AG2004/2008, Transcript of Proceedings [2004] AIRCTrans 1019 (19 March 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 10, 15 Adelaide St BRISBANE Qld 4000
(PO Box 13038 George Street Post Shop Brisbane Qld 4003)
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TRANSCRIPT OF PROCEEDINGS

O/N 2324

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RICHARDS

AG2004/2008

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under Section 170LJ of the Act
by Smorgon Steel Distribution Pty Ltd and
ANI Corporation Limited and National Union
of Workers for certification of the Smorgon
Steel Metals Distribution Certified Agreement
2004-2006 (Queensland)

BRISBANE

2.57 PM, THURSDAY, 4 MARCH 2003

PN1

THE COMMISSIONER: Sorry to keep you waiting. If we could just take appearances.

PN2

MS C. MURPHY: I appear for Smorgon Steel Metals Distribution.

PN3

THE COMMISSIONER: Thanks, Ms Murphy. Anyone appearing with you today?

PN4

MR M. FURNER: I appear on behalf of the National Union of Workers.

PN5

THE COMMISSIONER: Good. Thanks, Mr Furner. Ms Murphy.

PN6

MS MURPHY: Commissioner, this is an application made under Division 2 of Part VIB of the Act for certification of an agreement made in accordance with Section 170LJ. The terms of the agreement were reached between the company and the National Union of Workers on behalf of employees whose occupations and callings are covered by the terms of the Storage Services Steel Distributing Award 2000.

PN7

The parties have prepared statutory declarations which we believe meet all the requirements of the Act, Regulations and Rules of the Commission. We further submit that all of the requirements of Section 170LJ and 170LT have been met, namely, the agreement we submit does not disadvantage the employees covered by it; see item 7.3 of the statutory declaration. The agreement is a stand-alone industrial instrument which has incorporated the award's terms and conditions into the agreement as the foundation upon which further benefits have been negotiated and included. Specifically, the agreement provides for annual increase in wages and allowances of 4 per cent in the first year, 4.5 per cent in the second year, and 4.25 per cent in the third year, if you refer to clause 5.1.5.

PN8

The agreement has also increased supervisory allowances - refer to schedule C - and introduces a weekly allowance for representatives of the safety committee - see clause 5.4.5. The agreement includes new family-friendly provisions, such as paid maternity leave of 12 weeks and paid paternity leave of one week - see clause 7.7 - and removes the cap on sick leave that may be used for carer's leave - see clause 7.6 - and has introduced a 12-month trial period whereby an employee can take a single day absence without the need to produce evidence of illness if the day off is not taken either side of a non-work day, and see clause 7.4.6.

PN9

Commissioner, the agreement also retains all of the over-award benefits under the previous agreement, such as improved redundancy entitlements - see clause 4.7.3 - relocation allowances - see clause 4.12 - and improved access to long service leave - see clause 7.2. A valid majority of employees genuinely approved the agreement on 17 February 2004; see item 6.2 of the statutory declaration. Access to the agreement and an explanation of the terms of the agreement occurred in accordance with the requirements of Section 170LT(7) and was appropriate having regard to the particular circumstances of the employees covered by the agreement; see item 6.6 of the statutory declaration.

PN10

The agreement contains a dispute settlement procedure at clause 3.2, and the period of operation of the agreement is set out in clause 1.4, where it is stated that the agreement will expire on 31 December 2006. We therefore request that the Commission certify the agreement in the terms sought. If it pleases the Commission.

PN11

THE COMMISSIONER: Good. Thanks, Ms Murphy. Mr Furner.

PN12

MR FURNER: Commissioner, briefly, we would commend the agreement to the Commission for certification on today's date. May it please the Commission.

PN13

THE COMMISSIONER: Thanks, Mr Furner. Perhaps I will ask this of you, Mr Furner, in that we have just been dealing with a related matter in the previous application. The disputes resolution clause at clause 3.5: despite its terms, am I to assume in this instance also, for the same reason as the last agreement, that there are no limitations on representation over the course of that disputes procedure?

PN14

MR FURNER: Commissioner, quite obviously if there was a dispute in relation to a matter covered by the agreement where a person was not a member of the recognised union, that person certainly would have entitlements to be represented otherwise through the procedure.

PN15

THE COMMISSIONER: Thanks, Mr Furner. Ms Murphy, is that your understanding as well?

PN16

MS MURPHY: Yes, it is.

PN17

THE COMMISSIONER: Good, thank you. Look, I have examined the documentation in relation to this matter and I have no other concerns. I am satisfied that the agreement has met the requirements of the Act and has been made in conformity with the Rules of the Commission. As a consequence, pursuant to clause 1.4.1 of the agreement, I certify it to operate in its own terms from today's date through to 31 December 2006. Am I correct on that date, by the way?

PN18

MS MURPHY: You are indeed, Commissioner.

PN19

MR FURNER: That's correct.

PN20

THE COMMISSIONER: Good. Thanks very much, everyone. We're adjourned.

ADJOURNED INDEFINITELY [3.03pm]