AG2004/1878, Transcript of Proceedings [2004] AIRCTrans 1069 (24 March 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 6353
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2004/1878

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Transport Workers Union of Australia and
Another for certification of the B.M.Walker's
Bus Service Pty Ltd Enterprise Agreement 2003

MELBOURNE

10.02 AM, WEDNESDAY, 10 MARCH 2004

PN1

MR L. DUFFIN: I appear on behalf of the Transport Workers Union.

PN2

MR R. LAMBERT: I am with the Bus Association and seek leave to appear in relation to this matter today.

PN3

THE COMMISSIONER: Yes, nice to see you, Mr Lambert. Have you any submissions, Mr Duffin?

PN4

MR DUFFIN: I think Mr Lambert has one additional matter in relation to the Bus Industry Agreement. It is an agreement that is made in time and conforms to all the statutory requirements.

PN5

THE COMMISSIONER: Yes, Mr Lambert.

PN6

MR LAMBERT: There was one item, sir, at 14(f) in the dispute - settlement of disputes - - -

PN7

THE COMMISSIONER: Sorry?

PN8

MR LAMBERT: One item in 14(f) of the settlement of disputes clause.

PN9

THE COMMISSIONER: 14(f), yes, just give me a moment to find it.

PN10

MR LAMBERT: 14(f) reads:

PN11

If the matter is not settled it may be submitted to the Commission.

PN12

We provide an undertaking that it should be referred to the Commission to exercise its powers in relation to conciliation and arbitration.

PN13

THE COMMISSIONER: Well, there is no need to change the format of the agreement if that is recorded on the transcript.

PN14

MR LAMBERT: Thank you.

PN15

MR DUFFIN: And that is for both parties, Commissioner.

PN16

THE COMMISSIONER: Yes. Well, the Commission is satisfied the agreement meets the requirements of the Act and the rules of the Commission. Accordingly, the agreement between the Transport Workers Union of Australia and B.M. Walker's Bus Service Pty Ltd, to be known as the B.M. Walker's Bus Service Pty Ltd Enterprise Agreement 2003, is pursuant to section 170LT of the Workplace Relations Act certified. The agreement comes into force from today's date, 10 March 2004, and will remain in force until 31 March 2006 and the extract of transcript which has Mr Walker's verbal undertaking shall be attached to the agreement. That matter is adjourned. Thank you.

ADJOURNED INDEFINITELY [10.04am]