AG2004/1864, Transcript of Proceedings [2004] AIRCTrans 1130 (25 March 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 6410

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2004/1864

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Bowen and Pomery Pty Limited and Another
for certification of the Bowen Enterprise
Bargaining Agreement (4)

MELBOURNE

1.07 PM, MONDAY, 15 MARCH 2004

PN1

MS E. WATT: I am from the Timber Merchants' Association appearing on behalf of Bowen and Pomery Proprietary Limited.

PN2

MR M. RYAN: I represent the CFMEU.

PN3

MS WATT: Thank you. Your Honour, this is an application under division 2 of Part VIB of the Act for certification of an agreement between Bowen Pomery Proprietary Limited and the CFMEU regarding staff who would be covered by the Timber and Allied Industries Award (1999). The Agreement is the Fourth Enterprise Bargaining Agreement between the parties. The first one was in April 1997. The parties have a history of consultation and negotiation regarding enterprise bargaining agreement and this one was no different. Negotiations took place between the parties over a period of a few months with management to the union and employee representative present at the negotiation meetings.

PN4

The Agreement was put to a vote on 23 December 2003 and accordingly, I am also making an application for the Commission to exercise discretion to extend the prescribed period of time because the Agreement was not actually lodged until 20 February 2004. The Agreement does not disadvantage any employees. All employees had access to a copy of the Agreement for a minimum of 14 days prior to the vote being held and the terms and conditions of the Agreement were explained to all employees in meetings both by the union and consultative committee representatives and by management, and the vote to approve the Agreement was by a significant majority.

PN5

The reason for the application for the extension of the required period of time is unfortunately because the vote took place immediately before Christmas. It was not going to be dealt with until after Christmas and with several people on leave until - one on leave until mid January and one on leave until mid February, the preparation of the statutory declarations didn't actually take place until late January. That was partly because of an administrative failure in my office and also partly because there were not - the required paper were not available at the union at the time.

PN6

My understanding is that in the time between mid January when the Agreement should have been lodged and 20 February, there was no significant change in staff numbers and certainly not enough to have made a difference if the vote were re-taken. Unless the Commission has questions, your Honour, I would like to rely on the statutory declarations.

PN7

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Ryan?

PN8

MR RYAN: Ms Watt has covered most aspects in the making of this Agreement and we support the application for certification of the Agreement.

PN9

THE SENIOR DEPUTY PRESIDENT: There is a matter I need to check in respect of this Agreement which will take a few minutes. What I propose to do is stand it down for a few minutes and I will go on to the next matter and come back to it.

SHORT ADJOURNMENT [1.12pm]

RESUMED [1.40pm]

PN10

THE SENIOR DEPUTY PRESIDENT: In regard to the Bowens and CFMEU Enterprise Bargaining Agreement I am satisfied I should grant the necessary extension of time for the lodgment of the application and relevant documentation in this matter. I am also satisfied I should certify the Agreement. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations. The certification of the Agreement will come into force from today's date and remain in force until 30 November 2005. I will now adjourn.

ADJOURNED INDEFINITELY [1.41pm]