AG2003/10144, Transcript of Proceedings [2004] AIRCTrans 203 (8 January 2004)

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ABN 76 082 664 220

Level 2, 16 St George's Tce, PERTH WA 6000
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TRANSCRIPT OF PROCEEDINGS

O/N WT0060

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT BLAIN

AG2003/10144

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by United KG Pty Ltd and Another for
certification of the United KG Pty Ltd Alcoa
Local Service Contracts and Associated Projects
Certified Agreement 2003

PERTH

2.13 PM, THURSDAY, 11 DECEMBER 2003

PN1

MR D. PRETSEL: I appear on behalf of United KG Pty Ltd.

PN2

MS K. GROVE: I appear on behalf of the AMWU.

PN3

THE DEPUTY PRESIDENT: Please commence, Mr Pretsel.

PN4

MR PRETSEL: Thank you, sir. This is an application for certification of an agreement pursuant to section 170LJ, Division 2, Part VIB of the Workplace Relations Act. The title of the agreement is the Alcoa Local Services Contracts and Associated Projects Certified Agreement of 2003. I wish to note that the Commission wrote to the applicant on 5 December 2003 and we were informed by the Commission that there was a need to amend clause 5(iii) and 19, the signatory clause of the proposed agreement and the amendment related to the registered name of the union party to the agreement.

PN5

The applicant has taken care of those amendments to clause 5(3) and clause 19 and just prior to the commencement of these proceedings the applicant signed the amendment to clause 19 and we were duly advised that clause 3(v) had been amended in the Commission copy of the agreement. Having taken care of that, the applicant submits that the agreement should be commended for certification and if there are no further questions the Commission may have in relation to the agreement, we would propose certification of the agreement operative from today's date, 11 December 2003. Thank you, Deputy President.

PN6

THE DEPUTY PRESIDENT: Thank you, Mr Pretsel. Would you repeat for me the title of the agreement?

PN7

MR PRETSEL: Sir, the agreement is to be known as the United KG Pty Ltd Alcoa Local Services Contracts and Associated Projects Certified Agreement of 2003 and that is referred to in clause 1 of the agreement.

PN8

THE DEPUTY PRESIDENT: Thank you for that. That clarifies that. And can you confirm that the agreement passes the no disadvantage test as of today's date?

PN9

MR PRETSEL: Indeed, Commissioner. Sir, we would submit that the agreement satisfies the no disadvantage test and that the employees whose employment will be subject to this agreement will not be disadvantaged in relation to the relevant award.

PN10

THE DEPUTY PRESIDENT: Thank you.

PN11

MR PRETSEL: Thank you.

PN12

THE DEPUTY PRESIDENT: Ms Grove?

PN13

MS GROVE: Thank you, sir. I would just like to note that we also initialled the change to clause 19 and we concur with the applicant's submissions and we would seek to have the agreement certified as of today's date. Thank you.

PN14

THE DEPUTY PRESIDENT: Thank you for that. This application is pursuant to Part VIB, Division 2, section 170LJ of the Act in relation to an agreement to be known as the United KG Pty Limited Alcoa Local Service Contracts and Associated Projects Certified Agreement 2003. Having heard Mr D. Pretsel on behalf of United KG Pty Limited and Ms K. Gove on behalf of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the AMWU and having read the statutory declarations filed by Mr D. Pretsel on behalf of United KG Proprietary Limited and Mr M. Golesworthy on behalf of the AMWU, I am satisfied that the agreement filed relates to the constitutional corporation United KG Pty Limited, ACN 096 365 972. The AMWU has at least one member employed in the part of a single business to which the agreement relates and is entitled to represent the industrial interests of the member.

PN15

The agreement does pass the no disadvantage test and was made in accordance with section 170LJ and a valid majority of persons employed at the time, whose employment would be subject to the agreement, genuinely approved it. The explanation of the terms of the agreement was appropriate and it includes procedures for preventing and settling disputes between the employer and employees whose employment would be subject to the agreement. Additionally, it specifies a nominal expiry date of not more than three years after the date on which it would come into operation. There are no reasons set out in section 170LU of the Act why I should refuse to certify the agreement which will be certified with effect from 11 December 2003 to operate in accordance with its terms from that date. The formal certificate will issue in due course. I adjourn this hearing.

ADJOURNED INDEFINITELY [2.18pm]