AG2003/9986, Transcript of Proceedings [2004] AIRCTrans 171 (8 January 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 5792

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2003/9986

APPLICATION FOR CERTIFICATION OF
AGREEMENT

Application under section 170LS of the Act
by Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union -
Printing Division Victorian Region and
Another for certification of the Bettatech
Engineering Collective Bargaining Agreement
2003

MELBOURNE

10.41 AM, THURSDAY, 18 DECEMBER 2003

PN1

MS R. JASTRZEBSKI: I appear on behalf of the Australian Manufacturing Workers' Union.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, Ms Jastrzebski?

PN3

MS JASTRZEBSKI: Your Honour, the first thing I should address is the late lodgment. This agreement and the next two matters 9984 and 9985 were part of a group of agreements negotiated by a process of mass meetings and such in the Geelong area. They are agreements that have got similar provisions in that they apply to companies based in Geelong or that work in Geelong. They were all voted on, on the same day at a mass meeting and all were signed by the employers over the course of three or four days in the Geelong office.

PN4

Unfortunately following their being signed by the employer, the Geelong agreements fell victim to an administrative error. They were misfiled and it wasn't until there was an inquiry from our Geelong district committee about why the progress was so slow, that the Geelong agreements were unearthed and the process was completed. The shop stewards at Bettatech Engineering and at the other Geelong companies all held fresh meetings immediately prior to when these were lodged, and got approved again by the membership and in the case of Bettatech Engineering there has been no change to the work force at all, and they definitely support the agreement being certified.

PN5

Aside from that issue, we believe that the requirements of the Act have been met and that the agreements should be certified. At Bettatech they are already working under the conditions and the wages in the agreement. Unless your Honour has any questions.

PN6

THE SENIOR DEPUTY PRESIDENT: Ms Jastrzebski, can I take you to clause 35.1.

PN7

MS JASTRZEBSKI: 35.1, yes, your Honour.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes, I don't know whether there is a typo in that, but -

PN9

MS JASTRZEBSKI: Whereabouts, your Honour?

PN10

THE SENIOR DEPUTY PRESIDENT: I have got no idea what clause 35.1 means?

PN11

MS JASTRZEBSKI: I was hoping you would ask me a really direct question on that. I thought that might help me understand it. It is - I think this is basically a badly worded version of what we refer to as a jump up clause meaning that if hours of work or other conditions are better at the site that these people that work directly for Bettatech - I am explaining this as well as the clause is worded. It is ensuring that the employees at Bettatech have either got the protection of this agreement if the conditions are less where they have been contracted to work at, or otherwise if the place they have been contracted to work at has better conditions, they receive those.

PN12

THE SENIOR DEPUTY PRESIDENT: I note that clause 35.1 is repeated at 43.1, as is 35.2. I assume you say they - means the same thing, notwithstanding it is repeated twice.

PN13

MS JASTRZEBSKI: Perhaps it is meant to be clearer on the second reading, your Honour.

PN14

THE SENIOR DEPUTY PRESIDENT: Thank you for your explanation.

PN15

MS JASTRZEBSKI: Thank you.

PN16

THE SENIOR DEPUTY PRESIDENT: I note that the nature of this agreement suggests that the wording of some of its clauses might be adopted elsewhere. You might suggest they have a look at the wording of the clause to see if they can make it clearer.

PN17

MS JASTRZEBSKI: I will do that, your Honour.

PN18

THE SENIOR DEPUTY PRESIDENT: 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 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 Bettatech Engineering and Collective Bargaining Agreement 2003. 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 March 2006.

ADJOURNED INDEFINITELY [10.50am]