AG2003/1140, Transcript of Proceedings [2003] AIRCTrans 875 (18 March 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

AG2003/1140

APPLICATION FOR DETERMINATION OF DESIGNATED
AWARD FOR CERTIFIED AGREEMENT

Application under section 170XF of the Act
by Newcastle Stevedores Pty Limited and the
Maritime Union of Australia for determination
of designated award for certified agreement

SYDNEY

4.10 PM, THURSDAY, 27 FEBRUARY 2003

PN1

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

PN2

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

PN3

THE COMMISSIONER: Thank you.

PN4

MR G. BEESLEY: Commissioner, I appear for Newcastle Stevedores.

PN5

THE COMMISSIONER: Yes, thank you, Mr Beesley. Yes, Mr Giddins?

PN6

MR GIDDINS: Commissioner, we asked that this matter be called on first because subject to any decision you may make, it have some pivotal importance in respect of the subsequent application that you will hear this afternoon. The application for the designation of an appropriate award was filed by the Maritime Union on 7 February 2003. Within the terms of that application the MUA has outlined the nature of work that is performed by Newcastle Stevedores and essentially that is or could best be described as exclusively of a stevedoring nature.

PN7

Mr Beesley I'm sure would be happy to indicate the nature of the work his employees perform but we would have no doubt at all that the type of work and the description of work is that which would fall within the terms of the Stevedoring Industry Award and we say that the two awards that should be used for determining satisfaction of the "no disadvantage test" is the Stevedoring Industry Award 1999 and the Stevedoring Industry (Long Service Leave) Award 1992. We would ask that you determine consistent with our application.

PN8

THE COMMISSIONER: Yes, thank you. Yes, Mr Beesley?

PN9

MR BEESLEY: Yes, I agree with that, Mr Commissioner.

PN10

THE COMMISSIONER: Thank you. Yes, on the basis of the submissions and the documentation, the Commission determines that the Stevedoring Industry Award 1999 and the Stevedoring Industry (Long Service Leave) Award 1992 are appropriate awards to be used for the purpose of deciding whether any agreement passes the "no disadvantage test." A formal determination will issue in due course. On that basis these proceedings are now adjourned. Thank you.

ADJOURNED INDEFINITELY [4.13pm]