AG2004/3216, Transcript of Proceedings [2004] AIRCTrans 2066 (3 June 2004)

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ADMINISTRATOR APPOINTED

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TRANSCRIPT OF PROCEEDINGS


O/N 7213

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2004/3216

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by National Union of Workers - Victorian
Branch and Another for certification of the
Australian Pharmaceutical Industries (Victoria
& Tasmania) and National Union of Workers
Certified Agreement 2004

MELBOURNE

2.34 PM, MONDAY, 24 MAY 2004

PN1

THE DEPUTY PRESIDENT: Yes, I will take appearances, please.

PN2

MR G. MAAS: If the Commission pleases, I appear for the National Union of Workers.

PN3

MR W. BRISTOWE: If the Commission pleases, I appear for API.

PN4

THE DEPUTY PRESIDENT: Thank you. Yes, go ahead, Mr Maas.

PN5

MR MAAS: Thank you, your Honour, this is an application under Division 2 part VIB of the Act and pursuant to section 170LJ for certification of the agreement known as the Australian Pharmaceutical Industries (Victoria & Tasmania) and National Union of Workers Certified Agreement 2004. Before I take you through my formal submissions, your Honour, your Honour's Associate has alerted me to some matters which I would like to address at the outset.

PN6

THE DEPUTY PRESIDENT: Yes.

PN7

MR MAAS: If I could take you to clause 7.2 of the agreement. We note there, your Honour, that reference has been made to the Clerical and Administrative Employees (Victoria) Award 1995 in both paragraphs and we just seek an amendment to make that 1999.

PN8

THE DEPUTY PRESIDENT: Yes.

PN9

MR MAAS: And also in clause 21.3 of the agreement, in support of wage rates, an administrative error on our part shows that the support of wages at $45 per week and we would seek amendment that that be made $260 per week.

PN10

THE DEPUTY PRESIDENT: Yes, I am not sure on that one, Mr Maas. Perhaps it might be appropriate if we go off the record briefly on that.

PN11

MR MAAS: Certainly.

OFF THE RECORD [2.36pm]

RESUMED [2.39pm]

PN12

THE DEPUTY PRESIDENT: On the record then now, thank you.

PN13

MR MAAS: Your Honour, if I could now turn your attention to the statutory declaration of the union's, just an amendment at part 7.1. We have omitted the awards that are relevant to the agreement - with one in particular and that being the Administrative Employees (Victoria) Award 1999 and we would seek that you could use your discretionary powers there to amend the application so as to include - - -

PN14

THE DEPUTY PRESIDENT: That is in clause - which clause, Mr Maas?

PN15

MR MAAS: Sorry, this is in the statutory declaration of the union's.

PN16

THE DEPUTY PRESIDENT: Yes.

PN17

MR MAAS: In part 7.1.

PN18

THE DEPUTY PRESIDENT: Oh, yes, you just - yes, all right, thanks, that is fine, thanks.

PN19

MR MAAS: Your Honour, at the time of filing the applications, both parties filed their statutory declarations, Tim Kennedy, the assistant secretary of the NUW, on the union's part and Mr Andrew Caper on the part of the Australian Pharmaceuticals Industry Limited. It is our submission that these statutory declarations set out the processes undertaken in seeking - in reaching approval of the agreement and further that the agreement sought is consistent with the relevant sections of the Act. We would therefore seek certification of the agreement on the terms that we have outlined, subject to any further questions that you may have.

PN20

THE DEPUTY PRESIDENT: Well, it was only the undertaking, we were off the record for that, Mr Maas, so perhaps you could provide that undertaking on behalf of the union.

PN21

MR MAAS: Yes, certainly. Yes, your Honour, we would be prepared to provide you with that undertaking pursuant to section 170LB(1) of the Act that the supported wage would not be less than $60 per week.

PN22

THE DEPUTY PRESIDENT: Yes, and that is notwithstanding the provisions of clause 21.3 which currently allows for $45 per week.

PN23

MR MAAS: That is correct, your Honour.

PN24

THE DEPUTY PRESIDENT: Yes. Yes, thanks, Mr Maas.

PN25

MR BRISTOWE: If I could also bring your Honour's attention to 7.1 of the employees declaration, the simple omission of the Admin and Clerical Award should also be considered to be in there as well, sir.

PN26

THE DEPUTY PRESIDENT: Yes, thank you.

PN27

MR BRISTOWE: And, yes, we would support the registration of the award that was passed by a clear majority of our employees and agreed between the union and management.

PN28

THE DEPUTY PRESIDENT: And the undertaking, Mr Bristowe, in respect - - -

PN29

MR BRISTOWE: Yes, we are happy to provide that undertaking as well. If I could be advised of the form that would need to take.

PN30

THE DEPUTY PRESIDENT: Well, the form that I have suggested and I think you accepted when we spoke about it before, Mr Bristowe, was that the form should be to the effect that notwithstanding the provision in clause 21.3 of the agreement which allows for a supported wage of $45 that the parties agree that a payment of not less than $60 would apply - - -

PN31

MR BRISTOWE: We would be happy to give that undertaking.

PN32

THE DEPUTY PRESIDENT: - - - under the terms of this agreement.

PN33

MR BRISTOWE: I will provide that undertaking, sir.

PN34

THE DEPUTY PRESIDENT: Yes, thank you. Is there anything further, Mr Maas?

PN35

MR MAAS: No further submissions, your Honour.

PN36

THE DEPUTY PRESIDENT: Yes, subject to the minor amendment to clause 7.2 which will substitute the Clerical Administrative Employees Award 1995 with the Clerical Administrative Employees Award 1999 and subject to the undertaking provided by the parties to the effect that notwithstanding the provision of this agreement at 21.3, providing for a supported wage rate of not less than $45, that the parties agree that the minimum amount payable shall be not less than $60 per week.

PN37

I am satisfied that this agreement and the supporting documentation comply in all relevant respects with the requirements of the Act and based upon the documentation provided and the submissions here today, I can indicate that the Australian Pharmaceutical Industries (Victoria & Tasmania) and National Union of Workers Certified Agreement 2004 will be certified with effect from today's date subject to the undertaking given and will expire on 31 March 2006.

PN38

The matter is adjourned, thank you.

ADJOURNED INDEFINITELY [2.45pm]