AG2004/1868, Transcript of Proceedings [2004] AIRCTrans 1021 (19 March 2004)

AUSCRIPT PTY LTD
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Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N 6311
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

AG2004/1868

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by National Union of Workers - Victorian
Branch and Another for certification of the
Martec Pty Ltd and the National Union of Workers
Certified Agreement 2003-2004

MELBOURNE

12.01 PM, THURSDAY, 4 MARCH 2004

PN1

MR T. LYONS: I appear on behalf of the National Union of Workers.

PN2

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Lyons.

PN3

MR LYONS: Thank you, your Honour. In relation to this matter the union and employer seek certification of an agreement between the parties, known as the Martec Pty Ltd and the National Union of Workers Certified Agreement 2003-2004. In making that application the union relies on the declaration of Mr Donnelly, which should appear on the file of the Commission. We say that declaration makes out that all the requirements of the Act in relation to the application have been met.

PN4

I note there is no appearance entered by the employer; however, there should appear on the file of the Commission a declaration of Mr Gordon Young, who is the accounting administration manager of the employer. That declaration is in the same terms as that of the union and indicates the employer's support for the certification of the agreement.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, it does appear on the file and I will rely on that as to the position of the employer.

PN6

MR LYONS: I don't think there is any other matter of a technical nature to do with the making of the agreement or the declarations, your Honour. Perhaps for completeness I will refer again to the issue concerning union notification clauses. This agreement also contains one at clause 41; however, in this case in the form approved by Health Minders in any case.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes.

PN8

MR LYONS: Not that the matter is of great merit, given your Honour's view about the implementation of Unilever, but I note that for the record that on either of the bases which we have referred to in the proceedings this morning this agreement is capable of certification.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes.

PN10

MR LYONS: If the Commission pleases.

PN11

THE SENIOR DEPUTY PRESIDENT: Just before you finish, there is a note on the file which was lodged, I think, with the material indicating - to quote:

PN12

Please note wage appendix not to be published on Internet.

PN13

Are you able to enlighten me on that? Is it the desire of the parties that the wage appendix will presumably not appear on the file other than in a sealed form?

PN14

MR LYONS: Yes, I am sorry, your Honour, I didn't - I was given verbal instructions about that some time ago and neglected to mention it. The parties - I understand that the appendix 1 wage rates have some commercial sensitivity for the employer.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes.

PN16

MR LYONS: As a result, the parties have agreed that we would seek that appendix 1 be sealed on the file and opened only with the consent of a member of the Commission.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes.

PN18

MR LYONS: Or an application of one or both parties. I think that it is purely as these - it is normally the case that the employer simply wishes that its direct competitors don't know the wages that it pays. The wages, of course, were made available to the employees and form part of the agreement. We just seek that it not form part of the public record.

PN19

THE SENIOR DEPUTY PRESIDENT: Very well. Well, I will have the appendix removed from each of the agreements and replaced by a note indicating that appendix 1 appears in sealed form within the file and not to be published on the Internet and not to be accessed other than with the consent of the Commission or the Registrar or by application of the parties to the agreement. Very well.

PN20

This is a section 170LJ application for certification of the Martec Pty Ltd and the National Union of Workers Certified Agreement 2003-2004. I am satisfied that the agreement is about matters pertaining to the relationship between the employees and the employer within the meaning of section 170LI of the Act. I note that there is a union notification clause within the agreement, but that is of the form in clause 41 approved by a Full Bench in Health Minders, print PR926554, and it indicates would not alter the nature of the agreement as a whole within the meaning of the Unilever decision in print PR940027. Accordingly, I am satisfied the agreement meets the statutory requirement within section 170LI.

PN21

I am also satisfied the agreement meets the requirements of section 170LT of the Act and that nothing arises in respect of section 170LU which would prevent certification of the agreement. I will certify the agreement in the terms entered into between the parties and will take steps to secure the content of appendix 1 within the file in the manner earlier indicated on transcript. I will now adjourn that matter.

ADJOURNED INDEFINITELY [12.07pm]