AG2003/579, Transcript of Proceedings [2003] AIRCTrans 911 (18 March 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

MUNRO J

AG2003/579

APPLICATION FOR CERTIFICATION OF
AGREEMENT

Application under section 170LS of the Act
by Hudson Pty Limited for certification of
the Hudson Minto Enterprise Agreement 2002-2005

SYDNEY

9.54 AM, MONDAY, 3 MARCH 2003

PN1

HIS HONOUR: This is matter AG 579 of 2003. It is another application in this instance under section 170LS lodged 17 February 2003 seeking an agreement to be known as the Hudson Minto Enterprise Agreement 2002-2005. The parties to this agreement also are Hudson Timber and Construction and the CFMEU. I shall take the appearances please.

PN2

MR B. BEECROFT: I am from the Timber Trade Industrial Association. Your Honour, I have Mr John Young who is the state manager for Hudson Timber and Hardware with me today.

PN3

MR P. DAVIES: I appear for the Construction, Forestry, Mining and Energy Union.

PN4

HIS HONOUR: Yes, thank you. This is the second matter involving Hudson this morning. I have the matter AG 578 of 2003 processed in a similar matter to apply to the Warnervale site. The application is to - what I find to be the single business of Hudson Proprietary Limited and timber manufacturing at 36 Stonny Batter Road, Minto in relation to employment under the Timber and Allied Industries Award 1999 at that site. Consequently, the agreement applies to the single business of Hudson Proprietary Limited or part of the single business constituted by its operations at the site at Minto, New South Wales.

PN5

I find accordingly this application also needs an extension of time of some 40 days. It ends a bargaining period in BP 4852 of 2002. I think the wages clause at clause 8 is similarly satisfactory and there is a minor question, I think, as to the timing of the approval that the documents were circulated on 6 December and because of an early rising for Christmas the agreement was approved by vote on 18 December. To the extent that there may be any non-compliance I waive under the powers available to be in the Act any resultant non-compliance. The agreement rates were paid for the Christmas shut down from that date.

PN6

I accept that there is an empowerment under clause 9 of the agreement for purposes of section 170LW. That empowerment is approved by me for purposes of section 170LW. In the circumstances all that I require is an application for extension of time. I assume that it is for the same reason as the Warnervale one, is it, Mr Beecroft?

PN7

MR BEECROFT: Yes, it is your Honour, if I could respectfully request we have an application for extra time in respect to the issue purely and simply because of the close down both with respect to the union and the company and indicate as to what you have already said that the wages were paid before Christmas. So wages were paid from 18 December.

PN8

HIS HONOUR: Mr Beecroft, while I have you on your feet. The work of Hudson Proprietary Limited what is it in broad terms? Is it manufacturing or - - -

PN9

MR BEECROFT: It is a manufacturing site, yes. It manufactures frames and trusses.

PN10

HIS HONOUR: Manufacturing timber structures.

PN11

MR BEECROFT: That is correct.

PN12

HIS HONOUR: Yes. Thank you. In the circumstances I will extend time to the extent necessary to permit lodgement of the application. I will certify the agreement. It will end the bargaining period in BP 4852 of 2002. I certify the agreement because I am satisfied that the requirement of the Act and Rules have been met. That satisfaction is founded upon the scrutiny of the statutory declarations the outcome of which is recorded in the checklist compiled by my associated and completed and signed by me following my perusal of the proposed agreement.

PN13

The signed copy of the checklist is retained as part of the file and as a component of the decision in this matter as is the finding that I made and recorded on transcript. In accordance with section 170LT I certify and approve as agreement 821798 in print 927916 the agreement in this matter. It shall come into force from 3 March 2003 and shall remain in force until 1 November 2005. I have signed a copy of the certificate. It has been sealed. It will be made available to the representatives in attendance prior to the calling of the next matter.

ADJOURNED INDEFINITELY [10.00am]