AG2004/2079, Transcript of Proceedings [2004] AIRCTrans 1134 (25 March 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 6414

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2004/2079

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by the Transport Workers Union of Australia
and Others for certification of the Airport
Fuel Services Agreement 2004

MELBOURNE

11.31 AM, MONDAY, 15 MARCH 2004

PN1

THE COMMISSIONER: I will take appearances.

PN2

MS P.DOODY: I appear on behalf of the Transport Workers Union of Australia.

PN3

THE COMMISSIONER: Thank you. And in this matter, Mr Gees from Caltex has contacted the Commission this morning and has indicated he supports the making of the agreement and apologises for his absence. Ms Doody.

PN4

MS DOODY: Thank you, Commissioner. If the Commission pleases, this is an application made under Division 2 of Part VIB of the Workplace Relations Act 1996 for the certification of an agreement pursuant to section 170LJ of that Act. All of the requirements of the Act, regulation and rules of the Commission have been met in the making of this agreement and you should have before you a statutory declaration on behalf of John Allen, the Federal Secretary, to that effect.

PN5

The agreement meets the requirements of section 170LT of the Act in that it passes the no-disadvantage test. The agreement was genuinely approved by a valid majority of relevant employees. The terms of the agreement were appropriately explained to those employees. It contains a dispute settlement procedure at clause 17 of the agreement and contains a nominal expiry date of 5 February 2005 at clause 2 of the agreement.

PN6

In relation to the no-disadvantage test, the agreement is underpinned by the Transport Workers (Oil Companies) Award of 1998. Unless there are any further questions, Commissioner, we are seeking that the agreement be certified from today's date in the terms sought. Thank you.

PN7

THE COMMISSIONER: Yes, thanks Ms Doody. This is an application pursuant to section 170LJ of the Workplace Relations Act between the Transport Workers Union of Australia and Airport Fuel Services for the making of an agreement to be known as the Airport Fuel Services Agreement 2004.

PN8

Having confirmed with myself and with the parties that the application meets the requirements of the Act and the rules of the Commission, the Commission, pursuant to section 170LT of the Workplace Relations Act 1996 certifies the said agreement. The agreement is to come into force from today's, 15 March 2004 and it shall remain in force until 4 February 2005. The matter is adjourned. Thank you.

ADJOURNED INDEFINITELY [11.34am]