AG2004/3183, Transcript of Proceedings [2004] AIRCTrans 2068 (3 June 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 7211

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2004/3183

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Barrett Burston Malting Company Pty Ltd
and Another for certification of the Liquor
and Accommodation Industry - Liquor Industries -
Maltsters - Award 2002

MELBOURNE

2.05 PM, MONDAY, 24 MAY 2004

PN1

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

PN2

MR R. MARASCO: If the Commission pleases, I am from the Australian Industry Group on behalf of our member company, Barrett Burston Malting Company Pty Ltd.

PN3

THE DEPUTY PRESIDENT: Thank you.

PN4

MS V. ILIAS: If it pleases the Commission, I appear on behalf of the LHMU.

PN5

THE DEPUTY PRESIDENT: Thank you. Yes, Mr Marasco.

PN6

MR MARASCO: Your Honour, this is an application for certification of an agreement pursuant to section 170LJ of the Act. Your Honour will have had a copy of the agreement and the relevant statutory declarations which the Australian Industry Group lodged. Since the agreement was lodged, your Associate e-mailed me with some questions about the agreement. I have had the opportunity to consider those questions and discuss them very briefly with Ms Ilias. Neither Ms Ilias nor I were involved with the drafting of the agreement and unfortunately the personnel manager who provided me with instructions is away until tomorrow so I haven't been able to raise the issues with him.

PN7

THE DEPUTY PRESIDENT: I think they are all relatively minor in substance, Mr Marasco, aren't they? They are primarily referencing issues.

PN8

MR MARASCO: Yes.

PN9

THE DEPUTY PRESIDENT: I am not suggesting that they need to be corrected but I am suggesting there is nothing of any great significance or substance.

PN10

MR MARASCO: Certainly, look, my opinion would be the same. It is not a fundamental change to the agreement and would just appear to be sort of, you know, referencing issues that can be fixed up. Ms Ilias did suggest that we go off the record maybe briefly just to discuss how those issues can be rectified if your Honour is happy with that course of action.

PN11

THE DEPUTY PRESIDENT: Yes, I think that is fine. Ms Ilias.

PN12

MS ILIAS: Yes, your Honour.

PN13

THE DEPUTY PRESIDENT: Yes, I will go off the record just briefly.

OFF THE RECORD [2.07PM]

RESUMED [2.12PM]

PN14

THE DEPUTY PRESIDENT: Yes, after some discussion in conference, it has been decided that we will adjourn this matter to enable the representatives to seek some instructions regarding some of the amendments that are necessary to clarify this agreement and I will relist the matter for hearing at 9.30 am on Friday 28 May. The matter is adjourned.

ADJOURNED UNTIL FRIDAY, 28 MAY 2004