AG2003/10161, Transcript of Proceedings [2004] AIRCTrans 139 (8 January 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 0015

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2003/10161

APPLICATION FOR CERTIFICATION
OF AGREEMENT WITH EMPLOYEES
(DIVISION 2)

Application under section 170LK of the Act
by Tilford Pty Limited for certification
of the Tilford Pty Limited Long Service
Leave Certified Agreement 2003

HOBART

2.05 PM, WEDNESDAY, 17 DECEMBER 2003

PN1

MR P. GOURLAY: I am from the TCCI and I appear on behalf of the Tilford Group. Appearing with me is MR J. ROOKE from Tilfords and two employees from Tilfords, MR P. SMITH and MR L. KOROTKI.

PN2

MR P. BAKER: Deputy President, I would seek leave to intervene on behalf of the Automotive, Food, Metals, Engineering and Printing and Kindred Industries Union, and the basis of my intervention this afternoon is that the AMWU has members employed by the organisation and we would seek to become a party to the agreement pursuant to the provisions of the Workplace Relations Act. In addition to that, in support of the application for intervention I should add that we have constitutional coverage for the employees that we represent; and secondly - and it should be noted, no doubt, that it is in the matter that is currently before you, that the AMWU is a respondent to the Repair Services and Retail Award which is the underpinning award upon which this application is based.

PN3

THE DEPUTY PRESIDENT: Is there any objection to Mr Baker's organisation being party to the agreement?

PN4

MR GOURLAY: No, your Honour, no objection from the applicant.

PN5

THE DEPUTY PRESIDENT: Well, that should make you happy.

PN6

MR BAKER: It does at this hour of the afternoon, Deputy President.

PN7

THE DEPUTY PRESIDENT: Good. I am pleased to hear it. Do you want to speak to the agreement? It shouldn't take too long.

PN8

MR GOURLAY: I do, your Honour. No, it shouldn't take too long just to put some details on the record.

PN9

THE DEPUTY PRESIDENT: It is a one-issue agreement.

PN10

MR GOURLAY: Yes. We seek to have the agreement certified pursuant to 170LK of the Workplace Relations Act in that this agreement seeks to vary the current long service leave - not entitlements, but I suppose long service leave provisions of the appropriate award, which is the Vehicle Industry Long Service Leave Award 1977. At the moment, pursuant to clause 6B(2) of that award an employee can get a long service leave entitlement after meeting certain criteria after 10 years employment, but all those criteria are based upon the separation of the employee from work.

PN11

What this agreement seeks to do, your Honour, is to allow employees to access the long service leave whilst they are still employed after the same 10-year period, so it doesn't really change any entitlements. It just gives access to that leave if employees seek to proceed on the leave. I can inform the Commission that notice was issued to employees formally providing them with advice that the company wished to make an agreement on 28 October; that a notice was prepared in accordance with the requirements of the Act pointing out particularly the requirements of 170LJ(4) in that employees could seek the assistance of an organisation of employees if they wished to do so to represent them. To the best of my understanding that wasn't taken up.

PN12

A vote occurred on 13 November and of the 98 employees that voted I am advised that 93 employees voted for the agreement and five voted against it. The purpose of having the two employees here today, if your Honour wishes to ask those employees anything about that vote - I understand those two employees were scrutineers of the votes on behalf of the other employees and understand the agreement and saw the vote and the process take place. So unless your Honour has any questions, that is my submissions, if the Commission pleases.

PN13

THE DEPUTY PRESIDENT: That is fine. Thank you. I don't really think I need to interrogate the employees. It seems to me that it is an agreement that covers one particular condition only and if anything it is an improvement in the previous arrangement; you would agree with that? Yes. I take it that these employees understand what the agreement provides? These are the dumb questions I have to ask. Don't think that I am just tailoring it for you. I have got to be satisfied that you understand what the agreement provides - - -

PN14

MR SMITH: Yes.

PN15

THE DEPUTY PRESIDENT: - - - and that you weren't forced into it against your will.

PN16

MR SMITH: No. Yes, I understand and no, I wasn't forced.

PN17

THE DEPUTY PRESIDENT: Okay. Mr Baker, do you want to put anything particularly on the record other than the fact that you want your organisation to be party?

PN18

MR BAKER: No, Deputy President. As you have indicated, the proposal is straightforward and is a benefit to the employees, which makes a change.

PN19

THE DEPUTY PRESIDENT: Yes. This is an application pursuant to section 170LK of the Workplace Relations Act for certification of an agreement known as the Tilford Pty Limited Long Service Leave Certified Agreement 2003. The parties to the agreement are Tilford Pty Limited, the employees of the company, and the AMWU will also be recognised as a party to this agreement.

PN20

I am satisfied that the employees who have entered into this agreement of their own free will are fully aware of the content of the agreement and that it is, if anything, an improved benefit. The company has provided the necessary statutory declarations and I am satisfied that the requirements of the Act have been met. The agreement came into force on 13 November 2003 and remains in force until 12 November 2006. That agreement is certified. Thank you.

ADJOURNED INDEFINITELY [2.11pm]