AG2003/1442, Transcript of Proceedings [2003] AIRCTrans 873 (18 March 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

AG2003/1442

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by P&O Ports Limited and Another for
certification of the P&O Ports Fremantle
General Stevedoring Enterprise Agreement 2002

SYDNEY

3.50 PM, THURSDAY, 27 FEBRUARY 2003

PN1

THE COMMISSIONER: Yes, could I have the appearances please?

PN2

MR C. BARTON: I appear for the company.

PN3

THE COMMISSIONER: Yes, thank you.

PN4

MR W. GIDDINS: Commissioner, I appear in this matter for the Maritime Union of Australia.

PN5

THE COMMISSIONER: Yes, Mr Giddins. Yes, Mr Barton?

PN6

MR BARTON: Commissioner, I wonder if I could just hand up some amending documents? There were some minor errors, not of substance, but clearly inconsequential but we have corrected them, so there is an amended statutory declaration of Mr Andrew Adam. There is an amended agreement with marked up changes and there is a clean copy of that agreement. We don't actually have three copies, but we will undertake to provide those to the Registry as soon as practical.

PN7

THE COMMISSIONER: The stat dec will be put on the file.

EXHIBIT #P&O1 AMENDED AGREEMENT WITH MARKED UP CHANGES

EXHIBIT #P&02 AMENDED AGREEMENT CLEAN COPY

PN8

THE COMMISSIONER: Yes, Mr Barton?

PN9

MR BARTON: Thank you, Commissioner. Copies of those documents have been provided to Mr Giddins and as I indicated, those amendments are I think, it is agreed they are inconsequential, a tidying up thing. Commissioner, we would submit that the agreement satisfies the statutory requirements. This Commission is probably aware this is part of a series of agreements being negotiated between P&O Ports and the MUA and attached to the statutory declaration, is a detailed table which makes the comparison between the award and the agreement and as I indicated we would submit that all of the statutory requirements are met. If the Commission pleases.

PN10

THE COMMISSIONER: Yes, thank you. There is one matter - yes, thank you, Mr Barton? Yes, Mr Giddins?

PN11

MR GIDDINS: Commissioner, we support and commend the document for certification subject to your acceptance of the newly attempted agreement and the statutory declaration filed as an exhibit this morning. We say that the terms of the Act and the rules have been complied with and in particular, the no disadvantage test and we see no reason why the Commission couldn't, subject to any views you may have, support certification of the agreement.

PN12

THE COMMISSIONER: Yes, thank you. Yes, this is an application to have certified an agreement that is to be known as the P&O Ports Fremantle General Stevedoring Enterprise Agreement 2002. The parties to the agreement are P&O Ports and the MUA for short. On the basis of the submissions and documentation, the Commission is satisfied the relevant requirements of the Act and of the rules of the Commission have been complied with. Consequently the agreement will be certified and will come into force from 27 February 2003 and will remain in force until 30 June 2005. On that basis these proceedings are now adjourned. Thank you.

ADJOURNED INDEFINITELY [3.55pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #P&O1 AMENDED AGREEMENT WITH MARKED UP CHANGES PN8
EXHIBIT #P&02 AMENDED AGREEMENT CLEAN COPY PN8