AG2003/59, Transcript of Proceedings [2003] AIRCTrans 792 (12 March 2003)

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

O/N WT05900

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT BLAIN

AG2003/59

APPLICATION FOR CERTIFICATION
OF AGREEMENT

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

PERTH

12.22 PM, THURSDAY, 20 FEBRUARY 2003

PN1

MR A. JOHNSON: I appear on behalf of the applicant union.

PN2

MR B. ADAMS: I appear on behalf of the Fremantle Cemetery Board.

PN3

THE DEPUTY PRESIDENT: Mr Johnson, would you like to commence?

PN4

MR JOHNSON: Thank you, your Honour. Your Honour, we received communication from your office on 13 February where there were a number of corrections to the document and also there was submissions required by the union in respect of the antecedent dispute notification that led to the creation of the award and subsequent settling of this industrial matter. I have had opportunity to confirm with your Associate that the correspondence was received, sent on 17 February. I am not sure whether you wish me to address that any further or whether you are satisfied that the amendments and information as requested has been complied with.

PN5

THE DEPUTY PRESIDENT: Indeed. I am satisfied and would like to thank you for the thorough explanation.

PN6

MR JOHNSON: Thank you your Honour. In respect of the agreement, perhaps I will briefly address the agreement, in our view, complies with the terms and provisions of the Workplace Relations Act to the extent that it has a proper dispute settlement mechanism, that its terms are consistent with the requirements of the Act and we also have filed the appropriate statutory declarations and it is our view that they have been filed consistent with the provisions of the Act and that the agreement itself has a defined period, as required by the Act, and therefore is a complying enterprise bargaining agreement pursuant to the terms of section 170LS of the Workplace Relations Act.

PN7

Just in closing, I would like to take this opportunity to thank the Commission and also to thank your Associate for the help and your patience in this matter because it has been a little bit complex and we appreciate and put on the record our thanks for the guidance and assistance that the Commission has provided in these proceedings.

PN8

THE DEPUTY PRESIDENT: Thank you for that. Mr Adams?

PN9

MR ADAMS: Your Honour, Fremantle Cemetery Board is very happy with the agreement and we commend it to the Commission. We are happy to implement it as soon as it is endorsed.

PN10

THE DEPUTY PRESIDENT: Thank you, Mr Adams, for that statement of support. Mr Johnson, just one final question if you are able, to confirm for me that the agreement does pass the no disadvantage test as of today's date?

PN11

MR JOHNSON: Yes, your Honour. There are no terms or provisions contained within the agreement that I am aware of that would provide anything less than the award provisions when considered overall, in accordance with the relevant provisions of the Act.

PN12

THE DEPUTY PRESIDENT: Thank you for that.

PN13

MR JOHNSON: Thank you.

PN14

THE DEPUTY PRESIDENT: I turn now to the certification of the agreement. 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 Fremantle Cemetery Board Western Australia Agreement 2002. Having heard Mr A. Johnson on behalf of the Western Australian Shire Councils, Municipal Road Boards, Health Board, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union, the union, and Mr B. Adams on behalf of the Fremantle Cemetery Board of Western Australia, and having read the statutory declarations filed by Mr A. Bennett on behalf of the union and Mr B. Adams on behalf of the Fremantle Cemetery Board of Western Australia, I am satisfied that the agreement is made in part settlement of the industrial dispute identified in matter C number 01609 of 1978.

PN15

I am also satisfied as to the following: 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 includes procedures for preventing and settling disputes between the employer and the employee 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.

PN16

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. Accordingly, the agreement will be certified with effect from 20 February 2003 to operate from the same date. The formal certificate will issue in due course. I adjourn these proceedings.

ADJOURNED INDEFINITELY [12.27pm]