AG2004/2716, Transcript of Proceedings [2004] AIRCTrans 1820 (17 May 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

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TRANSCRIPT OF PROCEEDINGS


O/N 6973

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMILTON

AG2004/2716
AG2004/3062

CHELGRAVE CONTRACTING AUST PTY LTD
LABOUR HIRE CONSTRUCTION CERTIFIED
AGREEMENT 2003/2006

LACTOS FRESH PTY LTD ENTERPRISE
AGREEMENT 2003-2006

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

MELBOURNE

10.20 AM, WEDNESDAY, 5 MAY 2004

PN1

THE DEPUTY PRESIDENT: I will take appearances in those matters only, that is 2716 and 3062, the two AMWU agreements. Is anybody appearing in those matters?

PN2

MS C. CHEW: I appear for the AMWU.

PN3

MR B. MITCHELL: I appear for Chelgrave.

PN4

MS K. RICHARDS: I am from VECCI representing Lactos in 3062.

PN5

THE DEPUTY PRESIDENT: Thank you very much. Right, who would like to start?

PN6

MS CHEW: Your Honour, this is an agreement that we have got before you to be certified. The only issue seems to be that we have got replacement pages for clause 27. It is agreed by both the employer and the union. It is basically a clause that enshrines a few more protections in the event of transmission of business and it relates to the protection of employee entitlements.

PN7

THE DEPUTY PRESIDENT: Right.

PN8

MS CHEW: So if I could hand that up to you, your Honour.

PN9

THE DEPUTY PRESIDENT: All right, thank you very much. This is Chelgrave is it?

PN10

MS CHEW: Yes.

PN11

THE DEPUTY PRESIDENT: Has this been approved by a valid majority of employees, etcetera, and gone through the process of the Act?

PN12

MR MITCHELL: Can I appear?

PN13

THE DEPUTY PRESIDENT: Yes.

PN14

MR MITCHELL: What happened was, that was - that that is before you now is consistent with all our our agreements.

PN15

THE DEPUTY PRESIDENT: Yes.

PN16

MR MITCHELL: In the process of negotiating the agreements over a long time, there was some different clauses put in in the early days and this is -in actual fact the wrong clause was put in when we sent it up for certification. This agreement now, clause 27 is consistent with all of our agreements which was voted upon.

PN17

THE DEPUTY PRESIDENT: Right. So just let me get this straight. Could you - - -

PN18

MR MITCHELL: Sorry.

PN19

THE DEPUTY PRESIDENT: So the clause that you have just handed up is the clause - is it or is it not the clause that was voted on?

PN20

MR MITCHELL: Yes.

PN21

THE DEPUTY PRESIDENT: It is.

PN22

MR MITCHELL: Yes.

PN23

THE DEPUTY PRESIDENT: So that - - -

PN24

MR MITCHELL: And in the typographical errors leading up to getting it certified, the wrong ones were put in.

PN25

THE DEPUTY PRESIDENT: I understand. So that the two statutory declarations from the CFMEU and from yourselves relate to the agreement with this replacement clause in it.

PN26

MR MITCHELL: Yes.

PN27

THE DEPUTY PRESIDENT: And I can rely on all that?

PN28

MR MITCHELL: Yes.

PN29

PN30

THE DEPUTY PRESIDENT: Thank you very much. Excellent. Sorry Ms Chew, go on. - - -

PN31

MS CHEW: That is fine. Yes, in relation to the rest of the agreement it otherwise complies with the Workplace Relations Act and we seek certification of it.

PN32

THE DEPUTY PRESIDENT: All right. In terms of administrative ease, are you going to provide a replacement agreement with a new clause in it, so that we can provide proper certified copies?

PN33

MS CHEW: Certainly I can do that.

PN34

THE DEPUTY PRESIDENT: That is probably the way to do it, isn't it? That would be helpful.

PN35

MS CHEW: Okay. Yes, we can do that.

PN36

THE DEPUTY PRESIDENT: All right.

PN37

MS CHEW: Thank you.

PN38

THE DEPUTY PRESIDENT: Will you do that by close of business today or do you need a week, or what sort of time? I am - you know, whatever time is needed.

PN39

MS CHEW: Perhaps a couple of days, your Honour, if that is all right?

PN40

THE DEPUTY PRESIDENT: All right, so today is what, Thursday, is it?

PN41

MS CHEW: Yes. What about next week, early next week?

PN42

THE DEPUTY PRESIDENT: All right, so close of business Tuesday we will expect it.

PN43

MS CHEW: All right.

PN44

THE DEPUTY PRESIDENT: It is good to put a time line, then we know what we are doing and so do you as well. Terrific. Do you have anything else to say?

PN45

MS CHEW: No, Your Honour.

PN46

THE DEPUTY PRESIDENT: All right, well thank you very much.

PN47

On the basis of the submissions put today and the statutory declarations filed, I will certify the agreement in 2716 as sought by the parties.

PN48

Now, that leaves 3062. Do you have any submissions to put on that?

PN49

MS CHEW: We submit that the agreement is all in order. It complies with the Act. It was voted on late in March, 24 March 2004, and I have statutory declarations from both the union and the employer, and I have spoken to Kate and she indicates that they do not have any issues with it either, so we ask for it to be certified.

PN50

THE DEPUTY PRESIDENT: You have filed the statutory declarations, haven't you?

PN51

MS CHEW: Well - - -

PN52

THE DEPUTY PRESIDENT: Or not?

PN53

MS CHEW: Yes, we have.

PN54

THE DEPUTY PRESIDENT: I thought you had.

PN55

MS CHEW: I have got two here.

PN56

THE DEPUTY PRESIDENT: Yes, all right.

PN57

MS CHEW: Sir, I have just been given the file this morning.

PN58

THE DEPUTY PRESIDENT: I see.

PN59

MS CHEW: But I am instructed that everything is in order - - -

PN60

THE DEPUTY PRESIDENT: All right, well - - -

PN61

MS CHEW: - - - and that there shouldn't be any issues with it.

PN62

THE DEPUTY PRESIDENT: It is out of time by 13 days, is it?

PN63

MS CHEW: By 13 days, right, okay. In that case we seek your discretion in extending the time limit. I am informed by the organiser that there haven't been any changes to the workforce.

PN64

THE DEPUTY PRESIDENT: And what is the reason for the delay?

PN65

MS CHEW: Probably just more administrative than anything else, than any deliberate attempt to change anything or whatever.

PN66

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

PN67

MS CHEW: Thank you.

PN68

THE DEPUTY PRESIDENT: Ms Richards.

PN69

MS RICHARDS: Thank you, Your Honour. VECCI would concur with the submissions put on behalf of the AMWU in matter number 3062. We would also support the union's application for an extension of time by means of discretion of the Commission under section 111(1)(r) of the Workplace Relations Act.

PN70

Your Honour will note that it has a dispute settlement clause, at clause 48, and the expiry date of this agreement is 31 March 2006. We would submit that it complies with all the relevant statutory tests under the Workplace Relations Act and therefore seek the certification in the form sought. If it pleases the Commission.

PN71

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

ADJOURNED INDEFINITELY [10.26am]