AG2004/1834, Transcript of Proceedings [2004] AIRCTrans 1290 (5 April 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 6584

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMILTON

AG2004/1834, 1902, 1930, 1931, 1932,
1933, 1934, 1942, 1943, 1944, 1945,
1946, 1947

PBR ROOFING SERVICES AND CEPU
ENTERPRISE AGREEMENT 2002-2005

CEDAR REFRIGERATION & CATERING
EQUIPMENT PTY LTD AND CEPU
ENTERPRISE AGREEMENT 2002-2005

SEACOOL REFRIGERATION AND CEPU\
COMMERCIAL REFRIGERATION SECTOR
ENTERPRISE AGREEMENT 2003-2006

KINETICS AUSTRALIA PTY LTD
AND CEPU ENTERPRISE AGREEMENT
2002-2005

KELLIGAN (AUSTRALIA) PTY LTD
AND CEPU ENTERPRISE AGREEMENT
2002-2005

CAHS AIRCONDITIONING PTY LTD
CEPU ENTERPRISE AGREEMENT
2002-2005

ARDMON CONSTRUCTIONS PTY LTD
AND CEPU ENTERPRISE AGREEMENT
2002-2005

AUSSIE PIPE INSULATIONS PTY LTD
AND CEPU ENTERPRISE AGREEMENT
2002-2005

CONCEPT ENGINEERING (AUST)
PTY LTD AND CEPU ENTERPRISE
AGREEMENT 2002-2005

MICK CRANKO PLUMBING AND CEPU
ENTERPRISE AGREEMENT 2002-2005

G & J INSTALLATIONS AND CEPU
ENTERPRISE AGREEMENT 2002-2005

DEBURG PTY LTD AND CEPU ENTERPRISE
AGREEMENT 2002-2005

EASTWOOD PLUMBING AND CEPU
ENTERPRISE AGREEMENT 2002-2005

Application under section 170LJ of the Act
by CEPU for certification of agreements

MELBOURNE

11.42 AM, THURSDAY, 25 MARCH 2004

PN1

MR B. FITTON: I appear on behalf of the CEPU Plumbing Division.

PN2

MR A. CHIRICO: I appear on behalf of Concept Engineering.

PN3

THE DEPUTY PRESIDENT: Which matter is that?

PN4

MR CHIRICO: 1943.

PN5

THE DEPUTY PRESIDENT: Thank you.

PN6

MR M. SCHUTT: I appear on behalf of Cedar Refrigeration.

PN7

THE DEPUTY PRESIDENT: Thank you. Right, who would like to start? Mr Fitton, I suppose?

PN8

MR FITTON: If I may. I will try to be as expedient as possible, because I am also involved with the matter along with Mr Maddison with Senior Deputy President Williams. First of all, with two of the matters I believe we have a timing problem. They are 1945 and 1942. It is a matter of days over the Christmas period. I have, in line with the standard, made out a statutory declaration. In that statutory declaration, your Honour, I contacted the employer, one, asking whether he wanted to continue with the process to certify the agreement, which in each case they responded that they did, and secondly, with regard to the composition of the work force since the vote was taken, and they say that there has been no substantial change.

PN9

THE DEPUTY PRESIDENT: All right. I will mark that exhibit F1. It seems to be in an appropriate form.

EXHIBIT #F1 STATUTORY DECLARATION

PN10

THE DEPUTY PRESIDENT: On the basis of that statutory declaration I will extend time as sought by Mr Fitton in those two matters. Thank you.

PN11

MR FITTON: Thank you, your Honour. To the matters in general. Each of these agreements fills the same criteria. The agreement has a nominal expiry date of less than three years from the date of certification. The agreement contains a dispute resolution clause. The CEPU is entitled to represent the industrial interests of the employees, and does have members with the employer. A valid majority of those employees supported the agreement. And except for those matters where an extension of time was requested, they were all filed within the appropriate time period. All of the agreements pass the no disadvantage test.

PN12

THE DEPUTY PRESIDENT: And the other statutory requirements are met, are they?

PN13

MR FITTON: All the other statutory requirements, I would rely upon the statements made by the parties in the statutory declarations provided with the agreement.

PN14

THE DEPUTY PRESIDENT: All right. As you know, some of those statutory requirements are not fully dealt with in the statutory declarations, so I am asking you, are the remaining statutory - - -

PN15

MR FITTON: They are, your Honour.

PN16

THE DEPUTY PRESIDENT: Are the remaining statutory tests met?

PN17

MR FITTON: They are, your Honour.

PN18

THE DEPUTY PRESIDENT: They are. Thank you very much, Mr Fitton. Who is next?

PN19

MR SCHUTT: Yes, we have no issues.

PN20

THE DEPUTY PRESIDENT: You agree with Mr Fitton?

PN21

MR SCHUTT: Sorry?

PN22

THE DEPUTY PRESIDENT: Do you agree with Mr Fitton's submissions?

PN23

MR SCHUTT: Yes, I do.

PN24

THE DEPUTY PRESIDENT: Thank you very much.

PN25

MR CHIRICO: If your Honour please excuse me for my nerves, but we signed that agreement and we support all the agreement. If the Commission pleases.

PN26

THE DEPUTY PRESIDENT: Thank you very much. Nothing in reply? No. Well, on the basis of the submissions put and the statutory declarations filed, I will certify the agreements as sought. Certificates will be issued as soon as possible. Thank you very much for coming. These matters stand adjourned.

ADJOURNED INDEFINITELY [11.45am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #F1 STATUTORY DECLARATION PN10