AG2004/649, Transcript of Proceedings [2004] AIRCTrans 1815 (17 May 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 6975

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMILTON

AG2004/649, 2725, 2726, 2727,
2728, 2729, 2730, 2731, 2789,
3088, 3089 and 3090

P SMITH PLUMBING AND CEPU ENTERPRISE
AGREEMENT 2002-2005

ENVIROPLUMB VICTORIA PTY LTD AND
CEPU ENTERPRISE AGREEMENT 2002-2005

KELVIN LUBECK PLUMBING PTY LTD AND
CEPU ENTERPRISE AGREEMENT 2002-2005

ADVANCED INSULATION SERVICES AND
CEPU ENTERPRISE AGREEMENT 2002-2005

MEREDITH ROOF PLUMBING PTY LTD AND
CEPU ENTERPRISE AGREEMENT 2002-2005

McQUAY AUSTRALIA PTY LTD AND CEPU
ENTERPRISE AGREEMENT 2002-2005

FIRST FIRE PROTECTION PTY LTD SPRINKLER
FITTING CERTIFIED AGREEMENT VIC 2002-2005

ROSBAR PLUMBING PTY LTD AND CEPU
ENTERPRISE AGREEMENT 2002-2005

PRECISION FIRE PROTECTION PTY LTD
SPRINKLER FITTING CERTIFIED AGREEMENT
VIC 2002-2005

HOSPITALITY EQUIPMENT SERVICE PTY LTD
AND CEPU COMMERCIAL REFRIGERATION SECTOR
ENTERPRISE AGREEMENT 2002-2006

P AND R AIRCONDITIONING SERVICES PTY LTD
AND CEPU ENTERPRISE AGREEMENT 2002-2005

HADEN SERVICES AND CEPU ENTERPRISE
AGREEMENT 2003-06

Applications under section 170LJ of the Act for
certification of the above agreements

MELBOURNE

10.37 AM, WEDNESDAY, 5 MAY 2004

PN1

MR J. COONEY: Your Honour, I appear for the CEPU.

PN2

MR C. HARNATH: I am from Master Plumbers and Mechanical Services Association Australia and I appear for the company in the matter.

PN3

THE DEPUTY PRESIDENT: Thank you. You are appearing in 649, are you?

PN4

MR HARNATH: That is correct, your Honour.

PN5

THE DEPUTY PRESIDENT: Thank you very much, Mr Harnath. No other appearances? No. Any objections to being heard together? No. Right, Mr Cooney.

PN6

MR COONEY: Your Honour, the union provides the relevant assurances according to the Act. A vote was taken by the members and we ask that the Commission certify the agreement.

PN7

THE DEPUTY PRESIDENT: All the agreements, you mean?

PN8

MR COONEY: In regard - sorry - - -

PN9

THE DEPUTY PRESIDENT: There is a fair number.

PN10

MR COONEY: Yes, sorry, I should point out in regard to agreement 2004/3090, it is one day out of time.

PN11

THE DEPUTY PRESIDENT: Yes.

PN12

MR COONEY: We would ask the Commission exercise its discretion under section 111(1)(r), as I understand it is the same employees who undertook the vote are still there. That is the only comment I would make on the agreements in asking the Commission to certify them.

PN13

THE DEPUTY PRESIDENT: Right. Matter 2729 lacks an ABN number. It seems to be specified in the company statutory declaration. I think that might answer it. And 2879 is two weeks out of time. It is Precisions Fire Protection Pty Ltd.

PN14

MR COONEY: Sorry, your Honour is that 2879.

PN15

THE DEPUTY PRESIDENT: Sorry, yes, 2879, yes, it is two weeks out of time. I think you are the only party appearing in that matter.

PN16

MR COONEY: Right. Yes, your Honour, that is the agreement with Precision Fire Protection?

PN17

THE DEPUTY PRESIDENT: Yes, that is the one.

PN18

MR COONEY: Right. As I am instructed, the meeting took place on 12 March and the stat decs was 15 April. Again, we would ask that the Commission use its discretion to certify that agreement. As I am instructed, the employees who voted on the agreement are still the ones who are working there.

PN19

THE DEPUTY PRESIDENT: And the reason for the delay?

PN20

MR COONEY: Again, as I was told, it was due to the employer. But then we would say that, I suppose.

PN21

THE DEPUTY PRESIDENT: All right. Thank you very much. Mr Harnath.

PN22

MR HARNATH: Thank you, your Honour. I appear in matter 649. The company believes it has taken all action as required under the Act and - to register the appropriate agreement with the union and as a consequence of those actions it seeks the Commission to certify the agreement, if the Commission pleases.

PN23

THE DEPUTY PRESIDENT: Thank you very much. First of all, on the basis of the submissions put I will extend time as sought. Secondly, on the basis of submissions put and the statutory declarations filed, I will certify the agreements as sought and certificates will be issued as soon as possible. Thank you very much. You are excused if you wish to leave.

ADJOURNED INDEFINITELY [10.41am]