AG2004/1908, Transcript of Proceedings [2004] AIRCTrans 1375 (13 April 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 6590

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2004/1908

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Wurth Australia Pty Limited and Others
for certification of the Wurth Australia
Pty Limited National Union of Workers'
Enterprise Agreement 2003

MELBOURNE

10.00 AM, TUESDAY, 30 MARCH 2004

PN1

MR G. MAAS: From the National Union of Workers'.

PN2

MS K. RICHARDS: From the Victorian Employers Chamber of Commerce and Industry. With me here today, your Honour, is MS S. CORNELL who is the HR manager, MR P. CHESTER who is the financial manager and also MR N. MIRCHANDANI who is the logistics manager with us in the body of the Court.

PN3

THE DEPUTY PRESIDENT: Yes, thank you, Ms Richards. I think it is your application, isn't it?

PN4

MS RICHARDS: That is correct, your Honour. We make application today for the certification of the Wurth Australia and National Union of Workers' Enterprise Agreement 2003. This application is made under division 2 section 170LJ of the Workplace Relations Act 1996. First of all, your Honour, we would like to bring to your attention that this agreement is a 11 days out of time, I understand.

PN5

THE DEPUTY PRESIDENT: I've got 7 but I will take your word for it, it is out of time whichever - - -

PN6

MS RICHARDS: My understanding for the reason for delay was an administrative delay. However, I have instructions that there has been no change in the composition of the work-force that is to be covered by this agreement, therefore I would ask that the Commission exercise its' discretion under section 111(1)(r) of the Workplace Relations Act to extend the described time.

PN7

THE DEPUTY PRESIDENT: It is usually the NUW that is asking me that, so you have let them off the hook, Ms Richards.

PN8

MR MAAS: You might not have too long to wait.

PN9

THE DEPUTY PRESIDENT: Yes. Go ahead, Ms Richards.

PN10

MS RICHARDS: Thank you. Your Honour, for the purposes of the no disadvantage test the Storage Services General Award 1999 has been used and the parties are confident that the no disadvantage test has been met. Clause 4 of the agreement specifies a nominal expiry date of 30 November 2006. At clause 14 as well as appendix A of the agreement sets out a dispute settlement procedure.

PN11

THE DEPUTY PRESIDENT: Can I just stop you there, Ms Richards, because it is the only query I have in respect of this particular application? In the dispute settlement procedure at clause 14, I think at 14.4, it mentions the above panel, I'm just not quite clear on what constitutes the above panel?

PN12

MS RICHARDS: Your Honour, I'm instructed that the people who are specified at clause 14.2 are the people that are referred to in the panel at 14.4.

PN13

THE DEPUTY PRESIDENT: Right. So it would be not inclusive of the NUW organiser mentioned at 14.3?

PN14

MS RICHARDS: I need to seek instructions on that, your Honour.

PN15

THE DEPUTY PRESIDENT: Yes, would you like to do that?

PN16

MS RICHARDS: I apologise for that delay, your Honour. It does in fact include 14.3 as well as 14.2.

PN17

THE DEPUTY PRESIDENT: All right, I just thought of what and whys - if we clarified that given that it is enough having disputes without having disputes over the dispute resolution procedure. You agree with that, Mr Maas, that - - -

PN18

MR MAAS: Yes. Thank you, your Honour. We - - -

PN19

THE DEPUTY PRESIDENT: You are included in it, you should agree with it.

PN20

MR MAAS: Well, we agree, your Honour. Further to that we support in whole Ms Richards' application and rely on the statutory declaration of Charlie Donelly, the branch secretary. I do note, however, that the date of his statutory declaration has been omitted off the stat dec and as far as I'm aware that should also be the same date of the application 18 February 2004. If the Commission pleases.

PN21

THE DEPUTY PRESIDENT: Yes, thank you, Mr Maas. Anything further, Ms Richards?

PN22

MS RICHARDS: Your Honour, I was just going to take you through the process that was undertaken by the company and the employee representatives.

PN23

THE DEPUTY PRESIDENT: Yes.

PN24

MS RICHARDS: The agreement was distributed to all the relevant employees on 22 December 2003. There had been extensive consultations between the union and the employee representatives as well as management of the company. All of the terms and conditions of the agreement were explained to the relevant employees and there was a vote on the agreement on 23 January 2004. I have instructions that the vote was unanimous on 23 January 2004 and as such we would seek that the Commission certify the agreement in the terms sought. If it pleases the Commission.

PN25

THE DEPUTY PRESIDENT: Yes. There's nothing further, Mr Maas, is there? No. Thank you. Pursuant to section 111(1)(r) of the Act I extend the time frame by the amount necessary to allow this agreement to be certified. I'm satisfied based upon the documentation and on the basis of the submissions of the parties that the Act has been complied with in all relevant respects and on that basis the Wurth Australia Pty Limited National Union of Workers' Enterprise Agreement 2003 will be certified with effect from today's date. The agreement will expire on 30 November 2006. Thank you, the matter is adjourned.

ADJOURNED INDEFINITELY [10.05am]