AG2004/162, Transcript of Proceedings [2004] AIRCTrans 1370 (7 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 6597

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

AG2004/162
AG2004/163
AG2004/164
AG2004/165
AG2004/166
AG2004/167

MOLIGA CONSTRUCTION (VIC) PTY LTD AND CFMEU BUILDING AND CONSTRUCTION INDUSTRY COLLECTIVE BARGAINING AGREEMENT 2002-2005

CHICK CONSTRUCTIONS PTY LTD AND CFMEU BUILDING
AND CONSTRUCTION INDUSTRY COLLECTIVE BARGAINING AGREEMENT 2002-2005

PARDIS CONSTRUCTIONS PTY LTD AND CFMEU BUILDING
AND CONSTRUCTION INDUSTRY COLLECTIVE BARGAINING AGREEMENT 2002-2005

JAMES G. MORRISON PTY LTD AND CFMEU BUILDING AND CONSTRUCTION INDUSTRY COLLECTIVE BARGAINING AGREEMENT 2002-2005

VAUGHAN WALLS PTY LTD T/AS ROOFSAFE-T-SYSTEMS AND CFMEU BUILDING AND CONSTRUCTION INDUSTRY COLLECTIVE BARGAINING AGREEMENT 2002-2005

WESGORDON PTY LTD T/AS VOGUE SHOPFITTING AND GLAZING AND CFMEU BUILDING AND CONSTRUCTION INDUSTRY COLLECTIVE BARGAINING AGREEMENT 2002-2005

Applications under 170LJ of the Act by Construction, Forestry,
Mining and Energy Union and Others for certification of various agreements

MELBOURNE

10.47 AM, THURSDAY, 4 MARCH 2004

PN1

MR D. HODGES: I appear on behalf of the Master Builders Association of Victoria, representing the employees listed in these matters.

PN2

THE SENIOR DEPUTY PRESIDENT: Thank you. Well, there doesn't appear to be any appearance for any organisation, other organisations, so you go ahead, Mr Hodges.

PN3

MR HODGES: Thank you, your Honour. As I said, I appear today seeking certification of the agreements listed. All the necessary requirements for the certification of agreements have followed as required under the Workplace Relations Act. Copies of the agreements have been made available to each employee, and 14 days allowed to cast their vote. The agreements contain a dispute settlement procedure clause, they set a nominal expiry date of no more than three years after coming into operation. In addition, both the employer and employees have a clear understanding of the agreements and are committed to those agreements.

PN4

In regard to section 170LU, we say that the agreements contain neither objectionable nor discriminatory provisions, and that negotiations were at all times conducted in an appropriate manner. Therefore, your Honour, we do seek certification of the agreements.

PN5

THE SENIOR DEPUTY PRESIDENT: In relation to one of them, Mr Hodges, which is 166 of 2004 - - -

PN6

MR HODGES: Yes, Commissioner, we would seek your discretion under section 111(1)(r) in regard to an extension of time for that particular agreement. It appears that the primary reason for the delay was administrative difficulties relating to document exchange between the parties, particularly over the Christmas close down period. In addition, the employers head office is in Prospect, New South Wales, so that didn't aid either. The appropriate steps, however, have been followed.

PN7

I have personally contacted the company, notified them of the time and date of the hearing, and asked whether there has been a significant change in the composition of the work force in the interim period between the time the application should have been filed and the time it actually was. And the company has confirmed that no such change has occurred. If I may, your Honour, I would like to tender a statutory declaration to that effect.

EXHIBIT #MBA1 STATUTORY DECLARATION

PN8

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Hodges.

PN9

These are applications for certification of various agreements under the provisions of the Workplace Relations Act 1996. In the circumstances as outlined this morning, and in the light of the statutory declaration that has been filed this morning, I am prepared to grant an extension of time for the lodging of the application in matter AG2004/166, and I grant such an extension to the date upon which the application was so lodged. On the basis of the statutory declarations that have been filed by the parties to each of the agreements in each matter, and the submissions made this morning, I am of the view that having regard to the applicable provisions of the Act I am required to certify the agreement. An appropriate certification will therefore be issued in respect to each application, and each application is adjourned on that basis.

ADJOURNED INDEFINITELY [10.50am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #MBA1 STATUTORY DECLARATION PN8