AG2004/2254, Transcript of Proceedings [2004] AIRCTrans 1232 (1 April 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 10177

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

MUNRO J

AG2004/2254

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Valspar (Australia) Corporation Pty Limited
and Another for certification of the Valspar
(Australia) Redundancy Agreement 2004

SYDNEY

9.52 AM, MONDAY, 22 MARCH 2004

PN1

HIS HONOUR: This is an application under section 170LJ of the Act, lodged on 10 March this year, seeking the certification of an agreement to be known as the Valspar (Australia) Redundancy Agreement 2004. The parties to the agreement are said to be Valspar and the ALHMWU. Could I have appearances please.

PN2

MR J. DE CELLIS: If it pleases, your Honour, I am from Employers First, for the applicant, and I have with me MS F. HOFFMANN-WILTON, who is the Human Resources Manager for the applicant company.

PN3

MR M. WARBURTON: If it pleases the Commission, I appear on behalf of the LHMU in this matter.

PN4

HIS HONOUR: The application of the agreement is said to be that the agreement shall apply only to full-time and part-time employees covered by the Paint Industry Award and the Metal Industry Interim Award with one year or more service, employed by the company at its Glendenning operation, and exempts a number of employees.

PN5

The application clause is somewhat jagged in terms of being able to decipher from it what is the single business to which the agreement is intended to apply. Am I able to take it that the parties agree that the operation of the agreement is to Valspar Corporation, a single business operating at 203 Power Street, Glendenning, New South Wales, and the Paint Manufacture and Distribution Industry, but subject to the exception from its application or operation in relation to particular individuals of the classes set out in clause 3? Is that the intention?

PN6

MR WARBURTON: That's our intention.

PN7

MR DE CELLIS: Yes, your Honour, that is also our intention.

PN8

HIS HONOUR: Very well. I find on the record that that is the application of the agreement and both parties acknowledge that it should be interpreted in that context and for that purpose I have drawn upon the statutory declarations to identify the single business. The agreement was approved on 17 February, lodged on 10 March. It's one day out of time. It ends the bargaining period upon certification in BP7199 of 2003, for some 72 employees covered by the agreement, it would appear. There is effectively provision in the agreement for redundancy provisions, and that's obviously the intention of it.

PN9

Clause 10 provides for the avoidance of disputes provision from the Paint Industry Award, and invoking clause 11 there does not appear to me to be a question of empowerment arising under that provision, though the matters outstanding are firstly an application for the extension of time by one day. I don't think you need to take too much time asking for that, and if there's anything else you wish to put on record, do so.

PN10

MR DE CELLIS: Your Honour, we simply seek the Commission exercise its discretion to extend the time for filing. Perhaps the Commission might note that the composition of the work-force has not changed at all in the 22 days since the vote was taken.

PN11

HIS HONOUR: Thank you, Mr De Cellis. I will extend time accordingly to permit the lodgment of the application. I'm satisfied that I should certify the agreement. The relevant requirement of the Act and rules have been met. My satisfaction to that effect is founded upon the scrutiny of the statutory declarations, the outcome of which is recorded in the check list compiled by my Associate and completed and signed by me following my perusal of the proposed agreement. The signed copy of the check list is to be retained as part of the file and is a component of my decision in the matter.

PN12

I certify as agreement 832906 in print 944747 the agreement as proposed. It shall come into force from 22 March 2004 and remain in force until 29 January 2006. A copy of the agreement as signed and sealed has been prepared and will be made available to the representatives in attendance upon the rising of the Commission. The Commission will adjourn.

ADJOURNED INDEFINITELY [9.58am]