AG2004/2243, Transcript of Proceedings [2004] AIRCTrans 1428 (14 April 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 6625
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2004/2243

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LS of the Act
by Construction, Forestry, Mining and Energy
Union-FFPD-Victorian FFTS Branch and Another
for certification of Abbey Robes Enterprise
Bargaining Agreement 2004

MELBOURNE

10.27 AM, THURSDAY, 1 APRIL 2004

PN1

MR R. LOWE: I appear for the CFMEU.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Lowe.

PN3

MR LOWE: Your Honour, in the first instance there is an application under section 170XF(2) for a designated award to be determined by the Commission. The union would submit that the appropriate award is the Furnishing Industry National Award 2003 and we provide for the Commission, if I may, an extract from that award.

EXHIBIT #CFMEU1 EXTRACT FROM FURNISHING INDUSTRY NATIONAL AWARD 2003

PN4

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Lowe.

PN5

MR LOWE: Thank you, your Honour. Exhibit CFMEU1, your Honour, if I take you to the second page, in that second page is clause 6 which deals with the coverage of the award and commences by stating that:

PN6

This award shall apply in the states of Victoria, South Australia, Tasmania, New South Wales and Australian Capital Territory to the following work and persons performing such work...

PN7

And then in 6.1, under the heading of Furniture, in 6.1.1:

PN8

...wholly or partially preparing, packing, assembling, manufacturing, preparing or fixing, whether new or second hand...

PN9

And then in 6.1.11, further down that page, your Honour:

PN10

...displaying, fixing or repairing in a building shop display units, cabinets, shop fittings...

PN11

Etcetera. Your Honour, the work which is undertaken by this employer is in the manufacturing and installation of wardrobes and, your Honour, the union would submit that the Furnishing Industry National Award is the appropriate award for the purposes of the no disadvantage test, if the Commission pleases.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes. Well, having regard to the material contained on the file in this matter and also the submissions put to me I am satisfied that the appropriate award for the purposes of deciding whether the certified agreement passes the no disadvantage test is the Furnishing Industry National Award 2003 and I so determine. Yes, Mr Lowe.

PN13

MR LOWE: Thank you, your Honour. This agreement was made by the parties pursuant to division 3, section 170LS of the Workplace Relations Act. There have been - the statutory declarations were lodged with the registry on 17 March, the statutory declarations were signed by Mr Leo Skourdoumbis, the branch secretary of the union, and Mr Charles Gretch, managing director of the company. The award which underpins the agreement, your Honour, is the Furnishing Industry National Award 2003. There are two employees who will be covered by the terms of this agreement, both those employees had the agreement for a period of 14 days prior to a meeting which was held with our organiser and those employees on 12 March.

PN14

The employees were taken through the agreement clause by clause and any questions they raised were answered to their satisfaction, and the agreement was unanimously endorsed. The union would submit, your Honour, that the agreement passes the no disadvantage test, and has a disputes procedure at clause 30, nominal expiry date of 31 October 2005. The agreement was lodged with the registry on time. The union would therefore submit that the requirements of the Act have been met, the rules and regulations of the Commission complied with, and that the Commission should certify the agreement as submitted, if the Commission pleases.

PN15

THE SENIOR DEPUTY PRESIDENT: How many employees does it cover?

PN16

MR LOWE: Three, I think - it was two, your Honour.

PN17

THE SENIOR DEPUTY PRESIDENT: Two.

PN18

MR LOWE: Two, sorry, yes. We have a significant number of small companies in the furnishing industry which we have agreements with.

PN19

THE SENIOR DEPUTY PRESIDENT: Now, Mr Lowe, is this one supposed to have attachments to it or only the one in respect of - is it supposed to have attachments to it?

PN20

MR LOWE: I am sorry?

PN21

THE SENIOR DEPUTY PRESIDENT: I haven't got any attachments to this agreement; is it meant to in your copy?

PN22

MR LOWE: I would have thought there should have been some attachments in respect of the Incolink and C+BUS. Has that not been attached to the - - -

PN23

THE SENIOR DEPUTY PRESIDENT: Which would be in the traditional form would they not?

PN24

MR LOWE: Yes, they will be in the traditional form.

PN25

THE SENIOR DEPUTY PRESIDENT: Yes. Can you ascertain that and if they are meant to be attached arrange to forward them to my office?

PN26

MR LOWE: Right, okay, I will undertake to get those to your Honour. I have just looked through my file and I don't have the originals with me, so I will talk to our administrative staff and get them to you as quickly as I can.

PN27

THE SENIOR DEPUTY PRESIDENT: Thank you. Well, having regard to the material contained on the file in this matter and also the submissions put to me, I am satisfied I should certify the agreement known as the Abbey Robes Enterprise Bargaining Agreement 2004. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations. The certification of the agreement will come into force from today's date and remain in force until 31 October 2005.

ADJOURNED INDEFINITELY [10.36am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #CFMEU1 EXTRACT FROM FURNISHING INDUSTRY NATIONAL AWARD 2003 PN4