AG2004/2110, Transcript of Proceedings [2004] AIRCTrans 1202 (29 March 2004)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BACON

AG2004/2110

APPLICATION FOR CERTIFICATION OF AGREEMENT

Application under section 170LS of the Act
by Mackay City Council, Australian Municipal
Administrative Clerical and Services Union and
Association of Professional Engineers, Scientists
and Managers, Australia re Mackay City Council
Federal Award Certified Agreement 2003

BRISBANE

10.15 AM, THURSDAY, 18 MARCH 2004

PN1

MR R. BEER: I appear for the Local Government Association and on behalf of Mackay City Council.

PN2

MS K. NELSON: I appear on behalf of the Australian Services Union.

PN3

THE COMMISSIONER: Thank you, Ms Nelson. Mr Beer?

PN4

MR BEER: Thank you, Commissioner. This is an application for certification of an agreement reached between the Mackay City Council, the Australian Services Union and the Association for Professional Engineers, Scientists, Managers of Australia, Queensland Branch. The material that's been filed in the Registry, Commissioner, I understand, should contain the relevant declarations by the parties, and, in particular, I refer you to one executed by Mr Ken Goldthorpe who is Council's CEO and I seek to rely on the contents of that declaration to support the certification of this agreement.

PN5

This morning I wish to take you to some of the provisions in the agreement and to make some comment about them. The first is at Clause 5 which is the date and period of operation provisions which requires the agreement to operate from its certification and to expire on 30 June, the year 2006, and Clause 20 which refers to an appendix which is B for the grievance procedure wherein that's contained and Clause 31 where there is a provision for a range of wage increases to apply. I also wish to take you specifically to a clause which appears at page 12 of the agreement.

PN6

It's a clause entitled Altering Flexible Working Arrangements, and, in particular, at sub-paragraph (c) and the dot points that follow. To make it clear I'm prepared to state on transcript that it would be an undertaking of the Council in relation to the way in which this clause is to operate that in relation to the third dot point where such agreements come forward that the parties intend that reference to lodging with the Commission to mean that the parties will make an application under the relevant section in the Act, currently Section 170MD, so that the agreement that does come forward can be formally varied into the document at whatever time it does come forward during the term of the agreement.

PN7

And that is the way the Council understands that dot point in that clause to operate and will proceed - in the event of certification proceed on that basis in the future. So I will make that clear for your benefit, Commissioner. Having made those comments I don't think there's anything else that I want to, or need to, address in the document and would simply commend it to you for certification this morning.

PN8

THE COMMISSIONER: Very well, thank you, Mr Beer. Ms Nelson?

PN9

MS NELSON: Thank you, Commissioner. I've got no additional submissions in relation to the matters addressed already by Mr Beer other than to say that the relevant requirements of the Act have been satisfied. In relation to Clause 27 of the proposed agreement, that is, altering flexible workplace arrangements, I can confirm that it is the intention of the parties that Clause (c), the final dot point, that any flexible workplace arrangement or agreement that is made between the parties during the life of the agreement an application will be made - lodged - with the Commission in accordance with 170MD of the Workplace Relations Act to vary the certified agreement.

PN10

Also, Commissioner, in relation to the Clause 26, that is, flexible workplace arrangements, in the final paragraph where it reads:

PN11

That it's agreed that the flexible workplace agreement between the Council and the complete approval service is maintained during the life of the agreement subject to the terms of the agreement.

PN12

I can confirm that it's agreed between the parties that the attachment, that is, the complete approval service agreement, forms part of this agreement.

PN13

THE COMMISSIONER: Very well, thank you. You confirm that?

PN14

MR BEER: I do, Commissioner. It was oversight on my submissions, but, yes, Council is happy to have that reflect that as part of this certified agreement.

PN15

THE COMMISSIONER: Very well, thank you. Well, on the undertakings given by the parties the Commission is satisfied that the contents of this agreement meet the requirements of the Workplace Relations Act of 1996. The Commission is also satisfied that the relevant rules of the Commission have been met. The agreement, therefore, will be certified and come into effect from today and it will carry a nominal expiry date of 30 June 2006. I adjourn the Commission.

ADJOURNED INDEFINITELY [10.20am]