AG2003/6, Transcript of Proceedings [2003] AIRCTrans 697 (3 March 2003)

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ABN 76 082 664 220

Level 2, 16 St George's Tce, PERTH WA 6000
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TRANSCRIPT OF PROCEEDINGS

O/N WT0 5879

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER O'CONNOR

AG2003/6
AG2003/7
AG2003/8

APPLICATIONS FOR CERTIFICATION
OF AGREEMENTS

Applications under section 170LK of the Act by:
BRE Management Limited, AVH Management Limited and
FRV Management Limited for certification of the AVH Management Ltd Certified Agreement, the BRE Management Pty Ltd Certified Agreement 2002 and FRV Management Ltd Certified Agreement

PERTH

11.52 AM, THURSDAY, 13 FEBRUARY 2003

Continued from 5.2.03

PN46

THE COMMISSIONER: We have the same appearances in this matter. Mr Brunner.

PN47

MR P. BRUNNER: Thank you sir.

PN48

THE COMMISSIONER: Ms Hart, Mr Delroy is an addition today.

PN49

MR BRUNNER: Thank you sir. And thank you also for allowing us the opportunity to talk in conference to resolve some of the issues that you raised last week. Based on those discussions we will not seek to change or amend or otherwise persuade you that the award that has been designated is inappropriate. We are content, based on those discussions, that that award will suffice for the purpose of the certification of these agreements. You have before you a copy of the wage matrix that has been prepared by the companies vis a vis the Federal Wine Industry Award and the proposed agreements.

PN50

I will ask Ms Hart to speak to that matrix for the benefit of the Commission and transcript purposes however, before that happens, we submit that with that information, in conjunction with the overall operation of the certified agreements - and we specifically refer to the ability to bank hours and its comparator with the Federal Award in that respect - that the agreements do meet the no disadvantage test. If it please the Commission I will now ask Ms Hart to talk to the matrix.

PN51

THE COMMISSIONER: All right thanks Mr Brunner.

PN52

MS S. HART: Sir, the matrix has basically been formulated based on some historical information from our companies. What we have done is put the categories of our employees across the top from permanent level 1's through to casual workers and piece rate workers. We have then looked at the major differences that were outlined by yourself last week in terms of the penalties, leave loadings, night work, they are the main ones. We have gone down and rated each one of those compared to our employees' rates and come up with some weekly figuretted comparisons above and below the award values, to our agreement.

PN53

Some are above, some are below, depending on the category of employee. The calculations, as I said, we worked out how many public holidays on average our employees are working in the vineyards - how many Sundays they would be working and applied those kinds of rates of ours across the matrix. And I think, based on our conversation just a few minutes ago in conference, I think we have determined that the permanent level 1's should be brought up to an hourly rate of $12.86, our permanent level 2's up to $13.30 per hour, our casual level 1's to $14.00 and our piece rate level 1's up to $14.00.

PN54

THE COMMISSIONER: Right thanks for that Ms Hart.

PN55

MS HART: Thank you sir.

PN56

MR BRUNNER: Thank you sir. With those comments, we would seek certification of the agreements and those to be operable as of today's date. We will, as indicated, get a copy of each agreement to you with those amendments in place so you have the true document that will be applied. Thank you.

PN57

THE COMMISSIONER: Right thanks Mr Brunner. This is an application for the certification of three certified agreements pursuant to section 170LK of the Workplace Relations Act 1996 by FRV Management Ltd, BRE Management Pty Ltd and AVH Management Ltd and its employees. The agreements are between a constitutional corporation and its employees who are to be covered by the agreements. The agreements cover parts of single businesses. Awards apply, being the Wine Industry AWU Award 1999 for the purpose of the no disadvantage test.

PN58

The agreement, in accordance with section 170XA, subject to the amendments which have been read into transcript, does not disadvantage employees in relation to their wages and conditions. The agreements have provisions for settling industrial disputes. The agreements are for fixed terms. The agreements have been genuinely approved by a valid majority of employees who will be subject to them. The employees were provided with a copy of the agreements at least 14 days prior to a ballot and application for certification was lodged within 21 days of approval.

PN59

All the statutory requirements necessary for certification have been met and, subject to the amendments, I will certify the agreement to be operative from 13 February 2003 and to remain in force until 25 November 2005. The matter stands adjourned.

ADJOURNED INDEFINITELY [11.57am]