, and the agreement shall remain in force for a period of three years. Just wait until I check.

PN9

MR ABRAMS: Yes, from today's date, Commissioner.

PN10

THE COMMISSIONER: No, no. It is all right. I was just making sure that it fell within the 21 day time period. Thank you very much. That is it.

AG2003/9961

TIEMAN INDUSTRIES PTY LTD (CAMPBELLFIELD
SERVICE) CERTIFIED AGREEMENT 2003

Application by Tieman Industries Pty Ltd

PN11

MR B. ASHTON: I appear for the company, Commissioner.

PN12

THE COMMISSIONER: Right. Is Mr Gregoire here?

PN13

MR ASHTON: Yes, he is, Commissioner.

PN14

THE COMMISSIONER: Right. Mr Gregoire, that is it. Thanks. You negotiated the agreement on behalf - with another colleague on behalf of other servicemen. Is that right?

PN15

MR S. GREGOIRE: That is correct.

PN16

THE COMMISSIONER: Right. How did you become the negotiator with your colleague?

PN17

MR GREGOIRE: We had a round table sort of thing, voted in - - -

PN18

THE COMMISSIONER: Right.

PN19

MR GREGOIRE: - - - the two of us.

PN20

THE COMMISSIONER: And you were the guinea pig.

PN21

MR GREGOIRE: Yes, unfortunately. Yes.

PN22

THE COMMISSIONER: Right. Okay. The agreement is intended to cover 17 people, 17 employees, and those 17 voted yourself and your other colleague - - -

PN23

MR GREGOIRE: That is correct, yes.

PN24

THE COMMISSIONER: - - - as their negotiators; is that right?

PN25

MR GREGOIRE: That is correct.

PN26

THE COMMISSIONER: Okay, and you are satisfied, along with your colleagues, that the agreement doesn't reduce your terms or conditions at all?

PN27

MR GREGOIRE: No.

PN28

THE COMMISSIONER: No? Improves them?

PN29

MR GREGOIRE: Are satisfied actually.

PN30

THE COMMISSIONER: You are satisfied?

PN31

MR GREGOIRE: Yes.

PN32

THE COMMISSIONER: Wouldn't be over the moon, but satisfied.

PN33

MR GREGOIRE: Yes.

PN34

THE COMMISSIONER: That is okay. All right. Thanks for that.

PN35

MR GREGOIRE: Thank you very much.

PN36

THE COMMISSIONER: All right. The agreement - you both intend to rely upon your statutory declarations?

PN37

MR ASHTON: Yes, Commissioner.

PN38

THE COMMISSIONER: Yes, okay. The agreement shall be known in this matter as the - is that Tieman or Tieman?

PN39

MR ASHTON: Tieman.

PN40

THE COMMISSIONER: Tieman. That is - I was just testing you. Tieman Industries Pty Ltd (Campbellfield Service) Certified Agreement 2003. The Commission is satisfied, based on the material provided by way of statutory declarations, that all provisions of section 170 have been complied with. The Commission is prepared to certify the agreement which will operate from 1 July 2003 and will have a nominal expiry date of 31 March 2006. Thanks very much. Have a good day.

AG2003/9586

HERTZ AUSTRALIA - WILLIAM STREET,
QUALITY INSPECTORS WORKPLACE
AGREEMENT 2003-2005

Application by Hertz Australia Pty Ltd
and Another

PN41

MS P. DOODY: I appear on behalf of the Transport Workers Union of Australia.

PN42

MR R. IRONMONGER: I appear with MS A. DI SEBASTIANO for Hertz.

PN43

THE COMMISSIONER: All right. Now, this is an agreement that requires the Commission to use its discretionary powers under section 111(1)(r). Can the parties assure the Commission that there hasn't been a change to the workforce to the extent that if a vote were taken now it may result in a different outcome?

PN44

MR IRONMONGER: That is correct, Commissioner. There is no change in the workforce in my instructions, and the reason for the delay was an administrative problem with the TWU. There was no-one there eligible to sign the stat dec on behalf of the union. That is the reason why the delay was there.

PN45

THE COMMISSIONER: That is a very nice handball job, Mr Ironmonger.

PN46

MR IRONMONGER: I would save Ms Doody the problem of telling you that it was their fault.

PN47

THE COMMISSIONER: Ms Doody, do you concur that there hasn't been a change to the workforce to the extent that it may result in a different outcome?

PN48

MS DOODY: Yes, Commissioner.

PN49

THE COMMISSIONER: Okay. Do the parties intend to rely upon their statutory declarations?

PN50

MR IRONMONGER: That is correct, Commissioner.

PN51

THE COMMISSIONER: Is there anything outstanding, mind boggling, rib tickling in the agreement that you wish to draw my attention to - - -

PN52

MR IRONMONGER: No, Commissioner. This is a - - -

PN53

THE COMMISSIONER: - - - or is it just a fantastic agreement?

PN54

MR IRONMONGER: This is a series of agreements which the Commission has previously registered for the Hertz locations around Australia.

PN55

THE COMMISSIONER: Right.

PN56

MR IRONMONGER: It is a sort of pattern agreement one could say.

PN57

THE COMMISSIONER: So that is the extent of your submissions, Mr Ironmonger?

PN58

MR IRONMONGER: Yes, Commissioner.

PN59

THE COMMISSIONER: Absolutely thrilling. Do you wish to add anything to that, Ms Doody?

PN60

MS DOODY: Commissioner, you have before you a statutory declaration on behalf of John Allan of the union, which sets out that the agreement meets all the requirements of the Act, regulations and rules of the Commission, and on that basis we are seeking certification from today's date in the terms sought.

PN61

THE COMMISSIONER: Well, that is a much better submission than Mr Ironmonger's, I must say.

PN62

MS DOODY: Thank you, Commissioner.

PN63

THE COMMISSIONER: Far more formal.

PN64

MR IRONMONGER: I will read the transcript, Commissioner, for next time.

PN65

THE COMMISSIONER: All right. The agreement in this matter shall be known as Hertz Australia - William Street, Quality Inspectors Workplace Agreement 2003-2005. The Commission is prepared to grant the extension of time under section 111(1)(r) in which the application for certification had to be made. Based on the material provided by way of statutory declarations the Commission is satisfied that all provisions of 170 have been complied with. The Commission will certify the agreement which will operate from 1 July 2003 and shall expire on 31 August 2005. Thank you very much.

AG2003/9959

SKYWAY EXECUTIVE PTY LTD ENTERPRISE
AGREEMENT 2003

Application by The Australian Workers'
Union - Victoria Branch and Another

PN66

THE COMMISSIONER: Mr Winter? You are here with all your friends?

PN67

MR C. WINTER: Yes, Commissioner.

PN68

THE COMMISSIONER: Right. Okay. All right. This is the Skyway Executive Pty Ltd. There is no-one here from the company?

PN69

MR WINTER: No, Commissioner.

PN70

THE COMMISSIONER: Okay. Do you just intend to rely upon your stat decs?

PN71

MR WINTER: Yes, Commissioner. The application was made slightly out of time. I have spoken to the organiser, Mr Penn. The company provides cleaning services down at Alcoa Point Henry, and he assured me that there has been no change to the 12 employees that would affect the vote. We would ask you to use your discretion in that regard. For the rest of the submission I would like to rely on the statutory declaration. It clearly passes the no disadvantage test because the Metal, Engineering and Associated Industries Award is used in that case. It contains a disputes procedure at clause 9, and it contains a nominal expiry date of 30 June 2006 at clause 2, and unless you have any further questions I would rely on the statutory declaration in relation to this matter.

PN72

THE COMMISSIONER: No. Thanks. I am just wondering why I didn't pick up on the - this is a requirement to use the discretionary powers under section 111(1)(r).

PN73

MR WINTER: The vote was on 23 September.

PN74

THE COMMISSIONER: Yes.

PN75

MR WINTER: It was lodged slightly out of time.

PN76

THE COMMISSIONER: Yes. I don't know why I didn't pick that up. All right. Thanks for that. All right. This agreement shall be known as the Skyway Executive Pty ltd Enterprise Agreement 2003. The Commission is prepared to use its discretionary powers under section 111(1)(r) and grant the extension of time in which the application for certification had to be made. The Commission is satisfied, based on the material provided by way of statutory declarations, that all provisions of section 170 have been complied with. The Commission will certify the agreement. The agreement shall operate for a period of three years, commencing from 1 August 2003 and shall continue in operation until 30 June 2006.

AG2003/9972

NYLEX HUNTINGDALE (A DIVISION
OF NYLEX INDUSTRIAL PRODUCTS
PTY LTD) NATIONAL UNION OF WORKERS
CERTIFIED AGREEMENT 2003

Application by Nylex Huntingdale and
Another

PN77

MR R. NAUGHTON: I seek leave to appear on behalf of the company.

PN78

MR C. CALVERT: I appear on behalf of the National Union of Workers.

PN79

THE COMMISSIONER: Mr Calvert, do you have any objections to Mr Naughton seeking leave?

PN80

MR CALVERT: No. No, Commissioner.

PN81

THE COMMISSIONER: Thank you. Leave is granted, Mr Naughton.

PN82

MR NAUGHTON: May it please you, sir, this is an agreement under section 170LJ between the company and the National Union of Workers. The agreement was approved in a ballot on 10 November and there are statutory declarations of the company and the union in support. I just draw the Commission's attention to the attached memorandum which is requested to appear on the Commission file. Otherwise the agreement satisfies the requirements of section 170LT of the Act and we request that the agreement be certified.

PN83

THE COMMISSIONER: Okay. Thank you. Mr Calvert?

PN84

MR CALVERT: Thank you, Commissioner. We rely on the statutory declarations that you should have before you setting out how the agreement complies with the Act, and we seek to have it certified as of today. Thank you, Commissioner.

PN85

THE COMMISSIONER: Thank you. All right. This agreement shall be known as the Nylex Huntingdale (A Division of Nylex Industrial Products Pty Ltd) National Union of Workers Certified Agreement 2003. Well, there goes your spot in the sunlight, doesn't it, just trying to read that agreement. The parties intend to rely upon the statutory declarations provided to the Commission. Based on the material provided by way of statutory declarations the Commission is satisfied that all provisions of section 170 have been complied with. The Commission will certify the agreement. The agreement shall operate from 1 July 2003 and shall remain in force until 30 June 2004. Thank you very much.

AG2003/9974

PENINSULA BUS LINES WORKSHOP
ENTERPRISE AGREEMENT 2003

Application by Automotive, Food, Metals,
Engineering, Printing and Kindred
Industries Union - Vehicle Division
Victorian Region and Another

PN86

MS S. SCHLESINGER: I appear for the Australian Manufacturing Workers Union.

PN87

THE COMMISSIONER: All right, and no-one from Peninsula Bus Lines?

PN88

MS SCHLESINGER: I thought the company was perhaps going to be represented today, but I am sure they would rely on their statutory declarations that have been filed.

PN89

THE COMMISSIONER: Right. Well, we have the statutory declarations. Do you intend to rely upon your statutory declarations?

PN90

MS SCHLESINGER: Yes, Commissioner, we do. The agreement was filed in time.

PN91

THE COMMISSIONER: Yes.

PN92

MS SCHLESINGER: It meets the relevant requirements of the Act, and I would just draw the Commission's attention to the fact that it has a nominal expiry date and a disputes procedure.

PN93

THE COMMISSIONER: Okay, thank you. All right. In this matter the agreement shall be known as the Peninsula Bus Lines Workshop Enterprise Agreement 2003. Based on the material provided by way of statutory declarations the Commission is satisfied that all provisions of section 170 have been complied with. The Commission will certify the agreement which will operate from 15 April 2003 and have an expiry date of 14 April 2006. Thank you very much.

AG2003/9957

NATRA PTY LTD CERTIFIED AGREEMENT
2003

Application by Natra Pty Ltd and
Another

PN94

MR J. GRUNDY: I appear for the company.

PN95

THE COMMISSIONER: Thank you, Mr Grundy. All right. No-one from the union? Ms Jastrzebski, are you representing the union in this matter, which is Nylex? Not Nylex, Natra.

PN96

MS R. JASTRZEBSKI: No, Natra.

PN97

THE COMMISSIONER: Just had a takeover bid.

PN98

MS JASTRZEBSKI: Natra?

PN99

MR GRUNDY: Well, it was part of the group.

PN100

THE COMMISSIONER: Have you got Natra? 9957?

PN101

MS JASTRZEBSKI: 9957? I actually don't, Commissioner.

PN102

THE COMMISSIONER: Okay.

PN103

MS JASTRZEBSKI: But we are a party?

PN104

MR GRUNDY: Yes.

PN105

MS JASTRZEBSKI: I will represent the union if they are a party to the agreement, Commissioner.

PN106

THE COMMISSIONER: All right. No worries. All right. The statutory declarations have been provided. The Commission doesn't have to use its discretionary powers. Do the parties simply rely upon the statutory declarations?

PN107

MR GRUNDY: Yes, Commissioner.

PN108

THE COMMISSIONER: Yes?

PN109

MS JASTRZEBSKI: Yes, Commissioner.

PN110

THE COMMISSIONER: Okay. All right. The agreement in this matter shall be known as the Natra Pty Ltd Certified Agreement 2003. Based on the material provided to the Commission by way of statutory declarations the Commission is satisfied that all provisions of section 170 have been complied with. The agreement shall operate therefore from 1 April 2003 and have a nominal expiry date of 31 March 2006. Thank you very much.

AG2003/9971

EMPIRE RUBBER "STAFF" CERTIFIED
AGREEMENT 2003

Application by Empire Rubber (Nylex
Industrial Products Pty Ltd) and
Another

PN111

MR R. NAUGHTON: I seek leave to appear on behalf of the company.

PN112

MS R. JASTRZEBSKI: I appear for the Australian Manufacturing Workers Union.

PN113

THE COMMISSIONER: Right, thank you. Do you have any objections, Ms Jastrzebski, to Mr Naughton seeking leave.

PN114

MS JASTRZEBSKI: Not in this matter, Commissioner.

PN115

THE COMMISSIONER: Thank you. Leave is granted, Mr Naughton.

PN116

MR NAUGHTON: May it please you, sir. You had some involvement assisting the parties negotiating this agreement at any early stage. The agreement is made under section 170LJ of the Act. If I could draw your attention to the stat decs. One error in the statutory declarations is that they refer to the Metals Award as the underlying award.

PN117

THE COMMISSIONER: Right.

PN118

MR NAUGHTON: As you will see from the agreement the underlying award is actually the Rubber, Plastic and Cablemaking Industry Technical and Supervisory Award, and the Drafting Production Planners and Technical Award 1998, so I would seek leave of the Commission under section 111(1)(p) or (q) to amend the statutory declarations in relation to that matter. But save for that, sir, the parties rely on the statutory declarations that have been filed. The agreement satisfies the requirements of section 170LT and we request that it be certified.

PN119

THE COMMISSIONER: Right. Thank you. Yes, Ms Jastrzebski?

PN120

MS JASTRZEBSKI: Commissioner, the AMWU supports the submission that has been made and I was actually told about the error in the statutory declaration yesterday evening, and the correct award is in clause 6 of the agreement, and we believe that the requirements of the Act have been met, and we would ask that this be certified, if the Commission pleases.

PN121

THE COMMISSIONER: Right. I note that there is a requirement for the Commission to use its discretionary powers under section 111(1)(r).

PN122

MR NAUGHTON: Yes, sir.

PN123

THE COMMISSIONER: Can the parties assure the Commission that there hasn't been a change to the workforce to the extent that if a vote were taken now it may result in a different outcome?

PN124

MR NAUGHTON: No change in the composition.

PN125

THE COMMISSIONER: Thank you. You concur with that, Ms Jastrzebski?

PN126

MS JASTRZEBSKI: Yes, I do, Commissioner.

PN127

THE COMMISSIONER: All right. Thank you. All right. There is two matters the Commission is required to do. Firstly, it is required to use its discretionary powers under section 111(1)(r), grant the extension of time in which the application for certification had to be made. Secondly, in regards to 111(1)(q) correct, amend or waive any error, defect or irregularity, whether in substance or in form, the Commission is prepared to do that in terms of the appropriate award. Having done that, the parties rely upon their statutory declarations. Just as a note, the statutory declaration from the union is in the wrong format. If that can be corrected in future.

PN128

The agreement in this matter shall be known as the Empire Rubber "Staff" Certified Agreement 2003. The Commission is satisfied, based on the material provided by way of statutory declarations that all provisions of section 170 have been complied with. The agreement shall operate from the date of certification, which is today's date, 9 December 2003, and shall remain in force until 30 June 2006. Thank you very much.

AG2003/9965

ALBANY INTERNATIONAL COLLECTIVE
BARGAINING AGREEMENT 2003

Application by the Automotive, Food, Metals,
Engineering, Printing and Kindred Industries
Union - Victorian Branch and Another

PN129

MS R. JASTRZEBSKI: I appear for the Australian Manufacturing Workers Union.

PN130

THE COMMISSIONER: All right, Ms Jastrzebski. There is just one issue in terms of section 111(1)(r). Can you assure the Commission that there hasn't been a change to the workforce to the extent that if a vote were taken now it may result in a different outcome?

PN131

MS JASTRZEBSKI: I can, Commissioner. I have also a letter from a Mr Craig McGregor, the Human Resources officer at the company, supporting a request for an extension of time and confirming that there has been no change to the workforce.

PN132

THE COMMISSIONER: Okay. Great. Thanks for that.

PN133

MS JASTRZEBSKI: Thank you.

PN134

THE COMMISSIONER: All right. The Commission is prepared to use its discretionary powers under section 111(1)(r) and grant the extension of time under which the application for certification had to be made. The agreement in this matter shall be known as the Albany International Collective Bargaining Agreement 2003. Based upon the material provided by way of statutory declarations the Commission is satisfied that all provisions of section 170 have been complied with. The Commission will certify the agreement which shall operate from 1 October 2003 and have a nominal expiry date of 31 March 2006. Thank you very much.

AG2003/9975

BRENCO THERMAL COATINGS COLLECTIVE
BARGAINING WORKSHOP AGREEMENT 2003

Application by the Automotive, Food, Metals,
Engineering, Printing and Kindred Industries
Union - Victorian Branch and Others

PN135

THE COMMISSIONER: Yes, Ms Jastrzebski?

PN136

MS R. JASTRZEBSKI: Commissioner, this is very much out of time, I believe. There was a vote on 29 August and we were not able to lodge this until 25 November. I spoke to the organiser for the site and he assures me that the number of employees is the same as at the time of the vote, that they still support the agreement, and are in fact anxious to see the agreement certified. Apart from the late application, we believe the requirements of the Act have been met.

PN137

THE COMMISSIONER: Okay. Thank you.

PN138

MS JASTRZEBSKI: Thank you.

PN139

THE COMMISSIONER: All right. The agreement in this matter shall be known as the Brenco Thermal Coatings Collective Bargaining Workshop Agreement 2003. The Commission is prepared to use its discretionary powers under section 111(1)(r) and grant the extension of time in which the application for certification had to be made. Based upon the material provided by way of statutory declarations the Commission is satisfied that it should certify the agreement which will operate from 1 April 2003 and have a nominal expiry date of 31 March 2006.

AG2003/9976

BRIESS CONSTRUCTION PTY LTD
(ALTONA AREA) CERTIFIED
AGREEMENT 2003-2006

Application by the Automotive, Food, Metals,
Engineering, Printing and Kindred Industries
Union - Victorian Branch and Others

PN140

THE COMMISSIONER: Ms Jastrzebski, do you appear in this matter? It is the Briess Construction?

PN141

MS R. JASTRZEBSKI: Briess. Yes, I do.

PN142

THE COMMISSIONER: Right. Again, the Commission is required to use its discretionary powers under section 111(1)(r), and can you assure the Commission there hasn't been a change to the workforce to the extent that if a vote were taken now it may result in a different outcome?

PN143

MS JASTRZEBSKI: Yes, I can, Commissioner.

PN144

THE COMMISSIONER: I notice that the agreement was voted on in June.

PN145

MS JASTRZEBSKI: That is correct. There was a group of companies that do work in either the Altona or the Geelong areas, and they all came into the Geelong office, and in one day the agreements were processed there. Then a whole group of agreements were mislaid somewhere between the Geelong office and the Melbourne office. There was a meeting of the Geelong district committee and the shop stewards of the places that these agreements relate to, and confirmed that they had held meetings to ensure that there was still support of the agreements, and also did head counts to make sure that there had been not too much of a change in the number of employees.

PN146

THE COMMISSIONER: Okay.

PN147

MS JASTRZEBSKI: Thank you.

PN148

THE COMMISSIONER: All right. In this matter the Commission is prepared to use its discretionary powers under section 111(1)(r) and grant the extension of time in which the application for certification had to be made. The agreement in this matter shall be known as the Briess construction Pty Ltd (Altona Area) Certified Agreement 2003-2006. Based upon the material provided by way of statutory declarations the Commission is satisfied that all provisions of section 170 have been complied with. The Commission will certify the agreement, which will operate from the first full pay period on or after 1 April 2003. The agreement shall have a nominal expiry date of 31 March 2006.

AG2003/9977

BRIESS CONSTRUCTION PTY LTD
CERTIFIED CONSTRUCTION AGREEMENT
2003/2006

Application by the Automotive, Food, Metals,
Engineering, Printing and Kindred Industries
Union - Victorian Branch and Others

PN149

THE COMMISSIONER: Yes, Ms Jastrzebski?

PN150

MS R. JASTRZEBSKI: This - - -

PN151

THE COMMISSIONER: The same thing.

PN152

MS JASTRZEBSKI: The same company. This agreement applies to the work they do in construction and it was also one of the Geelong area agreements that were mislaid.

PN153

THE COMMISSIONER: Okay, and the same goes in regards to the workforce?

PN154

MS JASTRZEBSKI: Yes.

PN155

THE COMMISSIONER: Yes. Okay. All right. The Commission in this matter is prepared to use its discretionary powers under section 111(1)(r) to grant the extension of time in which the application for certification had to be made. The agreement in this matter shall be known as Briess Construction Pty Ltd Certified Construction Agreement 2003/2006. Based upon the material provided by way of statutory declarations the Commission is satisfied that all provisions of section 170 have been complied with. The Commission will certify the agreement which will operate from 1 April 2003 and shall expire on 31 March 2006.

AG2003/9978

TOTAL HOSE (AUSTRALIA) PTY LTD
(ALCOA) CERTIFIED AGREEMENT
2003-2006

Application by the Automotive, Food, Metals,
Engineering, Printing and Kindred Industries
Union - Victorian Branch and Others

PN156

THE COMMISSIONER: Ms Jastrzebski, do you appear in this matter, which is Total Hose?

PN157

MS R. JASTRZEBSKI: Yes, I do.

PN158

MR C. WINTER: And I also do, Commissioner.

PN159

THE COMMISSIONER: Mr Winter.

PN160

MR WINTER: We have two members. One each.

PN161

MS JASTRZEBSKI: I would like to hand up some missing documents, if I may.

PN162

THE COMMISSIONER: What would you do if there was a split vote?

PN163

MR WINTER: I suppose the Metal Workers represent the tradesman and we represent the assistant, so it could be difficult. Or we poach the member.

PN164

THE COMMISSIONER: Okay. All right. The Commission is required to use its discretionary powers under section 111(1)(r), but - all right. You rely upon your statutory declarations, and there hasn't been a change to the workforce to the extent that if a vote were taken now it may result in a different outcome amongst your two members each, or one member each?

PN165

MR WINTER: That is correct, Commissioner.

PN166

MS JASTRZEBSKI: That is correct, Commissioner.

PN167

THE COMMISSIONER: All right. The Commission in this matter is prepared to use its discretionary powers under section 111(1)(r) and grant the extension of time in which the application for certification had to be made. The agreement shall be known as Total Hose (Australia) Pty Ltd (Alcoa) Certified Agreement 2003-2006. Based on the material provided by way of statutory declaration the Commission is satisfied that all provisions of section 170 have been complied with. The agreement shall operate from 1 April 2003 and have a nominal expiry date of 31 March 2006.

ADJOURNED INDEFINITELY [9.16am]