AG2004/2237, Transcript of Proceedings [2004] AIRCTrans 1429 (14 April 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 6624

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2004/2237

APPLICATION FOR CERTIFICATION OF
AGREEMENT

Application under section 170LS of the Act
by Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union -
Victorian Branch and Others for certification
of BDS Recruit Pty Ltd Metal and Associated
Industries Labour Hire Certified Agreement
2003-2006

MELBOURNE

10.08 AM, THURSDAY, 1 APRIL 2004

PN1

THE SENIOR DEPUTY PRESIDENT: This matter is AG2004/2237, it is an application by the AMWU in respect of the BDS Recruitment Pty Ltd Metal and Associated Industries Labour Hire Certified Agreement 2003-2006. Can I have the appearances please?

PN2

MS K. WILD: I appear for the Australian Manufacturing Workers Union.

PN3

THE SENIOR DEPUTY PRESIDENT: Ms Wild, there is no appearance - yes?

PN4

MR C. WINTER: I appear for the Australian Workers Union.

PN5

THE SENIOR DEPUTY PRESIDENT: Now there is no appearance by the employer. Ms Wild.

PN6

MS WILD: Thank you, your Honour. This is an application under section 170LS to certify the BDS Recruit Pty Ltd Metal and Associated Industries Labour Hire Certified Agreement. Your Honour, there was a vote taken on 30 January 2004 and the employees affected voted in favour of certifying the agreement. The agreement contains a dispute settlement clause and it - I can't get my words out this morning, sorry, your Honour - it meets the requirements under the Act. I would rely on the statutory declaration provided but just also note that an application under section 111(1)(r) for an extension of time, the agreement was lodged just a couple of weeks out of time and my advice is that there hasn't been any substantial changes to the make up of the employment that would alter the vote.

PN7

THE SENIOR DEPUTY PRESIDENT: Mr Winter.

PN8

MR WINTER: Yes, your Honour. We would support the application and the extension of time application also. The vote did take place, I am informed by the organiser, on 30 January and it wasn't lodged until 17 March. We received it in the AWU office and in early February we sent it back to the AMWU on 9 February. I understand the problem was with another union, I think it was the CFMEU in regards to signatures etcetera, and that is the reason for the late lodgment. I have confirmed with the organiser this morning that there has been no significant change to numbers, and as Ms Wild has stated, the agreement, except for the late lodgment, I believe complies with all aspects of the Act. And unless you have any questions I would seek certification from today's date.

PN9

THE SENIOR DEPUTY PRESIDENT: We will go into conference.

SHORT ADJOURNMENT [10.15am]

RESUMED [10.16am]

PN10

THE SENIOR DEPUTY PRESIDENT: Well, having regard to material contained in the file in this matter and the other submissions put to me, I am satisfied I should grant the necessary extension of time for the lodgment of the application in this matter. I am also satisfied I should certify the agreement known as the BDS Recruitment Pty Ltd Metal and Associated Industries Labour Hire Certified Agreement 2003-2006. 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 will remain in force until 31 March 2006.

ADJOURNED INDEFINITELY [10.16am]